GeoSnapShot Terms and Conditions

Last updated 5th December 2023

1. ABOUT GEOSNAPSHOT

   1. GeoSnapShot Pty Ltd (ABN: 62 163 982 189) (GeoSnapShot, we, us or our) is a company registered in NSW, Australia which operates a marketplace that connects event organisers, photographers and participants, and a photo management platform where creatives can add their unique branding, watermarks and sponsor logos to their photos.

2. ABOUT THESE TERMS

   1. The following document outlines the terms and conditions (Terms and Conditions) which apply to your use of the following:
      1. the website www.geosnapshot.com which is owned and operated by GeoSnapShot;
      2. any other websites owned or operated by GeoSnapShot from time to time, (together, the Site); and
      3. any goods or services provided by GeoSnapShot through the Site (Goods and Services).
   2. In addition to the Terms and Conditions, GeoSnapShot’s:
      1. Privacy Policy which is available here, sets out the terms on how we handle your personal information; and
      2. Cookies Policy which is available here, sets out how we use cookies and how you can enable and disable cookies.
   3. The terms “you” and “your” refer to a User (as defined below).

3. DEFINITIONS

   1. Account has the meaning given to it in section 7.1.1(a).
   2. AWS AI Service means the AI service that may be used by GeoSnapShot which utilises Face Analysis to match Media Material uploaded to the Site by Sellers with Selfies uploaded by Buyers.
   3. Buyer has the meaning given to it in section 4.1.5.
   4. Event Organiser means an organisation or school that has signed up to the Site in relation to an event they are running.
   5. Event Participant means an individual participating in an event run by an Event Organiser.
   6. Face Analysis means facial geometry analysis extracted from an individual’s Selfie. This is a type of biometric information.
   7. Goods and Services has the meaning given to it in section 2.1.3.
   8. Linked Websites has the meaning given to it in section 15.1.1.
   9. Media Material means photographic, video and any other electronic information in whatever digital format it is presented in.
   10. Non-Excludable Rights has the meaning given to it in section 17.1.2.
   11. Photographer means either:
       1. a photographer(s) who has signed up to the Site to promote their services; or
       2. a photographer(s) being used by an Event Organiser for an event.
   12. Privacy Act means the Privacy Act 1988 (Cth).
   13. Purchase Price has the meaning given to it in section 9.1.1.
   14. Selfie means a photo of an individual optionally uploaded or provided through our Site to use certain services.
   15. Seller has the meaning given to it in section 4.1.5.
   16. Sensitive Information is as defined in the Privacy Act. It is a subset of personal information that attracts additional privacy protections, including biometric information (such as an individual’s facial features, fingerprints, iris, palm, signature, or voice).
   17. Site has the meaning given to it in section 2.1.
   18. Terms and Conditions has the meaning given to it in section 2.1.
   19. User means:
       1. an Event Organiser;
       2. an Event Participant;
       3. a Photographer; or
       4. or any other individual using the Site or the Goods and Services provided through our Site.

4. ACCEPTANCE OF TERMS AND CONDITIONS

   1. Before:
      1. browsing, accessing or using the Site (including registering for an Account on the Site);
      2. using the Goods and Services; or
      3. buying or selling Media Material through GeoSnapShot or the Site,
      you are required to read, understand and agree to all these Terms and Conditions.
   2. By:
      1. browsing, accessing or using the Site (including registering for an Account on the Site);
      2. using the Goods and Services; or
      3. buying and selling Media Material through GeoSnapShot or the Site,
      you acknowledge and warrant that you have read, understood and agree to be bound by these Terms and Conditions.
   3. You represent and warrant that, by agreeing to be bound by these Terms and Conditions, you are over the age of 18 years old. If you are not over the age of 18 years of age, you must immediately exit and not access or use the Site, use the Goods and Services or buy or sell Media Material on the Site.
   4. These Terms and Conditions form a legally binding agreement between GeoSnapShot and you. If you do not agree with any part of the Terms and Conditions, you must immediately exit and not access or use the Site, use the Goods and Services or buy or sell Media Material on the Site.
   5. The Site facilities the sale of Media Material between people who upload Media Material for sale through the Site (usually, Photographers or Event Organisers) (the Seller) and people who purchase Media Material through the Site (usually Event Participants) (the Buyer).

