Welcome to the Action Sports Images Website ("Website"). Please review the following basic rules and conditions that govern your use of this Website (the "Agreement"). Please note that your use of this Website constitutes your agreement to follow and be bound by these rules and conditions.
Aaronlee Estate Pty Ltd (ABN 46 107 236 671)trades as Action Sports Images (Action Sports Images) reserves the right to change and/or modify these terms with no prior notice to you. Your use of this Website following any such change constitutes your agreement to follow and be bound by the rules and conditions as changed. You agree that these terms and conditions shall govern the nature and conduct of agreement that may exist, and, that it shall constitute the entire terms of the contractual or other relationship that may exist from time to time. You shall not be entitled to rely upon any actual or implied representation specification or warranty, either orally or in writing, as to fitness for purpose or suitability for your products or services. No advice or recommendation shall be taken to have been made expressly or impliedly. Action Sports Images may alter, change, move or delete portions of, or may add to, this Website from time to time as is deemed appropriate in the absolute discretion of Action Sports Images.
2. SITE CONTENTS
Unless otherwise noted (example: user submission or reprint permission), all materials, including images, illustrations, designs, icons, photographs, video clips, articles, and written and other materials that are part of (Contents) this Website are Copyright � Action Sports Images and are intellectual properties owned, controlled or licensed by Action Sports Images. You may download the FREE materials displayed on the Website for your personal use only for use on one (1) website. Action Sports Images does not condone or consent to the use of its products or services to produce websites that promote racism, hate and violence or illegal activities. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, assign, lease, sublicense or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software. The unauthorised use of any trademark or intellectual property displayed on this site is strictly and expressly prohibited without the formal written consent of Action Sports Images.
3. DOWNLOAD POLICY
Upon selection of the appropriate images and or services, and, authorisation for credit card payment an email will be sent to your email address. Upon receipt of this email you will be provided with a link. All orders are tracked and recorded. If you experience any difficulty please contact Action Sports Images
4. FREE GRAPHICS
Unless otherwise noted (example: freeware) all free graphics and html pages require you to insert a link back to Action Sports Images
5. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Website shall be and remain the property of Action Sports Images. Such disclosure, submission or offer of any Feedback shall constitute an assignment to Action Sports Images of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback. Thus, Action Sports Images will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Action Sports Images is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any user Feedback.
You agree that no Feedback submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and shall not be racist, defamatory, sexually explicit, offensive or contrary to any Statute, Act, Regulation, Custom Trade or usage. You further agree that no Feedback submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback that you submit. You agree that Action Sports Images may use and/or disclose information about your demographics and use of the Website in any manner that does not reveal your identity.
6. COPYRIGHT OF PHOTOGRAPHIC IMAGES
Subject at all times to the provisions of the Copyright Act 1968, all images contained on the Action Sports Images website remain the exclusive property of Actions sports Images, unless otherwise mentioned. No Image may be downloaded or reproduced without the prior written consent of Actions sports Images, regardless of whether you may have agreed to/ or intend to purchase any image(s). The purchase of a print or placing and order for a print shall not constitute any assignment of copyright in any way whatsoever. All photos are for private and personal uses and must not be used for reselling for further profit, or commercial exploitation in any way whatsoever, including but not limited to print media, electronic media, television or any other dissemination or distribution service. The purchase of an image does not give the purchaser any right or permission to use the image other than as set out in these terms.
While every effort is made to ensure that the image you see on this site is exactly what you receive in hard copy format, please be aware that there may be some minor variations due to cropping and printing considerations. If Action Sports Images becomes aware of any ongoing concerns or problems we will take these issues seriously and work to address these concerns. If you have any further queries please contact us via email.
Every effort has been made to display the colours of our products that appear at Action Sports Images as accurately as possible. Action Sports Images cannot guarantee that your individual monitor's display of any colour will be accurate, as the actual colours displayed will depend on your monitor and its functional capacity and specifications. You should refer to your hardware supplier for further advice.
8. REFUND/RETURNS POLICY
Subject to any requirement of the laws of Australia and the State of New South Wales, the purchase of the product and or service shall not entitle the customer to return the product and obtain a refund of the purchase price. Action Sports Images agrees to rectify any defective code that is found to exist, and, shall at its option and in its absolute discretion, rectify or replace the defective code or product. Action Sports Images shall, in its absolute discretion, have the right to refuse refund or exchange of product/services, however may offer a credit to the same value of other services offered if Action Sports Images considers it appropriate. The value of any credit available for future use by a customer shall be notified via email from Action Sports Images. The customer shall not be entitled to a refund of the purchase price due to a change of mind or other circumstances.
9. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Website contains links to outside services and resources, the availability and content of which Action Sports Images does not and cannot control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. No liability is accepted by Action Sports Images for another party's website or link.
This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site and the products, that your use of the site and products is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site and products, and that Action Sports Images shall not be liable for any damages of any kind related to your use of this site and products.
You agree to defend, indemnify and hold Action Sports Images harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of Action Sports Images or the products offered herein.
12. TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
All material on this Site, including but not limited to images and illustrations, is protected by copyrights that are owned and controlled by Action Sports Images or by other parties that have licensed their material to Action Sports Images ("Material"). Material from the Site or any Web site owned, operated, licensed, or controlled by Action Sports Images may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Specifically, you may not link directly to Action Sports Images's Photoshop, flash, compressed files, .jpg or .gif files and or Java script provided by Action Sports Images (or any third party provider), and you should not attempt to "pass off" any of the Material as your own work. Modification of the Materials or use of the Materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms and Conditions, the use of any such material on any other Web site or networked computer environment is prohibited. In the event that the intellectual property and copyright of any third party provider is infringed and/or comes to the notice of Action Sports Images it shall be disclosed to the third party provider.
The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Action Sports Images and other parties. Copyright remains with the owners. Users are prohibited from using any Marks without the written permission of Action Sports Images or such third party that may own the Marks.
13. GOVERNING LAW/JURISDICTION
Unless otherwise specified, this Website and the contents thereof are displayed for the purpose of promoting Action Sports Images products and services available in Australia and its Territories.
This Agreement shall be construed in accordance with the laws of the State of New South Wales, Australia, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be mediated and resolved exclusively by the Court of the State of New South Wales and Federal Courts of Australia. Both parties agree to submit to the non-exclusive jurisdiction of the Courts in the State of New South Wales, Australia.
14. CREDIT CARD PAYMENTS
All payments will be made by accepted credit cards as displayed on the website. All requests for credit card authorisation are made through 128 bit encrypted SSL servers. An entry will appear on your credit card statement showing a debit to Aaronlee Estates Pty Ltd AU. Upon receipt of authorisation that your payment has been accepted and approved your download will be authorized and permitted. All payments will be processed in Australian Dollar (AUD) amounts. If payments are made in currencies, other than Australian Dollars, your credit card will be debited based on conversion of the specified currency exchange rate that may exist and be varied from time to time. If you are purchasing a template and are an Australian Resident, within Australia or its Territories, Goods and Services Tax (GST) will be payable, in addition to the purchase price of the products or services, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth). All invoices will specify the amount of GST paid.
This Agreement is effective unless and until terminated by either you or Action Sports Images. You may terminate this Agreement at any time by notice in writing. Action Sports Images also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Action Sports Images's sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Action Sports Images, you must promptly destroy all non-licensed materials and/or instructions in electronic or hard copy format downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
This Agreement will terminate immediately and without notice from Action Sports Images if in Action Sports Images's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, you are no longer authorized to access the Bulletin Boards, and the restrictions imposed on you with respect to Materials downloaded from the Bulletin Boards and the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
Whenever you visit our site, our servers automatically record information about your usage of the Network such as the time of the visit, its duration and the pages which you visit. This is intended to help us to understand what parts of our Network our users enjoy the most, and to help us to ensure that any advertising is most directly relevant to your interests. The information we collect about you remains anonymous, and we do not link it to any other personal information. When you first register with Action Sports Images we collect information from you directly and also from time to time thereafter if you provide us additional information.
Action Sports Images only collects information from your use of our Network. We do not collect information about you from other organizations or from websites outside the Network that you may visit.
Surveys show that most internet users are concerned about their privacy, want to keep control of their personal information, and do not trust many of the web sites which they visit. In fact, research shows around a third of internet users give false information online rather than saying who they really are.
Action Sports Images will not use or disclose any information about you without your consent, or access your communications on our websites, unless:
� Required by law.
� We believe it necessary to provide you with a service which you have requested.
� To protect the rights or property of Action Sports Images, any Action Sports Images user, or any member of the public.
Action Sports Images and its affiliates recognise the trust you place in us when you give us personal information. In order to operate the website or deliver a service you have requested we may sometimes share your personal information with an affiliate or with a service.
We will not give any of your personal information to advertisers or any other organisation without your express consent. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's website.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the matters contained herein.
Action Sports Images may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.