Welcome to this Dorothea Mackellar website. Following are the terms and conditions that govern your use of this site.
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TERMS AND CONDITIONS OF USE
Your Agreement with the Dorothea Mackellar Estate;
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOROTHEA MACKELLAR WEBSITE (“MACKELLAR” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by The Estate of Dorothea Mackellar. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software (“Content”), is owned by The Estate of Dorothea Mackellar, its licensors and its content providers. All elements of Dorothea Mackellar websites, including, but not limited to, the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with The Estate of Dorothea Mackellar or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of The Dorothea Mackellar website or its licensors unless otherwise expressly agreed. You shall indemnify The Estate of Dorothea Mackellar, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND THE DOROTHEA MACKELLAR ESTATE EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DOROTHEA MACKELLAR ESTATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE ESTATE OF DOROTHEA MACKELLAR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither The Estate of Dorothea Mackellar nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. The Dorothea Mackellar Estate uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Dorothea Mackellar website; however, these other websites are not controlled by Dorothea Mackellar and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against The Estate of Dorothea Mackellar regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than The Estate of Dorothea Mackellar provide services from this website. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of New South Wales, Australia without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the High Courts of Australia. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration.
No Waiver, Severability
No action of The Estate of Dorothea Mackellar, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between The Estate of Dorothea Mackellar and you relating to your use of this website.
Rights Clearance. As between The Estate of Dorothea Mackellar and Customer, Customer shall be solely responsible for accessing, distributing, monitoring the licensed use of and otherwise controlling the user of all Licensed Content by its employees, representatives, agents, and business partners, and for any legal liability arising out of or relating to Customer’s failure to so control all Licensed Content. Customer shall also be solely responsible for ensuring that Customer, its subsidiaries, affiliates, and business partners have adequate rights and licenses for the use and Reproduction of the Licensed Content displayed within the Services. The Dorothea Mackellar Estate reserves the right to remove or otherwise restrict access to any Licensed Content that (a) The Dorothea Mackellar Estate has a reasonable basis to believe is unlawful or gives rise to any legal liability or (b) is culled from the website for legal or business reasons. For any Customer Licensed Content that is so culled, The Estate of Dorothea Mackellar will make commercially reasonable efforts to either (a) manually supply Customer with a digital copy of the culled image or to (b) credit Customer’s account for the cost of the culled image and provide a reasonable substitute.
The Dorothea Mackellar Estate shall have sole discretion as to which remedy it shall provide.
Each Party shall keep confidential and not disclose to any third party or use for its own benefit, except as expressly permitted herein, or for the benefit of any third party, any Confidential Information of the other Party disclosed to or received by the Party. Each Party agrees to secure and protect the Confidential Information of the other Party in the same manner as it would secure and protect its own Confidential Information and agrees to take appropriate action by instruction or agreement with its employees, representatives or other agents who are permitted access to the other Party’s Confidential Information to satisfy its obligations hereunder. Each Party shall cooperate with and assist the other in identifying and preventing the unauthorized use, copying or disclosure of all Confidential Information. Without limiting the foregoing, (a) a Party will disclose the other Party’s Confidential Information only to those of its employees, representatives or other agents who have a need to know the same for the purposes expressly permitted herein; (b) a Party will not copy or authorize the copying of any such Confidential Information, except as required for the purposes expressly permitted herein or otherwise authorized by the other Party in writing; and (c) any copy of any such Confidential Information that is made or authorized by a Party will contain all copyright, confidentiality or other proprietary notices contained on or in such Confidential Information as delivered by the other Party.
Entire Agreement. This Agreement and the exhibits hereto constitute the entire agreement between the Parties. No change, waiver or discharge hereof shall be valid unless it is in writing and is executed by the Party against whom such change, waiver, or discharge is sought to be enforced.
© 2021 The Estate of Dorothea Mackellar. All rights reserved. Terms and Conditions of Use.