5. CHANGES TO TERMS AND CONDITIONS

   1. GeoSnapShot reserves the right, in its sole discretion, to modify or replace the Terms and Conditions at any time.
   2. If the Terms and Conditions do change, we will take reasonable steps to bring any material changes to your attention such as by sending such updates to you via your registered email address or by making them available to be viewed when you access the Site.
   3. You are deemed to have accepted any alterations to the Terms and Conditions by continuing to access and use the Sites, using the Goods and Services or buying and selling Media Material on the Site. As you will be bound by any amendment to these Terms and Conditions, you should review these Terms and Conditions from time to time.
   4. If you do not agree with the changed Terms and Conditions, you must immediately cease accessing or using the Site, using the Goods and Services or uploading or purchasing Media Material via the Site. As set out further at section 18, you can cancel your Account with us at any time if you do not agree with the changed Terms and Conditions.

6. DESCRIPTION OF THE SITE

   1. The Site enables people to register and upload Media Material to it for the purpose that anyone, who has access to the internet, can choose to view and/or purchase Media Material from the Site at any time. The Site also allows for people to view, purchase, download, comment, share links to and create favourite lists of the Media Material, which enables the Media Material to be shared with any number of viewers via social media, email or other mass distribution mechanisms.
   2. The Media Material that is viewed and shared on the Site is in a lower quality or format to that of the original. The original content is accessible to a Buyer after the Buyer successfully purchases the Media Material.
   3. While we take reasonable steps to ensure the availability and security of the Site, you accept that the Site is provided on an ‘as is’ basis. We do not warrant that the Site will be continuously available. Your access to or usage of the Site may be interrupted or unavailable from time to time as a result of planned or unplanned maintenance, repair, updates and malfunction as a result of equipment, human error or misjudgement. GeoSnapShot reserves the right to:
      1. suspend or discontinue the availability of:
         1. the Site;
         2. any Media Material on the Site; and/or
         3. any Goods and Services on the Site;
      2. remove any function of the Site; and/or
      3. restrict access to any area of the Site,
      without notice or liability to you.
   4. We do not represent, warrant or undertake that any Site will be error, defect, ‘bug’ or ‘virus’ free.
   5. The Site should not be used as storage for your Media Material and you agree that we have obligation to store, maintain or provide you with a copy of any Media Material that you provide, except to the extent required by applicable law or as provided in our Privacy Policy. You agree that GeoSnapShot will not incur any liability for loss, damage, misrepresentation, deletion or removal of your Media Material from the Site.

7. YOUR ACCOUNT

   1. When you upload or purchase Media Material to or from the Site, you must:
      1. register with a valid email address and password for an account with GeoSnapShot (Account). Your registered email address will be used to validate your Account and communicate with you if necessary;
      2. not use an email address of anyone other than yourself to register for an Account; and
      3. not use names for email addresses, event names, album names, any written communication on the Site, or Media Material that are offensive, vulgar or obscene.
   2. You confirm that all of the information you provide to us, including any personal information, will be complete, true and correct.
   3. You are responsible for maintaining the confidentiality and security of your username, password and other security-based information and you are responsible for all activities resulting from the use of your username and password and conducted through your Account.
   4. If your username, password or other security based information is lost or stolen, you must notify GeoSnapShot in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.
   5. Subject always to applicable laws and your Non-Excludable Rights, you acknowledge and understand you:
      1. are responsible and liable for any person that uses your Account to order Media Material through the Site; and
      2. agree that we may charge you for all Media Material that have been ordered using your Account through the Site.
   6. If you create an Account, you must promptly notify and/or update your profile if any of your personal information is erroneous or changes from time to time.

8. SELLERS

   1. Registration

      In addition to those requirements set out at section 7 of these Terms and Conditions, as a condition to using the Site as a Seller or registering for an Account, you must be over the age of 18 years old.

