Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our domains and related subdomains (collectively, “Websites”), as owned and operated by Kerry Baker and Kerry Baker Photography.

The last update to our Terms of Service was posted on 2nd March 2020.

General Terms of Service

We refer to our Terms of Service and our Privacy Policy collectively as our “Legal Terms.”  You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Websites.  Unless otherwise specified herein, our Legal Terms supersede all other agreements, representations, warranties and understandings with respect to our Websites and any Products you may purchase through them.  You should review our Legal Terms prior to using our Websites or purchasing any Products through them.  By your use of our Websites or by purchasing any Products through them, you legally agree to comply with and be bound by our Legal Terms.

We may amend our Legal Terms at any time without specific notice to you.  The latest version will be posted on our Websites and will be effective as of the date last updated.  After any revisions to our Legal Terms are posted, you agree to be bound to any changes made. You should periodically review our Legal Terms and if you do not accept our Legal Terms, you should discontinue your access to our Websites and not purchase any Products through them.

Definitions

The terms, “us” or “we” or “our” refers to Kerry Baker and Kerry Baker Photography, the owner of the Websites. A “Visitor” is someone who merely browses our Websites.

All text, information, graphics, audio, video, and data offered through our Websites, whether free to all or part of any paid features, are collectively known as our “Content”. 

Digital Signature

Our Legal Terms are governed by the Australian Digital Signature Law.  As such, your use of our Websites and Product do not require physical signature of our Legal Terms to be legal binding upon you.  You understand that you waive any rights to signature-based defences.

Our Intellectual Property

You understand and agree that our Websites and related technologies are protected by international copyright laws and as such, you will not attempt to reverse engineer or otherwise copy our Websites and related technologies other than is necessary for its intended use.  Any violation of this provision is grounds for subjecting you to civil and criminal action under current international copyright laws.  You understand and agree that Kerry Baker and Kerry Baker Photography and other Product and company names mentioned on our Websites may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any Product or service in any manner which violates international trademark law.

General Content Disclaimer

The opinions expressed on our Websites are strictly those of the person who gave them and are no way endorsed or otherwise supported by Kerry Baker and Kerry Baker Photography, other than that they appear on our Websites. You understand and agree that you rely upon any content found on our Websites solely at your own risk. 

Our Websites’ Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.

General Liability Disclaimer

Any information or content provided by Kerry Baker and Kerry Baker Photography, are merely for educational and informational purposes only. It is not intended as a substitute for professional advice. You assume full responsibility for how you choose to use this information. This information is made available to you on an “as is” and “as available” basis. Before relying on any of the supplied information, readers should obtain appropriate professional advice.

Should you decide to act upon any information from Kerry Baker and Kerry Baker Photography, you do so at your own risk. Kerry Baker and Kerry Baker Photography will not be held liable for any injuries, losses or damages in connection with the use of any information or content provided to you.

Kerry Baker and Kerry Baker Photography is not responsible or liable in any manner for any content on our Websites, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Websites or caused by users of the Websites, or in connection with third parties or by any of the equipment or programming associated with or utilised in our Websites.  Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Websites.  Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Websites.  Kerry Baker and Kerry Baker Photography is not responsible for the conduct, whether online or offline, of any user of the Websites.

Our websites may be temporarily unavailable from time to time for maintenance or other reasons.  Kerry Baker and Kerry Baker Photography assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications in your use of our Websites.  Kerry Baker and Kerry Baker Photography is not responsible for any technical malfunction in your use of our Websites, including, but not limited to, problems with using the Websites, loss of personal content on our Websites, and lost or undeliverable email.  Under no circumstances will Kerry Baker and Kerry Baker Photography be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Websites, or any interactions between users of our Websites, whether online or offline.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  KERRY BAKER AND KERRY BAKER PHOTOGRAPHY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE AS FOUND ON OUR WEBSITES.   KERRY BAKER AND KERRY BAKER PHOTOGRAPHY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITES AND ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM.  KERRY BAKER AND KERRY BAKER PHOTOGRAPHY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS FOUND ON OUR WEBSITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SERVICE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SERVICE TO DETECT AND DISINFECT VIRUSES.  ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SERVICE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH OUR WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

KERRY BAKER AND KERRY BAKER PHOTOGRAPHY AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.  OUR WEBSITES, ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

IN NO EVENT WILL KERRY BAKER AND KERRY BAKER PHOTOGRAPHY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITES, ANY PRODUCTS YOU MAY PURCHASE THROUGH THEM, CONTENT, OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITES, EVEN IF KERRY BAKER AND KERRY BAKER PHOTOGRAPHY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KERRY BAKER AND KERRY BAKER PHOTOGRAPHY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KERRY BAKER AND KERRY BAKER PHOTOGRAPHY FOR THE PURCHASE GIVING RISE TO LIABILITY.

