Last Updated: November 12, 2019
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. THIS CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND PHOTILES.COM.AU ("PHOTILES," "WE" OR "US") FOR THE USE OF THE PHOTILES APPLICATION (THE "APP") AND ANY RELATED PHOTILES WEB OR MOBILE SITES WHICH LINK TO THESE TERMS (THE "SITES"). THE APP AND THE SITES WILL COLLECTIVELY BE REFERRED TO AS THE "SERVICE." BY DOWNLOADING, ACCESSING OR USING THE APP OR OTHERWISE ACCESSING ANY PORTION OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA.
Changes to Terms: To the full extent permitted by applicable law, we reserve the right to change or modify any of the terms and conditions contained in these Terms or any related policy or guideline, at any time and in our sole discretion by providing notice these Terms have been modified. Such notice may be provided by sending an email, by posting a notice in the App or the Sites, by posting the revised Terms in the App and on the Sites and revising the date at the top, or by such other form of notice as we may determine is appropriate. Your continued use of the App following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications.
You agree that the User Content you upload using the Service will not infringe or violate the rights of any third party (including copyrights, trademarks and rights of privacy or publicity), violate any applicable law, rule or regulation, and will not be unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, abusive, inflammatory, false, misleading, or fraudulent or contain any viruses, corrupted data or other harmful, disruptive or destructive files. If you post any third-party materials, such as professional photographs, you must first obtain permission from the copyright owner in such materials to do so.
You further agree that you will not do any of the following in connection with your use of the Service:
Enforcement of these user content and conduct rules is solely at our discretion, and these rules do not create any private right of action on the part of any third party or any reasonable expectation that the App will not contain any content or conduct that is prohibited by such rules. As a provider of interactive services, Photiles is not liable for any statements, representations or User Content provided by its users in connection with the Service. Although we have no obligation to do so, we reserve the right to remove, screen, or disable access to any User Content at any time and for any reason without notice, and you are solely responsible for creating backup copies of any User Content you transmit through the Service.
You represent and warrant that (a) you own and control all of the rights to the User Content that you upload or you otherwise have the right to upload such User Content to the Site and grant the rights you grant in these Terms; (b) your use of the User Content does not violate these Site Terms; and (c) neither your use of any User Content, nor the use thereof by Photiles, will not infringe upon or violate any rights of, or cause injury to, any person or entity.
PHOTILES CANNOT AND DOES NOT WARRANT THAT THE APP WILL FUNCTION CORRECTLY AND WITHOUT DELAYS OR DISRUPTIONS, WILL AT ALL TIMES BE SECURE, ERROR FREE AND PREVENT UNAUTHORIZED ACCESS, OR THAT ALL DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS, INFORMATION, GUIDELINES OR ADVICE GIVEN BY PHOTILES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL PHOTILES'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP EXCEED THE GREATER OF TEN DOLLARS OR THE TOTAL LICENSE FEE, IF ANY, THAT YOU HAVE PAID TO PHOTILES FOR USE OF THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PHOTILES HOME DECOR
ABN: 17 461 812 303
94 Robinsons Road
Deer Park, 3023