   2. Uploading Media Material
      1. All Media Material uploaded or otherwise submitted to the Site is the sole responsibility of the Seller from which such Media Material originates and you acknowledge and agree that you, and not GeoSnapShot and/or the Site, are entirely responsible for all Media Material that you upload or otherwise submit to the Site.
      2. GeoSnapShot and/or the Site does not control Media Material submitted by Sellers and, as such, does not guarantee the accuracy, integrity or quality of such Media Material.
      3. When uploading Media Material to the Site, you must not:
         1. upload, post or transmit, or cause to be uploaded, posted or transmitted, any Media Material which doesn’t belong to you or where the Media Material is not owned wholly and solely by you;
         2. upload, post, transmit, promote or sell Media Material of another person; or
         3. upload, post or transmit, or cause to be uploaded, posted or transmitted, any Media Material that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, is deemed by the Site or GeoSnapShot as inappropriate or that infringes any copyright, trade mark, intellectual property right or other right of any person, business or organisation; or
         4. upload, post or transmit or cause to be uploaded, posted or transmitted, any Media Material that breaches any applicable laws or regulations (including any surveillance or privacy laws).
      4. By uploading Media Material to the Site, you agree to the following:
         1. you are the owner of all rights (including all intellectual property rights or other rights) to the Media Material you upload or submit to the Site;
         2. the Media Material you upload or submit to the Site is original;
         3. you are granting the Buyer a non-exclusive, transferable, fully paid, world-wide licence to use your Media Material (Buyer Licence);
         4. in exchange for the Buyer Licence outlined in section 8.2.4(c) above, the Buyer will pay the Purchase Price. The terms relating to the fees payable to the Seller for the Media Material are laid out in section 9 of these Terms and Conditions titled "Licence Fee and Payment Terms";
         5. the Site and/or GeoSnapShot may choose to promote Media Material on the Site from time to time and as such may offer Buyers a discount on the Media Material offered on the Site. The discount due to sales and/or promotion activity will be passed on to the Seller as an associated cost of sale as laid out in the section 9 of these Terms and Conditions titled “Licence Fee and Payment Terms”;
         6. GeoSnapShot is not responsible for any loss or damage to your Media Material caused by technical, human, natural or any other cause;
         7. GeoSnapShot is acting solely to facilitate the Seller to sell the Media Material to the Buyer. Any disputes between the Seller and the Buyer should be resolved between the two parties. GeoSnapShot will not enter into any disputes and will play no part in disputes between the Seller or Buyer other than providing the Seller’s or the Buyer’s email address (as applicable) to the other party;
         8. neither the host, the Site nor GeoSnapShot is responsible or liable for the protection or enforcement of your Media Material including if a Buyer or any other party, including anyone that viewed your Media Material through the Site, breaches your intellectual property rights or any other rights in your Media Material;
         9. if other people are shown in your Media Material you must gain their written acceptance to sell and distribute that Media Material. You are solely responsible for gaining and exclusively owning all necessary rights and consents for your Media Material; and
         10. GeoSnapShot reserves the right to:
             1. remove Media Material from the Site;
             2. remove the Account of any Seller; or
             3. prevent the Seller from uploading Media Material from the Site, if the Seller breaches any of these Terms and Conditions. GeoSnapShot may not provide notice to the Seller of its taking of such action where it considers it is fair and reasonable not to do so in the circumstances.
      5. You represent and warrant that:
         1. you have the full and complete right to enter into these Terms and Conditions and to grant to GeoSnapShot the rights to the Media Material under section 8.3.1(a) of these Terms and Conditions;
         2. no further permissions are required from, nor payments are required to be made to any other person in connection with the use by the Site or GeoSnapShot of the Media Material which has been uploaded or submitted by the Seller to the Site;
         3. the Media Material does not defame any person and does not infringe any intellectual property right (including copyright, trade marks, database rights, moral rights, publicity rights or privacy rights) of any person business or organisation;
         4. the Media Material has not been uploaded to the Site in breach of any legal duty owed to any person, such as a contractual duty or duty of confidence;
         5. the Media Material does not violate any law or judicial or governmental order; and
         6. you have provided all legally adequate privacy notices and obtained all necessary permissions and consents in respect of the collection and use of any Personal Information (such as Selfies) (including Sensitive Information such as any Face Analysis) including for the use of the AWS AI Service.
      6. As a condition of uploading to, or selling any Media Material via, the Site, you must have provided to individuals who are the subject of the Media Material (which may include Buyers), our Privacy Policy and any applicable Collection Notices. You can find such Privacy Policy here and Collection Notice here
   3. Grant of Licence to the Media Material
      1. If you are a Seller, you agree that:
         1. you grant to GeoSnapShot a non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Media Material including on the Site and for GeoSnapShot’s own purposes (Media Material Licence);
         2. the Site and GeoSnapShot will use your Media Material for the purpose of licensing your Media Material to Buyers in such formats as we may, from time to time, make available to Buyers, including via electronic download;
         3. the Media Material Licence includes the right for the Site to use screen resolution images and thumbnails of your Media Material for display and promotional purposes on the Site and any third party sites, and in connection with internet search results, and embeddable codes;
         4. the Media Material will be licensed to Buyers in accordance with the Terms and Conditions in effect at the relevant time; and
         5. GeoSnapShot or the Event Organiser from the event you attended may from time to time use some of your Media Material for sales and promotion purposes. This could be promotion of the event you attended or for GeoSnapShot’s own sales and promotion purposes. The Media Material used by GeoSnapShot will be limited to a maximum of 10 pieces of Media Material per event.

