Online Design Viewing Agreement
Copyright protection is important to us so it is essential that you read and understand the following conditions.
Each design supplied "FOR VIEWING" by Longina Phillips Designs Pty. Ltd. is owned by Longina Phillips Designs Pty. Ltd. If you use these designs in breach of any of the following conditions, you will be in breach of this "On Line Design Viewing Agreement" You will be infringing our copyright of these designs and we will take action against you to protect our rights.
CONDITIONS FOR VIEWING DESIGNS ONLINE:
- By using the Site, you represent and warrant that you are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify LPD for violations of these Site Terms.
- Ownership of the Site and its Contents
The Site is owned by LPD. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, graphic designs, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof (LPD Content), is owned by LPD, its licensors or its third-party partners. All elements of the Site, including the LPD Content, are protected by copyright, design rights, moral rights, trade mark and other laws relating to the protection of intellectual property.
- Use of the Site
The Site and the LPD Content are intended for customers and potential customers of LPD solely for the purpose of making a decision as to whether you wish to obtain a licence to use or purchase LPD Content and may only be shown to you, your employees and consultants for that purpose.
- Confidential Designs
The LPD Content, in particular the graphic designs (the Designs) are confidential. This means you must:
- maintain and take all steps necessary to maintain the Designs in the strictest of confidence;
- not disclose or make available the Designs to any third party other than consultants engaged by you provided those consultants agree to keep the Designs confidential;
- view the Designs in a secure environment where no third party can gain access to them without your knowledge; and
- not use or attempt to use any of the Designs for your own advantage without purchase.
- Purchase / License of Designs
In the event that you purchase / licence any of the Designs from LPD, you agree to the following terms and conditions:
- LPD makes no warranty as to intellectual property rights and disclaims all liability in the Designs.
- In the event of non-payment, LPD reserves the right to revoke any license to use designs and demand that you cease further use.
- Upon full payment, LPD will assign copyright in purchased designs if requested by you.
- Upon full payment, you are free to manipulate the designs, but entirely at your own risk. LPD accepts no liability for manipulated or altered designs.
- LPD shall be entitled to claim authorship for any of the Design for which it has been responsible.
- Copyright Infringement Policy
LPD has a policy of terminating, in appropriate circumstances and at LPD's sole discretion, account holders who infringe the intellectual property rights of LPD or any third party.
- Registration Data and Account Security
In consideration of your use of the Site, you agree to:
- provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data);
- maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete;
- maintain the security of your password and identification;
- notify LPD immediately of any unauthorised use of your account or other breach of security;
- accept all responsibility for any and all activities that occur under your account; and
- accept all risks of unauthorised access to the Registration Data and any other information you
- Limitation of Liability
Under no circumstances will LPD be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the your use of the Site or the LPD Content / the Designs.
- Applicable Law
This Site and its use are governed by the laws of New South Wales, Australia.
Notwithstanding any of these Site Terms, LPD reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
LPD is committed to protecting your privacy. Please contact us for information on how we collect, use and disclose personal information.
- Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by LPD. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
- Changes to Site Terms
LPD reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.