marsta.com - Website Terms & Conditions Of Use - MARSTA Motorsport Photography

We have detected that your browser does not have JavaScript, or it is disabled. To ensure you get the most out of this website, including viewing and purchasing images, it is essential to have a JavaScript capable browser. Google, Mozilla and Microsoft offer free browsers which support JavaScript. If you do have a JavaScript capable browser then please ensure you have JavaScript enabled in your browser preferences or options. Click here for a more detailed explanation on enabling JavaScript.

MARSTA Photography Website Terms & Conditions Of Use

Last Updated: March 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with MARSTA Photography, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify MARSTA Photography for violations of these Site Terms.

Privacy Policy

MARSTA Photography is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

This Site is owned by MARSTA Photography. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, illustrations, and the selection and arrangement thereof ("MARSTA Photography Content"), is owned by MARSTA Photography. All elements of the Site, including the MARSTA Photography Content, are protected by copyright, trade dress, moral rights, and other laws relating to the protection of intellectual property.

Use of the Site

This Site and the MARSTA Photography Content are intended for customers of MARSTA Photography. You may not use this Site or the MARSTA Photography Content for any purpose not related to your business with MARSTA Photography. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the MARSTA Photography Content without, or in violation of, a written license or agreement with MARSTA Photography; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the MARSTA Photography Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MARSTA Photography product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the MARSTA Photography Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Links

You may not use a MARSTA Photography logo or other graphic of MARSTA Photography to link to this Site without the express written permission of MARSTA Photography. Further, you may not frame any MARSTA Photography logo or other information, including the MARSTA Photography Content, without MARSTA Photographys' express written consent.

MARSTA Photography makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of MARSTA Photography and MARSTA Photography is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MARSTA Photography provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MARSTA Photography of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MARSTA Photography shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Disclaimer

THIS SITE AND THE MARSTA PHOTOGRAPHY CONTENT ARE PROVIDED "AS IS" AND MARSTA PHOTOGRAPHY EXCLUDE, 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. MARSTA PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE MARSTA PHOTOGRAPHY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MARSTA PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE MARSTA PHOTOGRAPHY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE MARSTA PHOTOGRAPHY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

MARSTA Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the MARSTA Photography Content, but we make no representations or warranties as to the MARSTA Photography Content's accuracy, correctness or reliability.

Limitation of Liability

IN NO EVENT SHALL MARSTA PHOTOGRAPHY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE MARSTA PHOTOGRAPHY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MARSTA PHOTOGRAPHY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MARSTA PHOTOGRAPHYS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARSTA PHOTOGRAPHY, 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 THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MARSTA PHOTOGRAPHY FOR ACCESS TO OR USE OF THE SITE.

Changes to Site Terms

MARSTA Photography reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed to MARSTA Photography via the contact form page or by calling +61 (0) 404 14 6782.