User Agreement

This website is provided subject to your agreement with this User Agreement, which may be modified or supplemented at any time. Your use of this website will indicate your agreement to be bound by this User Agreement as it exists at the time of your use.

This website is provided in part by Hallmark Photography and based upon software and other intellectual property licensed by Hallmark Photography. Hallmark Photography is professional photography company that provides users a platform to book photographers, exhibiting and selling photographs. As used in this Agreement, “you” and “your” will refer to anyone accessing or visiting the website, and “Photographer” refers to the individual or company who has a subscription with Hallmark Photography to use this website to upload and/or sell photographs or products. In the event of any conflict between this User Agreement and any statement, understanding or agreement between you and Photographer, this User Agreement controls.

Intellectual Property Rights in Purchased Products

Products purchased through this website are purchased subject to the terms set forth by Photographer in a separate license agreement, and the acquisition of a copy of a product does not itself convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or otherwise exploited in any manner without the prior written consent of Photographer. All license agreements are entered into by you and Photographer at your own risk, and Hallmark Photography provides no warranties and bears no responsibility for the correctness or appropriateness of any such license agreement.

Copyrighted Materials

Photographers and/or their clients retain their full rights to any content they upload to this website, including, but not limited to, images, videos, biographies and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this website, is the property of Hallmark Photography or its licensors or suppliers, and no portion of such other content may be reprinted, republished, modified, or distributed in any form without the express written permission of Hallmark Photography.

Privacy Policy

This privacy policy will explain the kind of information that may be collected about you and how it may be used. By accessing and using the website, you agree to this privacy policy.

Information Collected from You and How It Is Used

If you order products via the website, your name, address and email address may be collected. Hallmark Photography may also collect IP address information and non-personal information such as operating system, browser software, Internet domain and host names, and activity on the website. Additionally, Hallmark Photography contracts with third party service providers who provide analytic tools and reporting technologies that may collect certain non-personal information via cookies, web beacons, or other types of tracking pixels. Hallmark Photography uses such information to optimize the website, to process orders, and to protect against potentially fraudulent transactions. Under no circumstances does Hallmark Photography rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. Hallmark Photography may disclose the personal and non-personal information to any successor-in-interest of its business. Hallmark Photography may need to disclose your personal information when required by law or when it has a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.

Cookies

Like almost all e-commerce web sites, this website use “cookies.” Cookies are bits of information that are stored on your computer by your web browser. Although the cookies don’t store any of your personal information, they do allow this website to provide you with a more personalized user experience, to track your use of the website, to analyze website activity and to allow you to login and begin use of the website automatically when you visit.

Whether you want your web browser to accept cookies or not is up to you. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. If you haven’t changed your computer’s settings, most likely your browser already accepts cookies. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings. However, because cookies allow you to take advantage of some of features and services, it is recommended that you leave them turned on. For instance, if you block cookies, you will not be able to add items to your cart, proceed to checkout, or use any services that require you to sign in.

How Your Information Is Protected

This website uses standard industry security practices to protect your personal information including Secure Socket Layer (SSL) transmission technology for all sensitive information exchanges. This technology encrypts information you send us to avoid it being intercepted before reaching Hallmark Photography’s secure HTTPS servers.

Hallmark Photography follows generally accepted industry standards to protect the personal information submitted to it from unauthorized access or disclosure, both during transmission and once Hallmark Photography receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Hallmark Photography strives to use commercially acceptable means to protect your personal information, absolute security cannot be guaranteed. Hallmark Photography assumes no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.

Data Transfer and Storage

Hallmark Photography is a Queensland corporation operated from within Australia. Accordingly, information collected by Hallmark Photography will be stored in Australia/ the United States. If you are accessing the Website from outside of Australia, you acknowledge and agree that your information will be received by or transferred to servers located within Australia and processed by Hallmark Photography and its third party service providers.

Opting Out of Certain Communications

If you are no longer interested in receiving e-mail announcements and other marketing information from Hallmark Photography, please e-mail your request to mail@hallmarkphotography.com.au. Please include your complete name, e-mail address and mailing address. Note that you may still receive transaction-related communications from Hallmark Photography.

Changing Your Personal Information

You have a right to access the personal information held about you. You can obtain a copy of your personal information and request changes or deletion of your personal information and/or account by emailing Hallmark Photography at support@Hallmark Photography.com. For your protection, you may be required to provide proof of your identity before obtaining a copy of your personal information.

Resolution of Disputes

For purposes of any action or claim against Hallmark Photography, this agreement shall be governed by and construed in accordance with the laws of the State of Queensland, exclusive of its choice of law rules, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of Queensland and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you access or use the website from the European Union, for purposes of any action or claim against Hallmark Photography this Agreement shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this agreement. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.