Terms of Use

This website – located at www.blacksand.studio – is owned and managed by Black Sand Studio (“we”, “us”), a photography business based at Paraparaumu Beach, Wellington (New Zealand).

These Terms of Use (“Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms of Use.

Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Black Sand Studio and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

You may, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Restrictions

You are expressly and emphatically restricted from all of the following (unless your are granted prior written permission):

  1. Publishing any of this Website’s material in any media;
  2. Selling, sub-licensing and/or otherwise commercializing any Website material;
  3. Publicly performing and/or showing any Website material;
  4. Using this Website in any way that is, or may be, damaging to this Website;
  5. Using this Website in any way that impacts user access to this Website; including interfering with or disrupt any servers or networks used to provide the Webite or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
  6. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  8. Using this Website to engage in any advertising or marketing;

Linking, Framing, Inlining

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another website or other service any of our material, content or intellectual  property.

Your Content

In these Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Black Sand Studio a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Black Sand Studio reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind, and that we may elect to cease the use and  display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Responsibility for Your Content, regardless of how it is contributed to the Website, lies with you alone. We do not control the messages, information or files that you or others may provide through the Site. Black Sand Studio may host message boards, chats and other public forums on its Website. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.  Black Sand Studio expressly disclaims all responsibility and endorsement and makes no  representation as to the validity of any opinion, advice, information or statement made or  displayed in these forums by third parties, nor are we responsible for any errors or omissions in  such postings, or for hyperlinks embedded in any messages. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients,  sponsors, users and visitors.

Privacy

Your use of this Website, and any of Your Content submitted to this Website, are subject to Black Sand Studio’s Privacy Policy. By using this Website, you expressly accept all terms of that Privacy Policy in full.

Warranties

This Website is provided “as is,” with all faults, and Black Sand Studio makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Limitation of liability

In no event shall Black Sand Studio , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Black Sand Studio, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Online Transactions and Services/Products

Sections of the Website may allow you to purchase certain services and/or products online. The transaction/payment services are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of those third party merchant services. If you make a purchase from our Website, you may be required to provide personal information and credit card details to that merchant. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through