1. WHAT IS A COOKIE?
Cookies and other tracking technologies (such as browser cookies and local storage, pixel beacons, and Adobe Flash technology including cookies) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
2. WHAT COOKIES DO WE USE?
We use a variety of different types of Cookies on our Sites. Different Cookies have different specific purposes but in general they are all used so that we can improve your experience in using our Sites and interacting with us. Some of the purposes of different Cookies we use are described below.
(A) Some Cookies are essential to the Site in order to facilitate our log-in process and enable you to move around it and to use its features. Without these Cookies, we may not be able to provide certain services or features, and the Site will not perform as smoothly for you as we would like.
(D) We and our service providers and advertisers may use analytics Cookies, which are sometimes called performance cookies, to collect information about your use of the Site and enable us to improve the way it works. Analytics Cookies collect information about how you use the Site, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site and show us whether our advertising is effective or not.
(E) We and our service providers and advertisers may use advertising Cookies to deliver ads that we believe are more relevant to you and your interests. For example, we may use targeting or advertising Cookies to limit the number of times you see the same ad on our Site, to help measure the effectiveness of our advertising campaigns as well as to customize the advertising and content you receive on our Site.
(F) Social plug-in tracking Cookies can be used to track both members and non-members of social networks for additional purposes such as behavioural advertising, analytics, and market research.
We aggregate information received from the various Cookies placed on your browser by our connected network of sites. We may also link our anonymous Cookie ID’s with the anonymous Cookie ID’s used by third parties, including some of our service providers. This improves our ability to provide you with more relevant editorial and advertising content based on your activity across our connected network. We may also associate your browser and/or device with other browsers or devices you use.
In some circumstances, we may work with third parties to provide certain services on our Site. For example, we use analytics services supported by third party companies who generate analytics Cookies on our behalf, including Google Analytics.
For more information on Google Analytics see here https://policies.google.com/technologies/partner-sites.
We may not have access to these Cookies, although we may use statistical information arising from the Cookies provided by these third parties to customize content and for the other purposes described above. These companies may also transfer this information to other parties including where they are required to do so by law, or where such other parties process the information on their behalf.
Third-party advertisers and other organizations may also use their own Cookies to collect information about your activities on our Site and/or the advertisements you have clicked on. This should only happen in compliance with our Advertiser Data Policy or otherwise as approved by us. Again, this information, which may be combined with other information acquired from third parties, may be used by them to provide you with advertisements (both on our Site and through other means) that they believe are most likely to be of interest to you based on content you have viewed.
Third-party advertisers may also use this information to measure the effectiveness of their advertisements and to track aggregate usage statistics.
We may not control these third-party Cookies and their use may be governed by the privacy policies of the third parties employing these Cookies. To learn about these Cookies and to disable or reject third-party Cookies, please refer to the relevant third party’s website.
4. HOW CAN YOU OPT OUT?
Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Some browsers may include setting that restrict cookies to “websites that you visit”. Be aware that at times, before taking you to a page in our network which you have requested to visit, we may momentarily redirect your browser to another of our network sites to place a Cookie onto your browser. This is done to enhance your experience across our connected network of sites and to improve our ability to provide you with more relevant editorial and advertising content based on your activity across our connected network. Such local redirects may be included as “websites that you visit”. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Company Services.
You acknowledge and agree that if you contribute Content to the Website, such Content will become the property of Orlando Sydney Photography and you hereby assign all rights, title and interests in and to such contributions to Orlando Sydney Photography.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (“Feedback”), will be deemed to be non-confidential. Orlando Sydney Photography has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Orlando Sydney Photography will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Orlando Sydney Photography reserves the right to remove any Content from this Website at any time, for any reason including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content.
It is the policy of Orlando Sydney Event Photography to request that persons under the age of 18 do not provide any information to the Services without the consent of a parent or legal guardian.
Your conduct when using this Website
You acknowledge and accept that your use of the Website indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
- take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access;
- disrupt or interfere with or make attempts to disrupt or interfere with:
– the Website;
– any other user’s enjoyment of this Website or Third Party Websites; or
– any services, system resources, accounts, servers or network connected to or accessible
through this Website or Third Party Website;
- engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
- use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of Orlando Sydney Event Photography except as expressly authorised by this licence;
- use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Orlando Sydney Event Photography;
- take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
- use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
In accessing this Website, you acknowledge and agree that:
- you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. Orlando Sydney Event Photography reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
- if Orlando Sydney Event Photography issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not; and
- you have exercised your independent judgment and have not relied on any representation made by Orlando Sydney Event Photography which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Orlando Sydney Event Photography (which material may be out of date or superceded).