9. LICENCE FEE AND PAYMENT TERMS

   1. Licence Fee
      1. The licence fee that the Seller charges for the Media Material is the purchase price paid by the Buyer for the Media Material (Purchase Price).
      2. The amount the Seller actually receives from the sale of the Media Material will be the Purchase Price minus:
         1. sales or promotion discounts;
         2. any third party payment processing costs; and
         3. GeoSnapShot’s sales fees for use of the Site which will be agreed between GeoSnapShot and the Seller (which may vary between Sellers),

         (Seller Payment).

      3. All amounts quoted on the Site are in the local currency where the relevant event took place or in US Dollars (US$) if the currency in your location is not supported.
      4. The Seller will be able to request the Seller Payment for sales of their Media Material on the Site and will be paid promptly.
      5. This section 9 of these Terms and Conditions titled “Licence Fee and Payment Terms” may change at any time in accordance with section 5 of these Terms and Conditions. Any new payment terms will be reflected in the Seller Payment you are paid for your Media Material on the Site.
      6. If you do not agree with the changes to these Terms and Conditions, please immediately take the action set out at section 1.1.1 of these Terms and Conditions.

10. BUYERS

    1. Registration
       1. When you purchase Media Material from the Site, you must register for an Account in compliance with section 7 of these Terms and Conditions.
    2. Purchase of Media Material
       1. Media Material viewed on the Site is shown in low resolution. When you purchase the Media Material, you will be given a link to download the full resolution Media Material to be used solely for the purposes outlined, and in accordance with the Buyer Licence granted, in these Terms and Conditions.
       2. You understand that by using the Site you may be exposed to Media Material that is offensive, indecent or objectionable.
       3. By purchasing the Media Material, you acknowledge and agree that:
          1. you are entering into an agreement with the Seller of the Media Material and your purchase of that Media Material grants you the Buyer Licence in respect of the Media Material;
          2. you may not alter the purchased Media Material in any way;
          3. the Seller of the Media Material owns the intellectual property rights in the Media Material;
          4. you do not own the intellectual property rights nor may you on-license, on-sell or re-sell the Media Material. You must comply with the terms of the Buyer Licence and any applicable intellectual property and other relevant laws in connection with your use of the Media Material;
          5. no endorsement is given that the actual Media Material is true, correct, valid or otherwise authentic in any way or that the Media Material was taken in the place it is positioned on the map;
          6. you will pay the Purchase Price associated with each Media Material purchased via payment mechanisms offered through the Site; and
          7. after successful payment, you must immediately download the Media Material which will be presented as a download link to you. Failure to download the Media Material immediately may result in that Media Material no longer being available. Failure to downloaded the Media Material immediately will be the sole responsibility of the Buyer and no liability, compensation, reimbursements, or damages may be sought from GeoSnapShot, the Site or the Seller.
    3. Face Analysis
       1. You acknowledge and agree that, when a Seller uploads Media Material from an event to our Site, your Face Analysis may be captured using the AWS AI Service.
       2. Please refer to our Privacy Policy for further information in respect of the collection and use of Face Analysis.

