Copyright
All photographs and images that appear in these pages (www.photomart.com.au) and its related site (www.photoblocks.com.au) are the exclusive property of Brent Rasmussen and are protected Australian and international copyright laws.

All text and html code that appear on those sites are the exclusive property of PhotoMart Pty Ltd. Content MAY NOT BE DOWNLOADED except through the normal viewing process of the browser. Content may not be copied to another computer, transmitted, published, reproduced, stored, manipulated, projected, or altered in any way, including any digitization or synthesizing of the images alone or with any other material, by use of computer of other electronic means or any other method or mean now or hereafter known, without the written permission from PhotoMart Pty Ltd and payment of a fee or arrangement thereof.

No images are within the public domain. Use of any image as the basis for another photographic concept or illustration is a violation of its copyright.

In the event that an infringement is discovered you will be notified and invoiced TEN TIMES the industry standard because of unauthorized usage and/or prosecuted for copyright infringement Entrance to this site is expressly on these conditions that embody all of the understandings and obligations between the parties involved. ALL ENTRIES ARE LOGGED.


Terms of Membership
PhotoMart membership ("Membership") is available to you if you are at least 15 years of age and submit certain requested information to PhotoMart Pty Ltd, including your name and correct email address. When you become a Member, you must provide PhotoMart Pty Ltd with true, accurate, current, and complete information about yourself when such information is requested by the Service.

Member Conduct
PhotoMart Pty Ltd is committed to ensuring that the Service remains a fun and safe place to Process photographs. To that end, the Service allows Members to be creative with their "Content". Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that PhotoMart Pty Ltd believes:
a. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
b. Comprises copyrighted material used without the express permission of the owner;
c. Violates or otherwise encroaches on the rights of others including their right to privacy;
d. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
e. Advocates illegal activity;
f. Harms anyone, including minors; or,
g. Provides a link to any of the above;

PhotoMart Pty Ltd has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be rejected without notice.

All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. You may only upload Content where you have the consent of all persons pictured, including through your relationship with those persons.

Copyright
The Service is protected by Australian and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PhotoMart Pty Ltd, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "PhotoMart Pty Ltd AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, PhotoMart Pty Ltd WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Termination
PhotoMart Pty Ltd may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by PhotoMart Pty Ltd elsewhere within the Service, (ii) conduct PhotoMart Pty Ltd believes is harmful to the business of PhotoMart Pty Ltd, or PhotoMart Pty Ltd Affiliates,

Modification of Terms
PhotoMart Pty Ltd may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by PhotoMart Pty Ltd will be prospective only.

Entire Agreement
These Terms constitute the entire agreement between you and PhotoMart Pty Ltd governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use PhotoMart Pty Ltd Affiliate services, third-party Content, or third-party software.

The failure of PhotoMart Pty Ltd to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Reporting Violations
You can report abuse of these Terms to brent@photomart.com.au

PhotoMart Pty Ltd takes your privacy very seriously. This Privacy Policy describes exactly how PhotoMart Pty Ltd uses identifiable information regarding our customers, such as name, address, email address ("Customer Information"). Primarily, we collect such information for the purpose of providing you with an outstanding experience on the PhotoMart Pty Ltd Service. Except as specifically described in this Privacy Policy, PhotoMart Pty Ltd does not sell, rent or share such Customer Information with third parties.

By using our Service, you consent to the collection, use and disclosure of information in the manner described below. If we decide to change our privacy practice, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. Changes to our policy will be prospective only. Please check this page from time to time for changes to make sure you are aware of our latest privacy practices.

In this Privacy Policy, you will find the answers to the following questions:
• What Customer Information does PhotoMart Pty Ltd collect?
• How does PhotoMart Pty Ltd use Customer Information?
• With whom does PhotoMart Pty Ltd share Customer Information?
• Who sees your photos after they have been posted online?
• Does PhotoMart Pty Ltd use "IP Addresses" and cookies?
• What are the safeguards and security procedures in place to protect your information from loss, misuse, or alteration?
• How can you update or correct Customer Information?
• Other information about privacy
• What Customer Information does PhotoMart Pty Ltd collect?
Customer Information is requested whenever you choose to use PhotoMart Pty Ltd services. The type of Customer Information we request has to do specifically with the type of service you are using.

• How does PhotoMart Pty Ltd use Customer Information?
Our primary goal in collecting your Customer Information is to provide you with a personalised, relevant, user-friendly experience on the PhotoMart Pty Ltd site. Here are the ways we use Customer Information to enhance this experience:

Customer Communication: We use Customer Information to communicate with you and we consider this communication to be an integral part of the PhotoMart Pty Ltd service.

