Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when uploading of digital photography to Pacific Harbour Golf & Country Club photo gallery, provided through www.pacficharbourgolf.com.au and derivative sites on which these Terms are posted (collectively, "the Service" or "the Site").
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)
This Service is operated by Pacific Harbour Golf & Country Club a company incorporated under the laws of the State of Queensland, Australia, whose principal business address is Avon Avenue, Banksia Beach, QLD, AU 4172. Pacific Harbour Golf & Country Club is also referred to in these Terms as "we" and "us".
Pacific Harbour Golf & Country Club uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Pacific Harbour Golf & Country Club. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Pacific Harbour Golf & Country Club. You agree that Pacific Harbour Golf & Country Club shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
All brand, product and service names used in this Service which identify Pacific Harbour Golf & Country Club, its parent company VERCROP PTY LTD, or third parties and their products and services are proprietary marks of Pacific Harbour Golf & Country Club, Pacific Harbour Golf & Country Club and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Pacific Harbour Golf & Country Club, Pacific Harbour Golf & Country Club or any third party with respect to any such image, logo or name.
Pacific Harbour Golf & Country Club is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Notice.
6. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Pacific Harbour Golf & Country Club for notice of claims of copyright infringement, who can be reached at email@example.com, or at Pacific Harbour Golf & Country Club, attention: General Manager, Avon Avenue, Banksia Beach, QLD, AU 4507. You must provide our agent with the following information, Pacific Harbour Golf & Country Club may then forward to the alleged infringer:
a. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
b. provide your address, telephone number and email address;
c. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
d. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
e. provide your physical or electronic signature. Upon receiving your complaint, Pacific Harbour Golf & Country Club may remove content that you believe infringes your copyright.
7. External Links
From time to time Pacific Harbour Golf & Country Club may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Pacific Harbour Golf & Country Club is not liable for any loss or damage that you may suffer by using other websites.
8. Amendment of the Terms
We reserve the right to amend these Terms from time to time.
9. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Queensland. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Queensland.
10. Disclaimer of Warranty and Limitation of Liability
THE SERVICE, Pacific Harbour Golf & Country Club, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Pacific Harbour Golf & Country Club DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO Pacific Harbour Golf & Country Club, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR FILM, Pacific Harbour Golf & Country Club SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY KODAK IMAGING NETWORK, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE Pacific Harbour Golf & Country Club’s SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF Pacific Harbour Golf & Country Club HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree not to use the Service:a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited Pacific Harbour Golf & Country Club and Vercorp Pty Ltd;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to attempt to upload images by any method to another user’s account without permission
g. to upload, post, email or otherwise transmit any material which is likely to cause harm to Pacific Harbour Golf & Country Club or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
h. to make images hosted by Pacific Harbour Golf & Country Club available for viewing by the general public through a publicly posted link to the image or otherwise
i. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
j. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
k. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that you shall not:l. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
m. provide any information to Pacific Harbour Golf & Country Club that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
n. resell the Service or any portion of the Service.
You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless Pacific Harbour Golf & Country Club, our parent company Vercorp Pty Ltd, its and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party.
These Terms constitute the entire agreement between Pacific Harbour Golf & Country Club and you with respect to your use of the Service. Pacific Harbour Golf & Country Club failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.