Terms & Conditions

Welcome to the Scenery Station website. This site is owned and operated by Scenery Station Pty Ltd. For the purposes of this Agreement, Scenery Station Pty Ltd shall henceforth be referred to herein as “Scenery Station” or “we”, and you, the user who establishes or accesses a connection for access to and uses the Scenery Station site shall be referred to hereinafter as either “you” or “user”.

Please read these terms and conditions carefully before using the Scenery Station site. This Agreement, which shall constitute a legal agreement between you and Scenery Station and incorporates by reference other provisions applicable to the Scenery Station site, sets forth the terms and conditions that apply to your personal use of the Scenery Station site. By using the Scenery Station site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you shall not use the Scenery Station site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Scenery Station site. Please check these Terms and Conditions periodically for any changes. Any use of the Scenery Station site following the posting of changes to the Terms and Conditions shall be deemed to constitute your acceptance and agreement of such changes.

RESTRICTIONS ON USE

All materials contained on the Scenery Station site, including without limitation, text, software, photos, video footage, graphics, music and sound are the copyrighted property of Scenery Station under Australian copyright laws. Scenery Station or its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks, trade names, and trade dress on the Scenery Station site are proprietary to Scenery Station or its affiliates, content providers or licensors. No material from the Scenery Station site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only. No further copying, redistribution, retransmission, publication or commercial exploitation of downloaded material shall be permitted without the express permission of Scenery Station and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree to keep intact all author attribution, copyright, trademark and other proprietary notices.

In the event you download anything from the Scenery Station site, the software, including any files, images, or data accompanying the software (collectively, the "software") are licensed to you by Scenery Station for the limited use described in the preceding paragraph. You acknowledge that you do not acquire any ownership rights by downloading any material. Scenery Station retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decode, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. If you are interested in gaining permission for online use of photos, videos or permission to use our logos, please contact us – info@scenerystation.com outlining the specifics of your request.

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

You expressly understand and agree that:

Your use of the Scenery Station site is at your sole risk and the Scenery Station site is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, Scenery Station and its affiliates, employees, agents, third party content providers or licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Scenery Station and its affiliates, employees, agents, third party content providers or licensors make no warranty that (i) the Scenery Station site shall meet your requirements, (ii) the Scenery Station site or its operation shall be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, (iii) the content or the results that may be obtained from use of the Scenery Station site shall be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased, licensed or obtained by you through the Scenery Station site shall meet your expectations, and (v) any errors or defects in the software or on the Scenery Station site shall be corrected.

No advice or information, whether oral or written, obtained by you from Scenery Station, through or from the site, or via email, shall create any warranty not expressly stated in this Agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action.

Under no circumstances will Scenery Station, or any person or entity involved in creating, producing or distributing the Scenery Station site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Scenery Station site. You hereby acknowledge that the provisions of this section shall apply to all content on the Scenery Station site.

Under no circumstances will Scenery Station be liable for any loss or damage caused by your reliance on any content or information obtained through the Scenery Station site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content or information made available through the Scenery Station site.

INDEMNITY

You agree to save harmless and indemnify Scenery Station, its affiliates and respective directors, officers, employees, third-party content providers and licensors from and against all claims and expenses (including reasonable legal fees and disbursements) arising out of your use of the Scenery Station site. This provision will survive termination of this Agreement.

TERMINATION

This Agreement shall remain effective until terminated by either party. You may terminate this Agreement at any time by destroying all software or other intellectual property obtained from any Scenery Station site and all copies and installations thereof. This Agreement may terminate immediately without notice in the event we, in our sole discretion, find your conduct to be unacceptable, or in the event you breach any of the terms or conditions of this Agreement. Should you choose to terminate, you must immediately destroy all software and other intellectual property obtained from any Scenery Station site and any copies thereof.

THIRD PARTY LINKS

As a convenience, the Scenery Station site may link to other sites that may be of interest to you, but are not under our control. These links do not imply any endorsement by Scenery Station and we are not responsible for the availability of or the content contained in any linked site, or any cookies that may be placed by the operators of such sites (including without limitation by means of the link from the websites).

Furthermore, Scenery Station expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from Scenery Station site that are not produced by Scenery Station. In no way does Scenery Station warrant the security of the transmission of information you may be requested to provide such sites, and you hereby irrevocably and unconditionally waive any claim against Scenery Station with respect to such sites.

JURISDICTIONAL ISSUES

Unless otherwise specified, the content on the Scenery Station site is presented solely for the purpose of promoting such content worldwide. The Scenery Station site is controlled and operated by Scenery Station from its Australian offices in New South Wales. We make no representations that content on the Scenery Station site is appropriate or available for use in any particular location. Those who do choose to access the Scenery Station site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

GENERAL PROVISIONS

This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales. The federal and state courts situated in the State of New South Wales shall have exclusive jurisdiction over this Agreement and you hereby agree to submit to the personal and exclusive jurisdiction of such courts. The headings of each section are added as a matter of convenience only and shall be considered of no effect in the construction of any provision of this Agreement. The failure of Scenery Station to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorised officer of Scenery Station. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the Agreement shall continue and remain in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Scenery Station with respect to the Scenery Station site and the terms and conditions herein and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Scenery Station with respect to the Scenery Station site. This Agreement may not be modified except in writing by Scenery Station.