11. PROHIBITED ACTIVITIES

    1. Use of the Site and the Goods and Services
       1. When using a Site or the Goods and Services, you must:
          1. not use the Site or the Goods and Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by the Site or GeoSnapShot;
          2. not abuse, harass, threaten, impersonate or intimidate any person;
          3. use the Site or the Goods and Services for any purpose (including posting or viewing Media Material) that is not permitted under applicable laws or contrary to any relevant standards or codes;
          4. not upload, post or transmit, or cause to be uploaded, posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
          5. not create, upload or transmit unwanted ‘spam’ to any person or any URL;
          6. not create or hold multiple Accounts on the Site;
          7. not use any robot, spider, scraper or other automated means to access the Site for any purpose without GeoSnapShot’s express written permission;
          8. not in any way that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
          9. not use the Site or the Goods and Services in any way that interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site;
          10. not use the Site or the Goods and Services in any way that bypasses any measures we may use to prevent or restrict access to the Site;
          11. not sell or otherwise transfer your Account to any other person;
          12. not make fraudulent or speculative enquiries, purchases or requests through the Site;
          13. not infringe any intellectual property rights (including copyright, database right or trade mark rights) of any person or be in breach of any legal duty owed to any person such as a contractual duty or a duty of confidence;
          14. not seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site; or
          15. not submit, post, upload, email or otherwise send or transmit to the Site, or any Users of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or directly to the Site.

12. REPORTING ISSUES

    1. General
       1. You may report a suspected abuse of the Site or a breach of these Terms and Conditions by sending written notice to GeoSnapShot using the contact information set out in section 22 of these Terms and Conditions titled ‘Contact Us’.
    2. IP Infringement or Other Issues
       1. If you have any concerns in relation to the Media Material which has been taken or recorded at an event or uploaded to the Site including that the Media Material infringes the copyright or other intellectual property rights (IP Infringement) of any person, you may contact us at any time using the contact information set out in section 22 of these Terms and Conditions titled ‘Contact Us’.
       2. If you are notifying GeoSnapShot of a possible IP Infringement, you must also submit your notice in writing marked to the attention of "Copyright Infringement" and include in your notice a detailed description of the alleged IP Infringement.
       3. On receipt of a concern, we can provide you with the contact details of the relevant Seller who will be able to assist you with your concerns or complaint. In addition or alternatively, we may remove any Media Material from our Site where GeoSnapShot considers it reasonably necessary in the circumstances.
       4. GeoSnapShot is not required to investigate notices of alleged IP Infringement; however it may, in its sole discretion, take appropriate action under applicable intellectual property laws and these Terms and Conditions where is believes that an IP Infringement has taken place, including removing or disabling access to the alleged infringing Media Material, terminating Accounts and/or terminating access to the Site.
       5. If we remove or disable access to Media Material in response to a notice of IP Infringement, we will make reasonable attempts to contact the Seller who posted the affected Media Material. If you feel that your Media Material is not infringing, you may provide a counter notice in writing marked to the attention of "Copyright Infringement Counter Notification" to GeoSnapShot using the contact information set out in section 22 of these Terms and Conditions titled ‘Contact Us’. You must include in your counter notice sufficient information to enable GeoSnapShot to make a reasonable determination.
       6. If you are uncertain whether an activity constitutes IP Infringement, we recommended seeking independent legal advice.