• With whom does PhotoMart Pty Ltd share Customer Information?
PhotoMart Pty Ltd shares Customer Information with third parties who help us run the PhotoMart Pty Ltd Service and Site. Your Customer Information is provided to these third parties solely for the purpose of providing you the services you request at the time that you request them. Third party intermediaries do not store, retain, access or otherwise use your Customer Information other than as necessary to provide you with the PhotoMart Pty Ltd service.

• Other than as described in the previous paragraphs, PhotoMart Pty Ltd will not sell, rent or otherwise share Customer Information with a third party without your knowledge and consent. If you do not want your Customer Information shared at that time you will always have the option of telling us not to share it.

The one exception to the rule described in this section is the following: if PhotoMart Pty Ltd is required by law (or to protect its rights or property), we will disclose Customer Information to the extent so required.

Who sees your photos after they have been posted online?

PhotoMart Pty Ltd employees or employees of partner companies that provide services to PhotoMart Pty Ltd may see your photos while they are processed or printed. In addition, your photos or personal account information may be seen by PhotoMart Pty Ltd employees in order to evaluate, validate, or correct problems with your account.

Does PhotoMart Pty Ltd use "IP Addresses" and cookies?
PhotoMart Pty Ltd uses IP Addresses and Cookies in limited ways, as follows:

IP Addresses: An IP address is literally your computer's address and is a unique identifier, allowing online information to be sent to the right place. We use IP addresses to better understand the customer database. We use your IP address to help diagnose problems with our server and to administer our Web site. Your IP address is also used to gather broad demographic information such as geographic distribution of our members. We do not intentionally link your IP address to your personally identifiable information.

PhotoMart Pty Ltd Cookies: Contrary to popular belief, cookies do not extract private or personal information from your computer's memory. The job of a cookie is to record only information you volunteer to us upon registering or visiting the site. Cookies are tiny files placed onto the hard drive of your computer the first time you visit our Web site that enable our server to recognise or "remember" who you are next time you come back. PhotoMart Pty Ltd cookies are not tied to personally identifiable information. For instance cookies may be used to retain your personal preferences, hold session information for a "shopping cart" or save your password so it doesn't have to be re-entered each time you log in.

Advice on Limiting Cookies: You always have a choice with respect to cookies. By modifying your browser preferences, you can accept all cookies, be notified when a cookie is set or reject all cookies. If you choose to reject all cookies, you may be unable to use certain PhotoMart Pty Ltd services. Please consult your browser instructions for information on how to modify your choices about cookies.

What are the safeguards and security procedures in place to protect your information from loss, misuse, or alteration?
Your Customer Information on our Service is password-protected. We strongly recommend that you do not give your password to anyone and that you change it every 3 months. You may edit your PhotoMart Pty Ltd account information by using your PhotoMart Pty Ltd member name and password.

If you are using a public computer (public library, school computer, etc.) or a shared computer (family computer, roommate's computer, etc.), we strongly recommend that you sign out of your PhotoMart Pty Ltd account and close your browser before getting up and moving away from the computer. This will prevent others from accessing your account and personal information. Please note that because our company is particularly sensitive to protecting information about children on the Internet, kids under 15 are not eligible to be members of PhotoMart Pty Ltd. However, we encourage parents to use our service as a family activity with their children and to carefully monitor any Internet activities (including use of the PhotoMart Pty Ltd services) engaged in by their kids. In addition, we limit access of Customer Information to only those employees who need it to carry out their jobs.

PhotoMart Pty Ltd will never ask you for your password in an unsolicited phone call or in an unsolicited email.
You will only be asked for your member name and password when you initiate the contact and only if the member name and password are necessary to correct a service problem.

Links from the PhotoMart Pty Ltd Site:If you click away from PhotoMart Pty Ltd to visit the site of any third party advertiser or sponsor, you may be asked for your credit card or other personal information in order to purchase or use products and services offered. These companies have their own privacy and data collection practices. As described above, PhotoMart Pty Ltd has no responsibility or liability for these independent policies. You should therefore review their privacy policies carefully if you have concerns about how your information may be used.

Notification of Change: If we are going to use your personally identifiable information in a manner that is materially different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our web site notifying users of the change. In some cases where we post the notice, we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Contacting PhotoMart Pty Ltd:If you have any questions about our Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact us at: brent@photomart.com.au