The My Photo As Art website (Website) is owned and operated by Ten2Three Productions Pty Ltd (ABN 96 099 606 345) trading as My Photo As Art.

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

1. Governing law

My Photo As Art controls and operates the Website from its office within Australia. These Terms of Use are governed by the laws of Queensland. You and My Photo As Art agree to submit to the non-exclusive jurisdiction of the courts of Queensland. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. My Photo As Art makes no representation that the Website is appropriate or available for use in all locations.

2. Revisions

My Photo As Art may revise or amend these Terms of Use at any time in its absolute discretion by posting revised terms. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.

My Photo As Art may revise its product prices at any time in its absolute discretion.

3. Prohibited conduct

  • You must not upload, post, transmit or otherwise make available through this site any material which:
    • violates or infringes the rights of others (including their privacy and intellectual property rights);
    • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
    • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
    • affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly);
    • breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require My Photo As Art to take remedial action under any applicable industry code; or
    • solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses.

4. Copyright

PLEASE READ THIS NOTICE BEFORE SUBMITTING ANY ARTWORK OR PHOTOGRAPHY TO MY PHOTO AS ART

By submitting your images through the My Photo As Art website you are acknowledging that you have read the terms and conditions and copyright notice below and agree that you are bound by these conditions.

A copyright is owned by the person who has taken the photograph and a copyright exists in most images and artwork, even ordinary family snaps. There can be multiple copyrights residing in the photograph and its subject. A copyright can exist as an ownership right when the image is created or photograph shot and a copyright gives the owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Therefore it is illegal to copy, print or digitally reproduce photographs or art created by others without their authorisation. A copyright still exists after 70 years from the death of the life of the author and can reside in copyright owners estate or successors. International law imposes both civil and criminal penalties for violation of a copyright. My Photo As Art and its customers are each subject to the copyright law.

You must always presume that images downloaded from the internet or scanned or copied from print publications are protected by copyright. Therefore it is always best to request permission from the original owner before making reproductions so as to resolve in advance any likely copyright problem.

Should you have any queries as to what is legal always consult a lawyer that specialises in copyrights or visit the Australian Copyright Council website for further information.

My Photo As Art always respects the intellectual property of authors and creators of visual images and we ask our customers to do the same.

If you’re unsure, please contact us for advice.

5. We can use your feedback

You grant My Photo As Art an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to My Photo As Art from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for our self-promotion purposes without restriction or compensation.

6. Indemnity

You agree to indemnify and will keep My Photo As Art (and its related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by My Photo As Art (or its related bodies corporate, personnel, servants and agents) in connection with your use of the Website, your breach of these Terms of Use or your breach of any rights of third parties.

7. General

Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the service provider used. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks to satisfy your particular requirements.

8. Disclaimer of warranty

My Photo As Art is providing the Website on an ‘as is’ and ‘as available’ basis and use of it is at your own risk. My Photo As Art and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Website. To the extent permitted by law, My Photo As Art expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.

9. Ordering goods

You may make purchases via the Website by selecting and placing your order in accordance with these Terms and Conditions and as directed on the Website. Any order placed by you in the manner described in the Website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on the Website at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.

Any order placed by you is subject to your compliance with any specific limitations shown on the Website (or applicable website).

My Photo As Art may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.

We may require additional verification or information before accepting any order.

We only accept print orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Paypal account or credit or debit card used to place your order and that your nominated Paypal account or credit or debit card will cover the full cost of the purchase. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Purchases will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.

We reserve the right to reject your order for products or services purchased through the Website for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on the Website or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

10. About our prices

All prices are inclusive of GST and in Australian dollars (AUD).

Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

Prices and availability of items are subject to change without notice.

Where permitted, we reserve the right to limit sales. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.

11. Title and risk

Title to the goods purchased from My Photo As Art online does not pass from My Photo As Art to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.

12. Creating an Account

You do not need to register a user account to access and browse the Website. However, in order to use some parts of the Website, you may be required to register an account in the manner set out on the Website (each an “Account“). My Photo As Art reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of My Photo As Art is final and no correspondence will be entered into.

All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to make a purchase via the Website or otherwise where indicated. You may never use another person’s Account without their permission.

You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify My Photo As Art of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify My Photo As Art when you desire to cancel your Account. My Photo As Art will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.

13. Intellectual Property Rights

The Website is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright and trademarks) in the Website and all content in it, are owned by My Photo As Art, or their licensors.

My Photo As Art claims no ownership rights in any images or photographs submitted by You to the Website. The copyright owner continues to own all of the images and photographs submitted by You to the Website.

14. Your Content

You are solely responsible for all content submitted or uploaded by You on the Website and retained in Your file (Content). You should take appropriate steps to back up photographs submitted by You to the Website.

We will not share or distribute Your Content apart from the purpose of providing the Product and related services to You.

You warrant that You are either the owner of the copyright OR you have a license from the owner of the copyright to reproduce Your Content in Your Product.

15. Delivery time

My Photo As Art will endeavour to produce and deliver Your Product within the specified timeframe to Your nominated delivery address. Delayed delivery is not a basis for cancellation of the order or a request for compensation.

Exclude and allow extra days for national and state public holidays for artwork, printing and delivery estimates.

16. 3rd party suppliers

Our products are printed by a small number of carefully selected 3rd party suppliers. Some of our suppliers may deliver with their own branded packaging without reference to My Photo As Art.

In ALL situations, please contact us for all customer service and support. DO NOT contact the suppliers directly as they will not be able to help you. That is our job to manage for you.

17. License

All images purchased on My Photo as Art can be used for commercial and non-commercial purposes. My Photo As Art grants you a royalty-free copyright license to download, copy, modify and distribute.

You do not need to ask permission from or provide credit to My Photo As Art, although we appreciate it when you do!

Tip: How to give credit
Artwork by My Photo As Art, or
Photo by My Photo As Art

Last update: April 2019

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