BridgeClimb Sydney photos

Terms and Conditions

Last updated March 2, 2011

Introduction

Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Kodak (Australasia), a Kodak Company (“Kodak”), in cooperation with Feliz Puente PTY LTD (“BridgeClimb Sydney”), through the BridgeClimb Sydney photos web site (the “Photo Site”) found at http://www.bridgeclimbphotos.com (the "Service"). This Photo Site is separate and distinct from the http://www.bridgeclimb.com web site, which provides different services and products and therefore such site has a different privacy policy and different terms of use. Please refer to the privacy policy and terms of use for such site when using such site or for information on visiting Feliz Puente PTY LTD.

By using this Service you agree to be bound by these Terms. Kodak and BridgeClimb Sydney reserve the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement among you, BridgeClimb Sydney and Kodak with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Service. If you do not wish to be bound by these Terms, please do not use the Service.

The Service, the Photo Site and Kodak are based in the United States and, as such, the laws of the United States and of the State of New York govern your relationship with Kodak and BridgeClimb Sydney regarding the use of this Service.

Purpose of the Service

Kodak and BridgeClimb Sydney offer digital photography services that provide the ability to view, share and place orders of the digital images taken at BridgeClimb Sydney or other personal photos uploaded by you to the Photo Site(if this option is offered).

Accuracy, Completeness and Timeliness of the Information

Regardless of any information presented on the Photo Site, Kodak and BridgeClimb Sydney reserve the right without prior notice to discontinue the Service or change specifications at any time, without incurring any obligations. The Photo Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Although Kodak and BridgeClimb Sydney make reasonable efforts to ensure that all material on the Photo Site is correct, accuracy and integrity cannot be guaranteed, and Kodak and BridgeClimb Sydney do not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Photo Site.

Availability

Kodak uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by Kodak to minimize such disruption where it is within the reasonable control of Kodak. You agree that Kodak and BridgeClimb Sydney shall not be liable to you for any modification, suspension or discontinuance of the Service.

Privacy

Please click on the “Privacy Policy” link at the bottom of this page to review the Privacy Policy (the “Privacy Policy”) provided on the Photo Site by BridgeClimb Sydney.

Trademarks

All brand, product and service names used in this Service which identify Kodak, Eastman Kodak Company or its subsidiaries (“Kodak”), BridgeClimb Sydney or third parties and their products and services are proprietary marks of Kodak, Kodak, BridgeClimb Sydney and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Kodak, Kodak, BridgeClimb Sydney or any third party with respect to any such image, logo or name.

Kodak is, unless otherwise stated, the owner of all copyright and database rights in the Service. BridgeClimb Sydney, unless stated otherwise, is the content owner of any photographic material contained on this Photo Site. You may not publish, distribute, extract, re-utilize or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).

Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the “Contact Us” link at the bottom of the page

The notification must include ALL of the following:

a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
a description of the copyrighted work you claim has been infringed;
a description of where the material you claim is infringing is located on the Photo Site;
your name, address, telephone number, email address and all other information reasonably sufficient to permit Kodak and BridgeClimb Sydney to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Kodak and BridgeClimb Sydney are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Photo Site, including material you provide to us, and so we have an absolute right to remove any material from the Photo Site in our sole discretion at any time.

Registration

To purchase from or register as a member of the Service you must be 18 years of age or over.

You agree that the information that you provide to Kodak on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which Kodak will communicate with you about your account and your orders.

Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Kodak immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Kodak reserves the right to require you to alter your password if Kodak believes that your password is no longer secure.

Storage Policy and Photo Availability

Photos taken at BridgeClimb Sydney and uploaded by Kodak or BridgeClimb Sydney to the Photo Site should be available online by the morning after the photos were taken. The photos must be claimed within 30 days from when they were taken. Photos not claimed within 60 days will no longer be available. If offered, you may also upload your personal photos to the Photo Site.

Once photos are claimed and associated with a user account or uploaded by you to the Photo Site, they will be available for viewing, sharing and purchasing for 60 days, after which the photos will be permanently deleted. Kodak and BridgeClimb Sydney reserve the right to not upload data of any type that might be deemed offensive. Kodak and BridgeClimb Sydney are not responsible for lost or missing photos.

Formation of a Binding Contract

When placing your order, Kodak will obtain authorization from your credit card company for the amount of your order. No contract will exist between you and Kodak for the supply of any services or products unless and until Kodak accepts your order. Acceptance of your order shall take place when your credit card is charged which will occur upon placement of your order. Until then Kodak reserves its right to cancel your order.

Product Availability

Receipt of your order does not guarantee that Kodak can supply the selected products to you. All the products on the Photo Site are subject to availability and Kodak must therefore reserve the right to (a)limit quantities of products it supplies, (b) supply only part of an order or to divide up orders, or (c) alter the availability and duration of, and to terminate at any time, any special offers.

Photo Products

Photo products, including items such as coffee mugs and mouse pads, may be available through the Photo Site. The ability to purchase photo products is identified on the Photo Site if available, along with the specific photo products that can be purchased.

