Disclaimer

The PhotoMarketeers Web Site (the “Site”) is an online
information service,
subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. PhotoMarketeers MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are PhotoMarketeers, its
affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to this site a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to PhotoMarketeers by all means and in any media
now known or hereafter developed. You also grant to
PhotoMarketeers the right to use your name in connection with
the submitted materials and other information as well as
in connection with all advertising, marketing and
promotional material related thereto. You agree that you
shall have no recourse against this site for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to this site.

TRADEMARKS

Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of PhotoMarketeers. Other product and company
names mentioned in the Site may be the trademarks of
their respective owners.

2. Use of the Site

You understand that, except for information, products or
services clearly identified as being supplied by
PhotoMarketeers, this site does not operate, control or
endorse any information, products or services on the
Internet in any way. Except for PhotoMarketeers-
identified information, products or services, all
information, products and services offered through the
Site or on the Internet generally are offered by third
parties, that are not affiliated with PhotoMarketeers.
You also understand that this site cannot and does
not guarantee or warrant that files available for
downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are
responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. PhotoMarketeers PROVIDES THE
SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND PhotoMarketeers SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. PhotoMarketeers DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK. PhotoMarketeers HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL PhotoMarketeers BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF this site OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
PhotoMarketeers LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.

PhotoMarketeers makes no representations whatsoever about
any other web site which you may access through this one
or which may link to this Site. When you access a
non-PhotoMarketeers web site, please understand that it is
independent from this site, and that PhotoMarketeers
has no control over the content on that web site. In
addition, a link to a PhotoMarketeers web site does not
mean that this site endorses or accepts any
responsibility for the content, or the use, of such web site.

3. Indemnification

You agree to indemnify, defend and hold harmless
PhotoMarketeers, its officers, directors, employees, agents,
licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.

4. Third Party Rights

The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of PhotoMarketeers
and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.

5.Term; Termination

This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.

6.Miscellaneous

This Agreement shall all be governed and construed in
accordance with the laws of Australia applicable to
agreements made and to be performed in Australia. You
agree that any legal action or proceeding between PhotoMarketeers
and you for any purpose concerning this
Agreement or the parties’ obligations hereunder shall be
brought exclusively in a federal or state court of
competent jurisdiction sitting in Australia. Any cause of
action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action
is barred. PhotoMarketeers’s failure to insist upon or
enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any
provision of this Agreement. PhotoMarketeers may assign
its rights and duties under this Agreement to any party
at any time without notice to you.

Any rights not expressly granted herein are
reserved.