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indonesia photography - terms & conditions
Terms and Conditions
Please read these terms & conditions carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms & conditions ("terms"), do not use this website. By using this website & indicating agreement by clicking in the "I agree" box you agree to be bound by the terms & conditions of this agreement.
Ownership
The www.indonesiaphotography.com website (hereafter referred to as "IP"), its domain & the majority of the "content" or "imagery" displayed on IP, including but not limited to, photography, photographs, photos, images, imagery, movies, videos, scans, software, text or graphics" (hereafter referred to as "content" or "imagery") are owned by photographer Donald Jeremy (Jez) O'Hare & hereafter referred to as "the licensor" or "he".
"Contributing photographers, film makers & others" (hereafter referred to as "authors") with imagery or content displayed on IP, have provided their imagery to the licensor for either display & "comp" use (see below), or have agreed for their imagery to be displayed, for comp use & be "licensed" by the licensor. All of the content on IP is owned by the licensor or authors or organizations providing their content.
These terms constitute a legal agreement between you & the licensor only.
Intellectual Property
All components of the IP website, including but not limited to design & content are protected by copyright & intellectual property laws. Except as permitted under this agreement, no part of this website or its content maybe copied or transmitted via any means, & this website, its content & all related rights shall remain the exclusive property of the licensor unless otherwise stated or agreed.
How to use IP imagery
Imagery, other than watermarked "comp" imagery in the "photos" section of IP, may only be used after you have obtained the relevant license agreement(s) by paying a fee(s). Only comp imagery may be used for your internal "dummy" layouts or storyboards as a sample to show your clients. The licensor does not grant you any license to use this comp imagery in any final materials distributed by yourself or your company in emails, websites or on any electronic system. Except for short term internal presentation as a sample / dummy / mock up, the licensor grants you no rights & you may not display, offer, distribute, sub-license or use any comp images.
Release documents
The licensor does not imply or state the existence of any release documents associated with imagery on IP. Most imagery on IP does not have release documents. The licensor also gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in the imagery on IP. You must satisfy yourself that all necessary rights & permissions required for reproduction of the imagery have been secured. Any release documents created for licensing our imagery must be kept & made available by you as required, for the duration of imagery use.
Indemnification for Breach
You agree to indemnify the licensor &/or other relevant authors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the content & related rights.
Disclaimers
We do our best to check information & quality of the content on IP, but we do not imply nor make any guarantee to the content’s accuracy & quality. The features & contents of this website are not without error. You, not the licensor, assume the cost of all necessary correction due to your use of this website.
Except as stated in these terms & policies, neither "the licensor, IP operators or authors" (hereafter referred to as "we" or "us"), will be liable for any damages including but not limited to lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages arising out of your use of, your inability to use, or the condition of this website or its content.
Abuse of IP
While using IP, you will not post false, inaccurate, misleading or defamatory content, violate any laws, third party rights, distribute or post spam, chain letters, viruses or other technologies that may harm IP, or the interests or property of IP & IP users. You will not copy, modify, distribute, harvest or collect information about users including email addresses. Please report problems, offensive content & policy violations to us.
We may temporarily suspend or terminate your account(s) and use any procedure to keep you off IP if we think you are creating problems or if your account has been inactive for a long time.
Laws
This agreement is governed by Indonesian law & will not be governed by any other laws, convention or contracts. The licensor reserves the right to change these terms, policies, prices, rates, information or content on this website without notice. These terms explain the entire agreement between the licensor & you relating to your use of this website. No action of the licensor other than a written waiver or amendment may be construed as a waiver or amendment of any of these terms or policies. Should any clause of these terms, privacy policy &/or security policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force & effect.
Google Maps & satellite imagery & U.S. Naval IR Weather Satellite imagery displayed on IP are to enhance visitors experience. These maps & satellite imagery are marked: "Google Maps Copyright © 2007 Google. All rights reserved." and "Copyright © U.S. Naval Maritime Forecast Center 2007. All rights reserved."
Any imagery usage rights we license are specified on your cart &/or invoice & cannot be used for any other purpose without further agreement. The license will state the media, territories, duration, size, placement etc. Any additional usage will be charged according to the IP "Price Calculator" but is not limited to it, depending if the additional usage was reported, and if there were damages or loss of revenue because of it.
Security policy
If you pay for imagery using a credit card, the payment process is handled by a secure Payment Gateway Service NSIApay (www.nsiapay.com) and the acquiring bank, BNI (www.bni.co.id) hereafter referred to as "the acquirer". The payment instruction is passed to NSIApay, encrypted with 128 bit bank encryption and then sent to the acquirer for processing. No credit card data is stored on NSIApay servers or our server. The only part of online transactions we handle is the preparation & delivery of imagery by internet or courier.
NSIApay is not acting as our agent, our customers, or any other person and is not authorized to contract on behalf of any third party or parties but for itself only. NSIApay is not acting as a conduit for the transmission of any payment by you to us, whether via the acquirer or otherwise through the payment system, and NSIApay has no control over the acquirer or any other payment institution. NSIApay shall not be liable for any loss or damage of any nature and to any extent, which the acquirer, IP, you or any other party who may incur as a result of, or in connection with, any fault or failure of such payment institution, payment instruction and/or payment system.
Privacy policy
We are committed to protecting your personal privacy. When you register on IP we need some personal details & a password. If you order imagery we check your delivery address. We cannot see or record credit card information. If you pay by bank transfer we may ask the phone, email & contact person in your accounts department. We do not share email addresses and we do not send bulk promotional emails to our clients. We may only share limited personal information if requested by law, by parties investigating a transaction or to answer your questions. You can modify or delete your information in the "my account" section on IP.
Cookies
We place a text file called a "cookie" in the browser directory of your computer. Cookies enable this website to recognize information you entered, such as lightboxes and registration data. Cookies allow you to access and modify your lightboxes or data. You can turn off acceptance of cookies in your web browser preferences panel but it may affect some use of this website.
Refunds
We offer full refund if you are not satisfied with the quality of licensed imagery or if you made a mistake during the licensing process. (chose the wrong imagery, double charged yourself, etc.) We refund using NSIApay within a few working days.
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