Waiver of Liability for Links to Other Websites

Our Websites may contain links to other websites.  You understand and agree that Kerry Baker and Kerry Baker Photography has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content.  These websites will have their own legal terms to which you must agree to use them.   As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk.  You understand and agree that Kerry Baker and Kerry Baker Photography is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Websites.

Monitoring and Removal of Information

You understand and agree that Kerry Baker and Kerry Baker Photography reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines.  We also reserve the right to monitor all messages and chats that take place through our Websites.  You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by Customers of our Websites.  You understand and agree that Kerry Baker and Kerry Baker Photography is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current Customers, unauthorised users, hackers, etc.  Furthermore, you also understand and agree that Kerry Baker and Kerry Baker Photography is not responsible for the use of any personal information that a Member may choose to post on our Websites.  However, you understand and agree that Kerry Baker and Kerry Baker Photography reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.

Promotional Lists and Newsletters

You understand and agree that by using our Websites, your name may be placed on promotional lists to receive emails regarding our Websites and any Products offered through them, news from our affiliates, and the Kerry Baker and Kerry Baker Photography newsletter.  If at any time you no longer wish to receive such emails, please send email to info@kerrybakerphotography.com.au to unsubscribe.

Advertisers, User Contributions, Testimonials and Opinions

You understand that our Websites and any emails you receive from Kerry Baker and Kerry Baker Photography or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, Customer, other users of our Websites, manufacturers or providers, and other industry professionals.  You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Websites.  Furthermore, you understand and agree that Kerry Baker and Kerry Baker Photography is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.

Rules of Conduct While Using Our Websites

All users of our Websites understand and agree to the following rules of conduct while using our Websites:

  1. You agree to use our Websites, their Content, and Products and solely for its intended purposes only.
  2. You agree to abide by our Legal Terms.
  3. You agree to not use our Websites or any content obtained from them to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
  4. You agree to not use automated scripts to collect information from or otherwise interact with our Websites.
  5. You agree to not harvest or collect email addresses or other contact information from users of our Websites for the purposes of sending unsolicited emails or other unsolicited communications.
  6. You agree to not upload, post, or otherwise transmit any content to our Kerry Baker and Kerry Baker Photography, our Websites, our affiliates, and Customers:
    1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
    2. That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
    3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    4. That interferes with or disrupts the Kerry Baker and Kerry Baker Photography servers or networks.
    5. That intentionally or unintentionally violates any applicable local, state, national or international law.
    6. That collects, displays, or stores personal data about other users or third parties, through programmatic or any other means, including, but not limited to, addresses, phone numbers, email addresses, identification or tax numbers, and credit card numbers.
    7. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals.  This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
    8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
    9. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Websites, or which may expose Kerry Baker and Kerry Baker Photography and its users to any harm or liability.
  7. For Customers, you agree that while we do not claim ownership in any of your content, when you post content to our Websites or through email to us, you authorize and direct us to use and make such copies thereof as we deem necessary in order to facilitate services.  Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to Kerry Baker and Kerry Baker Photography an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Websites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorise sub-licenses of the foregoing.
  8. For Customers, you agree that your interaction with our Websites or purchase of Products through them, in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Kerry Baker and Kerry Baker Photography and you.
  9. For Customers, you agree to provide us with a current email address that you have access to and actively monitor.

Indemnification

You agree to indemnify Kerry Baker and Kerry Baker Photography and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, Product providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Websites and any Products you purchase through them.

Release of Personal Information

As stated in our Privacy Policy, Kerry Baker and Kerry Baker Photography is committed to your privacy and will not share your personal information with anyone.  However, you understand and agree that Kerry Baker and Kerry Baker Photography may release user information about you if required by law or subpoena, or if such release of the information is necessary to address unlawful or harmful activity.

Communications

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Kerry Baker and Kerry Baker Photography on or by our Websites or otherwise disclosed, submitted or offered in connection with your use of our Websites, including, without limitation, completing online forms or surveys, public postings, or emails sent to us by you (collectively, “Communication”) shall be and remain the property of Kerry Baker and Kerry Baker Photography. Kerry Baker and Kerry Baker Photography is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication.  You agree that no Communication submitted by you to our Websites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Communication submitted by you to our Websites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Websites. You agree that Kerry Baker and Kerry Baker Photography may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Websites, our Products or services, or for such other purposes as Kerry Baker and Kerry Baker Photography deems appropriate.

General Information

Use of our Websites is unauthorised in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Kerry Baker and Kerry Baker Photography has endeavoured to comply with all legal requirements known to it in creating and maintaining our Websites but makes no representation that materials on our Websites are appropriate or available for use in any particular jurisdiction. Use of our Websites is unauthorized in any jurisdiction where all or any portion of our Websites may violate any legal requirements and you agree not to access our Websites in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.  Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Kerry Baker and Kerry Baker Photography in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Websites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Kerry Baker and Kerry Baker Photography in printed form.