Terms of use

Talisman Creative Pty Ltd
ABN. 98 126 240 293

Your access to our web sites

www.talismancreative.com.au
www.real-estate-photography.com.au

is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document. Your use of, and/or access to, the web site constitutes your agreement to the Terms of Use. Talisman Creative Pty Ltd reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document.

Intellectual Property and Restrictions On Use Of Content

All information, text, material, graphics, software and advertisements on the Talisman Creative Pty Ltd web sites or its associated services are Copyright 2009 Talisman Creative Pty Ltd. The Content is protected by Australian and International copyright and trademark laws. You must not modify, copy, reproduce, republish, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on the web site or expressly authorised in writing by Talisman Creative Pty Ltd or its authorised staff or affiliates.<br>

Strictly on the condition that you keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:<br>
a) using an industry-standard web browser, download and view the content for your personal, non-commercial use, or<br>
b) if you are an internet service and/or access provider, supply the content to your subscriber. You must not use the web site in any manner or for any purpose which is unlawful or in any manner which violates any right of or an affiliate or which is prohibited by the Terms of Use.

Disclaimer And Limitation Of Liability

The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by Talisman Creative Pty Ltd goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). Talisman Creative Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) Talisman Creative Pty Ltd and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Talisman Creative Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to you are free of viruses or any other harmful components, d) Talisman Creative Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. Under no circumstances (including but not limited to any act or omission on the part of Talisman Creative Pty Ltd will Talisman Creative Pty Ltd or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. You expressly acknowledge and agree that Talisman Creative Pty Ltd does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Talisman Creative Pty Ltd liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Talisman Creative Pty Ltd to the following: In the case of services supplied or offered by Talisman Creative Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again

Termination

The Terms of Use are effective until terminated by Talisman Creative Pty Ltd, and Talisman Creative Pty Ltd may terminate this agreement and your access to the web site at any time without notice. In the event of termination, you are no longer authorised to access the web site, but all restrictions imposed on you, licenses granted by you and all Talisman Creative Pty Ltd disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Talisman Creative Pty Ltd relies on your continued observance of these Terms of Use. If Talisman Creative Pty Ltd suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify Talisman Creative Pty Ltd for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Laws of Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or un enforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted herein are reserved.