13. USAGE OF THE SITE

    1. Sellers may have alternative photography business/brands that they use. GeoSnapShot supports the right for Sellers to carry on their own photography businesses; however, we do not allow you to use the Site’s services (such as our event calendar, our business name, our brand, our relationship with other Photographers, our relationship with Event Organisers, or any other Site services) to compete with the Site, the Goods and Services or any other services that the Site or GeoSnapShot provides.
    2. Many of the events on the Site’s calendar of events are non-exclusive, meaning that there may be non-GeoSnapShot photographers at that event. If you book onto a GeoSnapShot event, you must upload Media Material from the GeoSnapShot event to the Site for sale. You must not advertise that Media Material from a GeoSnapShot event are for sale through any other platform or service other than the Site.
    3. To upload Media Material to an event on the GeoSnapShot calendar, you must be a registered Photographer for that event. The number of Photographers who can upload Media Material from an event is determined by the Event Organiser.
    4. If the event is not on the Site’s calendar, you can create the event on the Site yourself. You can be a Seller at that event and request other Sellers (through the Site) to attend your event and upload Media Material for sale.
    5. The Site’s events calendar is for the use of Sellers and is a service provided by the Site for its Sellers. The calendar information is to be used solely by Sellers to register onto and attend events as a Photographer. The Site calendar should not be used for any other purpose including finding events to attend as a non-GeoSnapShot photographer, passing calendar information to a third party, copying, duplicating, linking to, redirecting to or otherwise using the information for any other purpose.
    6. If you attend a GeoSnapShot event you cannot offer an alternative purchasing option for Media Material other than the Site. You cannot advertise your own website or other place to purchase the Media Material from the GeoSnapShot event other than the Site.
    7. Any Photographer who has breached these Terms and Conditions may have their Account suspended or terminated immediately at the sole discretion of GeoSnapShot in line with section 18 of these Terms and Conditions titled “Cancellation, Suspension and Termination”.
    8. Some events and Event Organisers may require you to have a Working with Children Check (WWCC) (or similar document determined by your resident country or state to prove that you are certified to be working around minors). If you book on to an event that requires a WWCC, you must ensure that you have a valid WWCC, that it is up-to-date and present a copy to the Event Organiser upon arrival at the event.

14. INTELLECTUAL PROPERTY RIGHTS

    1. Site Content
       1. Subject to section 14.2.7, the entire contents and design subsisting in, relating to or arising out of the Site and available through or in connection with a Site including copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are the intellectual property of GeoSnapShot, our content providers or our licensors, with all rights reserved.
       2. GeoSnapShot is the owner of various trade marks and patents which may be used on, or in connection with, the Site. All trade marks or patents owned by GeoSnapShot must not be used or distributed without GeoSnapShot’s express written permission.
       3. You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on a Site, including audio and video excerpts, except as expressly permitted by statute or with GeoSnapShot’s prior written consent.
       4. No Site Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
       5. You may view the Site and the Site Content using your web browser and save an electronic copy, or print out a copy, of parts of the Site solely for your own information, research or study, but only if you:
          1. do not modify the copy from how it appears unless expressly authorised by GeoSnapShot and then only in accordance with these Terms and Conditions; and
          2. include the copyright notice reasonably specified by GeoSnapShot in writing on the copy.
       6. When you send us any feedback or suggestions or complete a survey in relation to the Site, you agree that we can use any ideas, concepts, or techniques contained in the feedback, suggestions or survey responses.
    2. User Generated Content
       1. You may choose to submit information, content and materials, such as customer reviews of our Goods and Services (excluding the Media Material) (User Generated Content) to the Site and/or GeoSnapShot.
       2. You acknowledge and agree that if you choose to submit or post User Generated Content, you must own or have the right to submit that User Generated Content. User Generated Content that you submit must be your own opinion. User Generated Content must not:
          1. infringe any intellectual property rights (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
          2. deceive or be likely to deceive any person;
          3. be used to impersonate any person (including GeoSnapShot and GeoSnapShot’s representatives) or to misrepresent your identity or affiliation with any person (including GeoSnapShot and GeoSnapShot’s representatives); or
          4. be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage any conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
       3. If you become aware or reasonably suspected that any User Generated Content on the Site may infringe these requirements, you must promptly notify us in writing.
       4. User Generated Content that you submit or share on a Site may be seen by other users of the Site or third parties. Where we have made relevant settings available, we will use commercially reasonable efforts to honour the choices you make about who can see your User Generated Content.
       5. You agree that GeoSnapShot may:
          1. edit or delete your User Generated Content;
          2. link your User Generated Content to other material, including User Generated Content submitted by other users or material created by GeoSnapShot, its related bodies corporate and/or other third parties;
          3. use your User Generated Content for its business purposes, for example, displaying your User Generated Content in our sales, marketing materials or on our Site or social media pages;
          4. directly or indirectly benefit from your User Generated Content; and
          5. share your User Generated Content with its related bodies corporate.
       6. GeoSnapShot does not promise to display any User Generated Content that you provide.
       7. GeoSnapShot does not claim ownership rights in your User Generated Content, however, by submitting your User Generated Content to a Site you are deemed to grant GeoSnapShot (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence to use, copy, modify, distribute, publish, communicate to the public and process that User Generated Content in connection with the Site without further consent from, or notice and/or compensation to, you.
       8. By submitting and/or uploading your User Generated Content to a Site you consent to anything being done by GeoSnapShot in respect of that User Generated Content that could otherwise amount to an infringement of your moral rights in such User Generated Content, and warrant that you have obtained such consent from all other authors of such User Generated Content.

