Website Terms Of Use

Welcome to www.genkin.org

This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and Ilya Genkin Photography ("IGP"). By accessing and using the www.genkin.org web site, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

IGP reserves the right to change these terms and conditions periodically at its sole discretion. User's continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

COPYRIGHT

The www.genkin.org ("Website") is owned and operated by Ilya Genkin Photography, ABN: 85 729 024 534. The Website, the material on the Website, design, text, photos, images and graphics comprised in the Website, the names, logos and trade marks on the Website and the selection and layout of the Website (Content), if not stated otherwise, are owned or licensed by IGP and protected by copyright, trade mark and other intellectual property laws of Australia and other countries.

PERMITTED USAGE

Comps and Layouts: IGP grants User a personal, nontransferable, non-exclusive right to copy low-resolution image(s), i.e. Thumbnails and Previews that User has selected onto User's computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "image(s)") on one computer and with one user at a time. The images may ONLY be copied, modified and incorporated in materials for Test or Sample use including comprehensive layouts, also called "comps" and "layouts".

These files can be used free of charge if they are used only for personal, non-commercial use and solely for test or sample purposes. Comping files may be used to take a closer look at a particular image or to create materials for proofing presentations to clients. Comping files are not licensed for use in final projects, whether for internal or external use. Copyright watermark information on comping files must be untouched.

IN-CLASS EDUCATIONAL USES

Students and teachers may use images for free for in-classroom projects for non-profit educational institutions. User does not need to license images for these uses, nor does User need to ask permission. This is called, "Fair Use", and User should read more about this important aspect of Copyright Law here.

MODEL AND PROPERTY RELEASES

IGP makes no representations or warranties whatsoever as to the legality or validity of any Release associated with a photograph.

IGP makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.

User must satisfy himself or herself that all necessary rights, consents or permissions as may be required for Reproduction of any photograph have been secured by User.

IGP cannot guarantee that User will be able to use the image for any purpose he or she likes. Also, if there is a model release for the image, IGP does not represent or make warranties whatsoever as to the legality or validity of it.

ADVERTISING AND LINKS TO OTHER WEBSITES

The Website may contain links to other web sites, including but not limited to the sites of affiliates, partners and resources. These sites may have different privacy policies and practices from ours. IGP assumes no responsibility for the policies or practices of linked sites. User should contact that web site's administrator with all questions or concerns about any external link.

INDEMNITY

User agrees, at User's expense, to indemnify, defend and hold harmless IGP, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of this web site or any product or service related thereto.

DISCLAIMER AND LIMITATION OF LIABILITY

This Website and its content are provided "as is" and IGP excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. IGP will not be liable for any damages of any kind arising from the use of this web site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The functions embodied on, or in the materials, of this Website are not warranted to be uninterrupted or without error. User, not IGP, assumes the entire cost of all necessary servicing, repair or correction due to User's use of this Website.

Under no circumstances will IGP, its directors, officers, employees, partners or agents or the owner of the images be liable to User for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) as a result of User's use of, or inability to use, this web site or from User's access or use of the images on this web site, or the performance of this web site or the Content whether or not IGP has been advised of the possibility of such damages.

IGP uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but IGP makes no representations or warranties as to the Content's accuracy, correctness or reliability.

Prices, specifications, availability and terms of offers may change without notice. Despite IGP best efforts, a small number of items may contain pricing or typography errors. Correct prices and promotions are validated at the time User's order is placed.

GOVERNING LAW

The Terms of Use are governed by, construed and enforced in accordance with the laws of Australia. Disputes arising from the Terms of Use are subject to the exclusive jurisdiction of the courts of Australia.

NO WAIVER, SEVERABILITY

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.