Terms of Service
Welcome to our website. This website is owned and operated by Claire Christina Bentley t/as Olairson (ABN 26 594 845 825), its successors and assignees (referred to as “we” or “us”). It is available at: staging.automotivelightpainting.com (Site) and may be available through other addresses or channels.
The Site allows users to upload, save, sort, comment on and manage images of motor vehicles on the Site. The Site also acts as a personalised media platform which allows you to browse the content of other users. The Site allows you to save individual images to your favourites and to communicate with other users of the Site.
Account: In order to access and make use of our Site you must create an account using an email address and password or you may elect to tether the Site to your Facebook or Google Plus account (Account). Before your first use of the Account you will be required to create a username. You can use your Account to track images that you have uploaded, follow third party accounts and add third-party images to your favourites folder for easy access. You must not create and/or maintain more than one Account on the Site. Basic information is required when creating an Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. It is your responsibility to keep your Account details confidential. You are liable for all actions or activity on your Account, whether or not those actions or activities have been authorised by you. You must immediately notify us of any unauthorised use of your Account.
Information: The information, including statements, opinions, documents or blog articles, contained in this Site (Information) are for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
Free to use: The Site is free to use.
Notifications: You can choose the notifications that you receive from the Site via the notifications tab located in your Account.
Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
Reporting Abuse: You can report abuse or suspected abuse via the “Report Abuse” tab found in the top right hand corner of your drop-down navigation panel.
Our copyright and intellectual property rights:
Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights.
You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
- altering or modifying any of the code or the material on the Site;
- causing any of the material on the Site to be framed or embedded in another website;
- creating derivative works from the content of the Site; or
- using the Site for commercial purposes.
Your content - copyright and intellectual property rights:
Our Site permits users to post content, including images, comments, tags, links and other material (User Content). By uploading User Content, you:
- warrant to us that you have all necessary rights to use and upload the content;
- grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access or otherwise exploit such User Content on, through, or by means of the Site and/or our related social media accounts and pages;
- grant every other user of the Site and/or follower of our related social media accounts and pages a worldwide, irrevocable, perpetual, non-exclusive, non-transferable, royalty free licence to view, use and access User Content for their personal, non-commercial use, while on the Site and/or our related social media account or page; and
- consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
Permissible conduct and licence - your use of the Site
Unless otherwise stated in these Terms, your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms, with the right to view, use and access third party User Content while on the Site.
All other uses are prohibited without our prior written consent. The right to use the Site and User Content is being licensed to you and is not being sold to you. You have no rights in the Site or third party User Content other than to use it in accordance with these Terms. These Terms and the user licence granted under this clause governs any update to, or supplements or replacements for the Site, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Prohibited conduct: You must not:
- Use the Site or Content for any activities, or post or transmit any material from the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that infringes the intellectual property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable
- to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Site, into disrepute;
- Interfere with or inhibit any user from using the Site;
- Use the Site to send unsolicited email messages;
- Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
- Facilitate or assist a third party to do any of the above acts.
- Use the Site or Content for any activities, or post or transmit any material from the Site:
Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user or deactivate any Account, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from (i) any use of or access to, or any inability to use or access, the Site (including any content on the Site), (ii) any content or material you upload onto the Site, or ((iii) your breach of these Terms
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
Disclaimer: The Site and all content on the Site is provided to you on an “as is” basis without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
- the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
- Third Party Information; or
- Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- your use of or access to the Site;
- any breach by you of these Terms;
- any content you upload onto the Site; or
- any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site, deactivate your Account, and to enforce our rights against you.
Waiver: If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
Security: We cannot and do not guarantee that your Account and any content you upload onto the Site will be secure from unauthorised third party access nor do we guarantee that unauthorised third parties will not be able to defeat our security measures.
Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non- permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive. Following termination, we may continue to use, store, display, reproduce, modify, create derivative works and distribute any Content that you stored or shared on the Site.
Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing (including by email) of any dispute you may have.
Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.