15. LINKS TO OR FROM OTHER WEBSITES

    1. We may provide, or third parties may provide, links to websites or resources belonging to, or operated by, third parties (Linked Websites). Unless otherwise notified on a Linked Website, Linked Websites are not reviewed, controlled or examined by us in any way.
    2. Because GeoSnapShot has no control over such Linked Websites, you acknowledge and agree that GeoSnapShot is not responsible for the content, availability, advertising, products, services or other materials on any such Linked Websites, or the conduct of any person associated with a Linked Website. The provision of links to Linked Websites does not mean that we endorse or recommend, or have any association with, the Linked Websites or the relevant third party goods and services available on such Linked Websites.
    3. You further acknowledge and agree that GeoSnapShot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Website.
    4. Linked Websites may be subject to their own terms and conditions and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Website.

16. DISCLAIMER

    1. While every effort is taken to ensure the information on the Site is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person.
    2. The information on the Site is provided on the basis that all persons accessing a Site undertake responsibility for assessing the relevance and accuracy of its content.

17. LIABILITY AND INDEMNITY

    1. Liability
       1. To the maximum extent permitted by law, under no circumstances will GeoSnapShot (or its related bodies corporate) or you be responsible to the other party or any third party whether in contract, tort (including negligence), in equity, under statute or otherwise for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
       2. Nothing in these Terms and Conditions is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Non-excludable Rights).
       3. Except for liability in relation to breach of any Non-excludable Rights and liability under section 17.1.2, our total maximum liability to you in contract, tort (including negligence), in equity, under statute or otherwise, is limited to one thousand Australian dollars (AUD $1,000).
       4. To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to:
          1. any replacement or refund for a major failure and you may seek compensation for any other reasonably foreseeable loss or damage; or
          2. replacement or repair if the Goods and Services fail to be of acceptable quality and the failure does not amount to a major failure.
    2. Indemnity
       1. You hereby agree to indemnify, defend and hold harmless GeoSnapShot and its related bodies corporate from and against all claims, losses, expenses, damages and costs (including direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of:
          1. your conduct (including your use of the Site and the Goods and Services) in breach of sections 8, 10 and 11 of these Terms and Conditions; and
          2. Media Material uploaded or sold by you on the Site including as a result of any claim that the use, copying, modification, possession or receipt by a Buyer or GeoSnapShot infringes the intellectual property rights or other rights of any third party.
       2. Because we are fair and reasonable, your liability under this section 17.2 is reduced to the extent that GeoSnapShot or any of their related bodies corporate (and their officers, employees and representatives), directly contributed to the loss.

