About copyright
Copyright is the life blood of any artist. The granting of licences to use photographs is the basis for this business, Parnell Photos.
Image usage terms
All of the images on this website are copyright Robyn Parnell/parnellphotos.com unless otherwise credited. All rights are reserved. No usage or reproduction of any type may be made of any image taken by or copyright to Robyn Parnell without the express permission of Robyn Parnell.
Any usage is made under the following terms and conditions, and the use of any image, whether authorised or not, indicates a complete and unconditional acceptance of these terms and conditions.
- Definitions
For the purpose of this agreement the ‘Photographer’ is Robyn Parnell and the ‘Client’ refers to the Photographer’s client, which may be a person who purchased from the store linked to this website or a person who commissioned a specific photograph/s. - Copyright
All original negative/digital material remains the property of the Photographer. The Photographer retains the entire copyright in all the photographs created by the Photographer at all times throughout the world. No usage or reproduction of any type may be made of any image taken by or copyright to the Photographer without the express permission of the Photographer. - Ownership of Materials
Title to all Photographs remains the property of the Photographer. - Usage or Reproduction
The Client is granted a Licence enabling the Client to utilise the photograph/s for their private non-commercial use only. There are no limitations to the Client’s own non- commercial use.
The Photographer’s permission must be obtained by the Client before any use of the Photographs for other purposes. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. - Payment
All Sales are final. There are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees.
All published prices and sales are in Australian Currency. If you are purchasing from outside of Australia, the Photographer cannot be held responsible for any international or foreign transaction fees passed on by your credit card issuer. - Liability
To the maximum extent permitted by law, the Photographer will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the website or any photograph, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the website or any photograph whether based on contract, tort, strict liability or otherwise. Robyn Parnell’s liability to you in any circumstances will be limited to the amount you paid for the relevant Product. - Warranties
Warranties to the Client: The Photographer has the authority and possesses all of the necessary rights to enter into this Agreement and the Client’s use of any photograph in accordance with this Agreement will not infringe on any copyright of any third party.
The Client’s Warranties to the Photographer: The Client represents and warrants that they have attained the age of majority in their jurisdiction and have the full right and authority to enter into this Agreement. If they are entering into this Agreement on behalf of a company, employer, or any other person or entity, the Client warrants and represents that they have the authority to do so. If the client does not have such authority, the Client will be personally liable for any breach of this Agreement. - Governing Law
This Agreement and any dispute arising from or in relation to this Agreement will be governed by, construed, interpreted and enforced in accordance with the laws of South Australia for the purpose of all legal actions arising out of or relating to this Agreement. - Enforceability
If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force. - Entire Agreement
This Agreement (including the applicable terms of any license arising from and/or incorporated into this Agreement) constitutes the entire agreement between the Client and the Photographer pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in this Agreement. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with this Agreement are not applicable to the subject matter of this Agreement. - Assignment
This Agreement may not be assigned or transferred in whole or in part by you without the prior written consent of the Photographer.
