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Terms of Use

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This domain name, www.simplemiraclephotography.com.au  and the website known as Simple Miracle Photography are owned and operated by Michelle Dorothy Riksman trading as Simple Miracle Photography ABN:  78 772 084 961. (SMP refers to the website and the domain name). By using SMP, you (you, means and includes all users of the SMP website and includes all visitors to the website and includes all customers of Michelle Riksman) agree to the following terms and conditions:

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Conditions of Use

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You agree these terms and conditions govern your transactions with Michelle Riksman and your access to and use of the information, text, graphics and materials on the SMP website (“Content”) and the computer storage, processing and use of your personal information. Michelle Riksman reserves the right to vary the Terms of Use at any time by publishing the varied provisions on this website.

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Accuracy of Information

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The Content is accurate at the time of its inclusion on the SMP website. The Content itself is subject to change without notice. We will endeavour to update the SMP website as soon as practical after making any changes.

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Intellectual Property

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The Content is owned or licensed by Michelle Riksman is the intellectual property of Michelle Riksman or its licensors and is protected by copyright, trademark and common law. Nothing on the SMP website grants, or shall be construed as granting, any license, sub-license or right to use any of the trademarks appearing on it. Except where necessary for viewing the Content on your browser or as a permitted use under the Copyright Act 1968 (Cth) or other applicable law, no material on the SMP website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, for any commercial purpose without the specific written permission of Michelle Riksman or unless it is at the express invitation of Michelle Riksman. Michelle Riksman reserves her rights to take action against you for breaches of copyright. © Michelle Riksman. Many of the wallpapers on the SMP website are taken from websites on the internet that indicate that there is no copyright on the images and that it is permitted to use the images but not for commercial use. Do not use the images for commercial use. Michelle Riksman does not own the copyright of the images. The copyright lies with the original owners. If it nevertheless happens that an image/material is used for which you own the rights and you do not provide your permission for the SMP website to use the image/material; please contact Michelle Riksman and she will immediately remove the image/material from the SMP website. You must not use the Content for any illegal or unlawful purpose.

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Copyright Notice

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With your consent and permission Michelle Riksman may reproduce and publish on the SMP website such materials and images as you may, from time to time agree, with no cost to Michelle Riksman and with no liability for Michelle Riksman to pay you royalties or any other fee.  Copyright of all other images appearing on the SMP website remains with Michelle Riksman and any images you purchase from Michelle Riksman may not be reproduced in any form without the express written permission of Michelle Riksman. This includes printing from home printers or from photo labs, photocopying, scanning or otherwise copying digital or printed photographs, emailing or including digital photographs within other digital files, and otherwise sharing and distributing digital or printed images in any unauthorised manner.Any images you purchase from Michelle Riksman may only be used for personal purposes. Such images purchased must not be used for commercial use or for any advertorial purpose without the express written permission of Michelle Riksman. This clause does not apply to the images you provide to Michelle Riksman for restoration by Michelle Riksman. You retain the copyright in the images you provide to Michelle Riksman including to the restored versions of those images.

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Links to Other Sites

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The SMP website may contain links to other sites independently maintained by others. As Michelle Riksman does not control these other sites, she cannot be responsible for the content or accuracy of the information or other material on any linked sites. The provision of a link to another website does not mean that Michelle Riksman makes a recommendation or gives any endorsement or approval of any products or services displayed on those other sites. Michelle Riksman gives no warranty that linked internet sites, or their servers are free of viruses or any other harmful components. Users of links provided by the SMP website are responsible for being aware of which organisation is hosting the third-party linked internet site they visit and should direct any and all such enquiries to those third parties.

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Limitation of Liability

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Subject to any responsibilities or liabilities implied by law and which cannot be excluded by law, neither Michelle Riksman or any companies related to Michelle Riksman nor any director, officer, employee, consultant or agent thereof accepts any responsibility or liability for any loss or damage arising in any way (including by reason of negligence) for errors in and omissions from the Content and does not accept any responsibility nor owe any duty of care to any person acting or refraining from acting as a result of information on the SMP website.

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Your information, images, files, scans and photographs and our privacy statement

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Michelle Riksman is dedicated to keeping your details private. Michelle Riksman does not sell the information she collects from her customers. The purpose for which Michelle Riksman collects information from her customers is to either complete transactions or to publish their photographs/images on the SMP website. You contribute your information for these purposes at your own risk and Michelle Riksman accepts no responsibility for how users of the SMP website may use the information Michelle Riksman collects and publishes. Any information, Michelle Riksman collects in relation to you, is kept strictly secured. Michelle Riksman does not pass on/sell/swap any of your personal details with anyone, unless you specifically provide your consent and permission for Michelle Riksman to reproduce and publish your images on the SMP website (see copyright notice). Michelle Riksman may use cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. If so, Cookies sent to your computer from the SMP website only last while you’re browsing the website. Michelle Riksman does not store persistent cookies on your computer. Whenever you use the SMP website, or any other website, the computer on which the web pages are stored, the Web server needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous. Michelle Riksman does not keep a record of the IP addresses from users who access the SMP website. However, Michelle Riksman reserves the right to record your IP address when it is necessary to do so for security purposes. An example of this might when you complete the contact form. After completing the form provided, it may be that your IP address may be stored along with a transaction number to enable Michelle Riksman to track your order. Michelle Riksman does not keep copies of the images, information, files, scans or photographs you send for restoration. This material will always be returned to you. Additionally, Michelle Riksman does NOT keep copies of any images, information, files, scans or photographs she may restore for you or she may produce for you following a photographic shoot. For these reasons, Michelle Riksman recommends that you keep all images, information, files, scans or photographs restored or otherwise purchased from her in a safe place.

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Jurisdiction

 

These terms and conditions are subject to the laws of Australia and any applicable state. In the highly unlikely event that there is ever a dispute with Michelle Riksman that results in litigation, then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.