BridgeClimb Sydney photos
Last updated Feb 5, 2019
Please read these terms and conditions (the
"Terms") carefully as they contain the legal terms and conditions
that you agree to when you use the Service (as defined below) provided to you
by Kodak Alaris Inc. (“KODAK ALARIS”), in cooperation with Feliz Puente PTY LTD
(“BridgeClimb Sydney”), through the BridgeClimb Sydney photos web site found at
http://www.bridgeclimbphotos.com (the "Photo Site"). This Photo Site
is separate and distinct from the http://www.bridgeclimb.com web site, which
provides different services and products.
Therefore, the use of the http://www.bridgeclimb.com web site is
site when using that site or to obtain information on visiting Feliz Puente PTY LTD.
By using this Service, you agree to be bound by these Terms.
KODAK ALARIS 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 ALARIS 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.
1. Purpose of the
KODAK ALARIS and BridgeClimb Sydney offer digital photography
services that provide the ability to access and use the Site to view, share,
download and place orders of the digital images taken at BridgeClimb Sydney
Completeness and Timeliness of the Information
Regardless of any information presented on the Photo Site,
KODAK ALARIS and BridgeClimb Sydney reserve the right without prior notice to
discontinue the Service, 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, complete or timely
sources of information. Although KODAK ALARIS 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 ALARIS and BridgeClimb
Sydney do not assume any responsibility or obligation for the accuracy,
completeness or authenticity of material on the Photo Site.
KODAK ALARIS 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 ALARIS to minimize
such disruption where it is within the reasonable control of KODAK ALARIS. You
agree that KODAK ALARIS and BridgeClimb Sydney shall not be liable to you for
any modification, suspension or discontinuance of the Service.
You are prohibited from using any of the marks or logos
appearing throughout the Photo Site without permission from the trademark
owner, except as permitted by applicable law.
KODAK ALARIS is, unless otherwise stated, the owner of all
copyright and database rights in the Service. BridgeClimb Sydney, unless stated
otherwise, is the 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).
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. a physical or
electronic signature of the copyright owner or the person authorized to act on
the owner’s behalf;
b. a description
of the copyrighted work you claim has been infringed;
c. a description
of where the material you claim is infringing is located on the Photo Site;
d. your name,
address, telephone number, email address and all other information reasonably
sufficient to permit KODAK ALARIS and BridgeClimb Sydney to contact you;
e. 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
f. 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 ALARIS 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.
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 ALARIS 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 ALARIS will communicate with you about your account and your
When you register as a member you will be asked to provide a
password. You are responsible for all activities that occur under your username
or password. Thus, you should keep your username and password confidential. You
must notify KODAK ALARIS immediately of any unauthorized use of your password
or if you believe that your password is no longer confidential. KODAK ALARIS
reserves the right to require you to alter your password if KODAK ALARIS
believes that your password is no longer secure.
10. Storage Policy
and Photo Availability
Photos taken at Venue Name and uploaded by KODAK ALARIS or
Venue Name to the Photo Site should be available online the morning after the
day the photos were taken. The photos must be claimed within thirty (30) days
from the date they were taken. Photos not claimed within thirty (30) days will
no longer be available to be viewed or claimed.
Once photos are claimed and associated with a user account,
they will be available for viewing, sharing, downloading and purchasing for
thirty (30) days, after which the photos will be permanently deleted. KODAK
ALARIS and BridgeClimb Sydney reserve the right to not upload content of any
type that, in KODAK ALARIS’s sole discretion, might be deemed offensive. KODAK
ALARIS and BridgeClimb Sydney are not responsible for lost or missing photos.
11. Formation of a
When placing your order, KODAK ALARIS will obtain
authorization from your credit card company for the amount of your order. No
contract will exist between you and KODAK ALARIS for the supply of any services
or products unless and until KODAK ALARIS 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 your credit card is charged, KODAK ALARIS
reserves its right to cancel your order.
Receipt of your order does not guarantee that KODAK ALARIS
can supply the selected products to you. All the products on the Photo Site are
subject to availability and KODAK ALARIS 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.
13. Photo Downloads
Photo download purchases may be made available through the
Photo Site. Whether or not the Photo
Site offers the ability to purchase a photo download will be identified on the
Photo Site. Photo downloads include all
images uploaded by KODAK ALARIS 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 and overlays, may be
available as part of a download purchase.
After a download of all your images 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 thirty (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
You may also download individual images directly to your
mobile device or computer.
14. Pricing and
All prices are stated in U.S. dollars and are valid until
altered by KODAK ALARIS. 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 U.S.
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 ALARIS will contact you to let you know the correct price and ask you
whether you still wish KODAK ALARIS to fulfill your order at the correct price.
Any dates specified for delivery of any products are intended to be an estimate
15. Return Policy
If for any reason, you are not satisfied with any print or
photo product you purchase, simply return it within thirty (30) days from date
of purchase and KODAK ALARIS 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 ALARIS will issue a refund to your credit card or reprint
your original print or photo product when your return is received.
Photo download purchases are not refundable.
16. Sharing and
Social Network Posting 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 ALARIS
nor BridgeClimb Sydney is responsible for undeliverable e-mail addresses. KODAK
ALARIS reserves the right to filter the text content of the share e-mail
subject line and message. 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.
Posting of photos to social networks, including but not
limited to FACEBOOK, may be available through the Photo Site. The ability to post photos will be identified
on the Photo Site, if available, along with the applicable social network
17. External Links
From time to time KODAK ALARIS may provide links that will
take you to third party web sites. These links are provided for your
convenience. If you decide to access linked web sites, you do so at your own
risk. Neither KODAK ALARIS nor BridgeClimb Sydney endorses or takes
responsibility for the content on other web sites or the availability of other
web sites and you agree that neither KODAK ALARIS nor BridgeClimb Sydney is
liable for any loss or damage that you may suffer by using other web sites.
These terms do not govern your use of a third-party web site and different
terms and conditions will apply to your use of any linked sites.
18. User Conduct
You agree to use the Photo Site only for lawful
purposes. You agree not to take any
action that might compromise the security of the Photo Site, render the Photo
Site inaccessible to others or otherwise cause damage to the Photo Site. You agree not to use the Photo Site in any
manner that might interfere with the rights of third parties.
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 ALARIS 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.
KODAK ALARIS 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 ALARIS 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 ALARIS 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 ALARIS or
BridgeClimb Sydney or their respective suppliers to obtain, maintain, or
exercise its ownership rights.
21. Termination of
KODAK ALARIS 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.
22. Applicable Law
The Service, the Photo Site and KODAK ALARIS 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.
23. Disclaimer of
Warranty and Limitation of Liability
THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED
PRODUCTS AND SERVICES ARE PROVIDED BY KODAK ALARIS AND BridgeClimb Sydney ON AN
"AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. KODAK
ALARIS AND BridgeClimb 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 ALARIS, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE
PRODUCT, KODAK ALARIS WILL REPLACE AND KODAK ALARIS AND BridgeClimb 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 ALARIS AND BridgeClimb 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 ALARIS OR BridgeClimb 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.
Beyond our Reasonable Control
KODAK ALARIS 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 one month, either party may terminate a contract for the
purchase of products without compensation.
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 ALARIS may assign its rights
and responsibilities hereunder without notice to you. KODAK ALARIS reserves the
specific right to transfer the running of the Service to a third party. KODAK
ALARIS'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 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.
26. How to Contact
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.
© Copyright 2015-2018 Kodak Alaris Inc. All Rights Reserved.
Feliz Puente PTY LTD. All Rights Reserved.