Custom content available through the Photo Site in the form of image borders and overlays may not be included when creating a photo product.

Photo Downloads

Photo download purchases may be available through the Photo Site. The ability to purchase a download is identified on the Photo Site if available.

Photo downloads include all original images uploaded by Kodak or BridgeClimb Sydney to the Photo Site that have been claimed by you where the images have not already been deleted by you and have not already expired at the time of the download purchase. Custom content available through the Photo Site, including but not limited to, image borders, overlays and greeting card designs, may be available as part of a download purchase.

After a download is purchased, a download link will be provided to you via email. You may initiate the image download an unlimited number of times via the provided link for 30 days after which time the download link will automatically expire. A text file explaining your limited rights to the images will be provided with the images when they are downloaded.

Pricing and Delivery

All prices are stated in U.S. dollars and are valid until altered by Kodak. Links may be available from time to time on the Photo Site for special offers for selected products. Prices do not include delivery charges, import duties, or value added taxes that may be added by the order destination country. Any applicable shipping and handling charges and/or US sales tax will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, Kodak will contact you to let you know the correct price and ask you whether you still wish Kodak to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

Return Policy

If for any reason, you are not satisfied with any print or photo product you purchase, simply return it within 30 days of purchase and Kodak will either reprint the original print or photo product at no cost to you or refund the original purchase price. Please click on the “Help” link at the bottom of this page for information regarding returns and refunds. Kodak will refund your credit card or reprint your original print or photo product when your return is received.

Photo download purchases are not refundable.

Sharing of Photos Through the Photo Site

You are responsible for naming the persons to share your photos. To share your photos online, you must provide a valid e-mail address for each recipient. Neither Kodak nor BridgeClimb Sydney are responsible for undeliverable e-mail addresses. Kodak reserves the right to filter text content of the share e-mail subject line and message.

Recipients of share emails will be able to purchase prints of any or all photos included in your account. Recipients are not required to register prior to viewing your pictures.

When you delete a shared photo, it is deleted from all recipient accounts. Recipients can delete their copy of a photo which will only remove it from their account.

Conduct

You agree not to use the Service:

for any unlawful purposes;
to upload, post, email or otherwise transmit or communicate any material that (i) is false, fraudulent, obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, invasive of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable, or (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law;
to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Kodak, Kodak and BridgeClimb Sydney;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
to upload, post, email or otherwise transmit any material which is likely to cause harm to Kodak’s or BridgeClimb Sydney’s or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
to make images hosted by Kodak available for viewing by the general public through a publicly posted link to the image or otherwise;
for any commercial purpose other than to permit a recipient with whom you have shared your images to order photographic prints of those images;
to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials,spam, chain letters, pyramid schemes, or any other form of solicitation;
to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

You further agree that you shall not:

interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
provide any information to Kodak that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
resell the Service or any portion of the Service.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Photo Site. You agree to indemnify, defend and hold harmless Kodak and BridgeClimb Sydney, and their respective parent companies, subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of your use, misuse, or inability to use the Photo Site, the Service, or the content, or any violation by you of these Terms. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption

Customer Feedback

Kodak and BridgeClimb Sydney do not want to receive confidential or proprietary information from you via the Photo Site. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to Kodak or BridgeClimb Sydney in connection with the operation or content of this Photo Site shall be considered non-confidential and non-proprietary.

You understand and agree that Kodak or BridgeClimb Sydney or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for Kodak or BridgeClimb Sydney or their respective suppliers to obtain, maintain, or exercise its ownership rights.

Termination of Membership

Kodak and BridgeClimb Sydney reserve the right in their sole discretion to terminate your use of the Photo Site and your membership if you violate any of these Terms or if your account has been inactive for more than one year.

Applicable Law and Jurisdiction

The Service, the Photo Site and Kodak are based in the United States and, as such, this Service has been designed to comply with the laws of the State of New York. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY Kodak AND BRIDGCLIMB SYDNEY ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. Kodak AND BRIDGCLIMB SYDNEY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.

YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. IN THE EVENT OF ANY MISTAKE BY Kodak, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, Kodak WILL REPLACE AND Kodak AND BRIDGCLIMB SYDNEY WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN POLICY STATED IN THESE TERMS.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Kodak AND BRIDGCLIMB SYDNEY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE PHOTO SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF Kodak OR BRIDGCLIMB SYDNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

Kodak's and/or BridgeClimb Sydney’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

Circumstances Beyond our Reasonable Control

Kodak and BridgeClimb Sydney are not liable for delays in performance caused by circumstances beyond their reasonable control and will be entitled to an extension of time for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If such circumstances continue for more than 1 month, either party may terminate a contract for the purchase of products without compensation.

Miscellaneous

The title and risk of loss for print or photo products purchased by you through the Service passes to you upon our delivery of such products to the carrier for shipment to you. Kodak may assign its rights and responsibilities hereunder without notice to you. Kodak reserves the specific right to transfer the running of the Service to a third party. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

How to Contact Us

If you have any comments or questions about these Terms and Conditions or the Service please contact us using the "Contact Us" link at the bottom of this page.