18. CANCELLATION, SUSPENSION AND TERMINATION

    1. Cancellation
       1. You may cancel your Account at any time by simply discontinuing your use of the Site and the Goods and Services or by providing notice to GeoSnapShot at the contact details set out in section 22 of these Terms and Conditions titled ‘Contact Us’.
       2. Cancelling your Account will end your ability to access your Account and you will need to register again with GeoSnapShot if you change your mind. Any data or personal information GeoSnapShot has collected about you or your use of the Site will be retained and destroyed in accordance with GeoSnapShot’s Privacy Policy.
       3. In all cases of cancellation of your Account, it is your responsibility to remove any of your Media Material from the Site.
    2. Suspension or termination
       1. Notwithstanding anything else in these Terms and Conditions, GeoSnapShot may terminate or suspend any and all Goods and Services and/or your Account for the Site immediately by providing written notice to you, for any of the following reasons:
          1. you have committed a breach of these Terms and Conditions;
          2. GeoSnapShot has ceased to provide the Account functionality;
          3. GeoSnapShot’s business or contractual relationships with third parties require GeoSnapShot to do so; or
          4. GeoSnapShot considers that you have done something that is detrimental to GeoSnapShot’s business interests or reputation.
       2. You acknowledge that neither GeoSnapShot, nor any other person, will have any liability to you for any reason whatsoever arising from suspension or termination of your access to the Goods and Services or your Account.
    3. Effects of termination
       1. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
       2. It is your responsibility to remove all Media Material from your Account prior to termination. Upon termination of your Account, your Media Material will be deleted and your right to use the Goods and Services of the Site will immediately cease.

19. RELATIONSHIP

    1. Sellers, Buyers and Users are not considered or classified as employees, agents, representatives, independent contractors, sub-contractors, freelancers, licensees, franchises of the Site or GeoSnapShot. As such, you are not covered by any form of insurance held by the Site and/or GeoSnapShot.
    2. You must not represent yourself as an employee, contractor, representative, independent contractor, sub-contractor, freelancer, licensee or franchisee of the Site or GeoSnapShot and GeoSnapShot does not regard you as an employee, contractor, representative, independent contractor, sub-contractor, freelancer, licensee or franchisee of the Site or GeoSnapShot.

20. GENERAL

    1. Entire Agreement
       These Terms and Conditions, together with any additional terms and conditions set out on the Site from time to time, constitute the entire agreement relating to its subject matter and supersede and cancel any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
    2. Force Majeure
       We will not be in breach of these Terms and Conditions or otherwise liable to you or any other person for any unavailability or failure of any Site, or the Goods and Services or any delay or other failure by us to comply with these Terms and Conditions that is caused by or arises from any event or circumstances beyond our control.
    3. Rights cumulative
       The rights, powers, privileges and remedies provided under any provision of these Terms and Conditions are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Terms and Conditions or by applicable law or otherwise.
    4. Waiver
       No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms and Conditions will impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms and Conditions will prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
    5. Invalidity
       Any clause or provision of these Terms and Conditions held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a clause or provision as required by this clause, part or all of the provision or clause of these Terms and Conditions will be severed from these Terms and Conditions and the remaining clauses or provisions continue in force.
    6. Interpretation
       1. a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
       2. the word ‘includes’ in any form is not a word of limitation;
       3. where a word or phrase is defined, another part of speech or grammatical form of that word of phrase has a corresponding meaning;
       4. references to the singular include the plural and vice versa;
       5. a gender includes all other genders; and
       6. headings and sub-headings are for ease of reference only and do not affect the interpretation of these Terms and Conditions.

21. GOVERNING LAW

    These Terms and Conditions are governed by the laws of New South Wales, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

22. CONTACT US

    You can contact us using the details below:

    GEOSNAPSHOT
    Email	support@geosnapshot.com
    Site	Via the help service provided via the Site.