While Orlando Sydney Photography has endeavoured to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided “as is” and “as available” and Orlando Sydney Photography takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause Orlando Sydney Photography to be in breach of the terms of the licence.
To the maximum extent permitted by law, Orlando Sydney Photography:
- disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement; and
- will not be liable for any cost, loss or damage suffered by you through your use of the Website or Orlando Sydney Photography failure to provide access to the Website or any Third Party Websites or any information updates.
- The content may contain general information about Orlando Sydney Photography products and services. Unless expressly stated otherwise, the Content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- At our discretion, form part of the terms and conditions for Orlando Sydney Photography products and services;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
Orlando Sydney Photography does not warrant or make any representations:
- that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website; or
- in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise; or
- that use of this Website will be compatible with the hardware and software you are using to access it; or
- that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.
Orlando Sydney Photography will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect services & materials.
Subject to any responsibilities implied by law and which cannot be excluded, Orlando Sydney Photography (including our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on Orlando Sydney Photography, or implied into this licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of Orlando Sydney Photography for breach of any such implied term will be limited to the maximum extent possible, at the option of Orlando Sydney Photography, to any one or more of the following:
- The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment
of the cost of having the goods repaired or the services performed again.
Nothing in this licence is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
Orlando Sydney Photography reserves the right to make any change, add or remove any material in or from this Website without notice. Orlando Sydney Photography may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision may be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.
This licence is governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
By accessing and using this website you acknowledge having read and agreed to our Privacy Statement available on this page and consent to the collection, use and disclosure of your personal data in accordance with the Privacy Statement.
All rights not expressly granted on this website are reserved by us.
All information, content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, forms, photographs, graphics, and software available on or through this website (collectively “Content”) is owned or controlled by us, our respective subsidiaries and related companies. The Content is protected by copyright, common law rights and legislation. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through this website for commercial or public purposes, without the prior written permission of Orlando Sydney Event Photography.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on this website are the property of Orlando Sydney Photography, and related companies, or of other parties, who may or may not be affiliated with, connected to, or sponsored by us. The Marks are protected by trademark, common law rights and legislation. Users of this website are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of the relevant Encore entity/entities or such third party that may own the Marks.
We grant you a limited licence solely to access and make personal use of this website but not to download (other than page caching) or modify it, or any portion of it. The licence does not allow or include any right of resale or commercial use of this website or any of its Content; any collection and/or use of any product or service listings, descriptions, or prices; any derivative use of this website or any Content; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent which we may withhold in our absolute discretion.
We endeavour to ensure that information displayed on this website is accurate. However some information provided on this website is provided by third parties and we are unable to guarantee the accuracy of all information nor are we able to guarantee that this website is free of errors or faults.
We make no representation or warranty about, and accept no responsibility for any error, omission, inaccuracy, misleading contents, information or anything done or not done if you access, use, download, or act in reliance on any representation, information, data or Content contained, linked or distributed through this website. We also reserve the right to change information displayed on this website at any time without notice to you.
THIRD PARTY PRODUCTS/ SERVICES
No endorsement of any third party or its products, services, or website is intended by any Content, links or advertisement (including banner ads containing embedded hyperlinks) on or to this website. Links and information displayed about any third parties are provided only as a convenience and may not remain current. Opinions expressed on this website or any third party website do not necessarily reflect those of Orlando Sydney Photography or any of our subsidiaries or related companies.
When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMERS AND LIABILITY
Without affecting any of your rights which cannot be lawfully excluded or limited:
a) this website and its content are provided “as is” and we make and give no warranty, guarantee or representation, express or implied as to the operation of this website or the fitness, merchantability or suitability of any information, Content, materials, data, product, service or provider displayed on this website or any referenced or linked website, or that this website, our servers or any email or communications sent from us are free of any viruses or other harmful components;
b) you use this website and download any material, data or other Content at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from such use or download;
c) WE WILL NOT BE LIABLE FOR AND EXCLUDE ALL LIABILITY for any loss, damage, liability, claim or expense and whether direct, indirect or consequential, special or punitive (including but not limited to any loss of profit, revenue, data or anticipated savings) whatsoever and howsoever caused, arising from access, use, downloading, receipt, or reliance by you or any other person on or to, any representation, information, Content, materials, data, communication, product or service provided on or via this website, or otherwise in connection with this website on any basis whatsoever; and
d)we make no representation or warranties that this website or any Content contained on or downloaded from this website is appropriate or available for use in all geographic locations.
You should not rely on the content of this website without, where appropriate, first obtaining advice from relevant consultants and professionals.