Terms of Service

Please read these Terms of Services ("Terms") carefully before using the websites, services, and applications (collectively, the “Services”) operated by DPHOTO Pty Ltd as trustee for DPHOTO Unit Trust ABN 45 384 475 356 ("Lightbox", "DPHOTO", "us", "we", or "our").

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. To use the Services you must be at least 18-years-old and legally capable of entering into binding contracts.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Services.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscriptions

Lightbox accounts are billed on a subscription basis ("Subscription"). If you purchase a Subscription, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). The Billing Cycle is either monthly or annual, depending on the type of subscription plan you select.

Subscriptions will automatically renew at the end of each Billing Cycle under the exact same conditions, unless the Subscription is terminated or cancelled by you or Lightbox. You may cancel your Subscription at any time through the account management page, or by contacting support@lightbox.co.

A valid payment method is required to process the payment for your Subscription. By submitting your payment information to us, you automatically authorize Lightbox to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail for any reason, we will contact you via email and attempt to resolve the issue. We reserve the right to terminate your Subscription if we are unable to collect payment from you.

Free Trial

When you first register an account, we offer you the ability to use our Services without charge for a limited trial period (a "Free Trial"). The duration of a Free Trial will be specified at the time of registration. You do not need to provide any payment information to register for a Free Trial.

At the conclusion of your Free Trial, your account will automatically terminate unless you choose to purchase a Subscription by selecting a subscription plan and providing us with valid payment information.

Price Changes

We may change the price of Subscriptions from time to time. If this occurs, we will provide you with reasonable prior notice of any change to give you an opportunity to cancel your Subscription before the change becomes effective.

Price changes will take effect at the start of the next Billing Cycle following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.

Refunds

Certain refund requests for Subscriptions may be considered by on a case by case basis and granted at the sole discretion of Lightbox.

Content

Our Services allows you to post, transmit, share and otherwise make available photos, videos, text, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness.

You retain any and all of your rights to any Content you submit, post or display on or through the Services, and you are responsible for protecting those rights. By posting Content to the Services, you grant us the right and license to use, modify, reproduce, display and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that:

1. the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms;
2. the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
3. the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
4. the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
5. the Content will not be unsolicited, undisclosed or unauthorised advertising;
6. the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
7. the Content does not bring us or the Services into disrepute.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

You acknowledge and agree that all Content you provide on the Services will be publicly available information and you bear the risks involved with such public disclosures.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been used on the Services in a way that constitutes copyright infringement, you may submit your infringement notice in writing to support@lightbox.co, including a detailed description of the alleged Infringement, and a link to the alledged breach. Please allow us 30 days to investigate your complaint.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Lightbox. The Services are protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lightbox.

Our Intellectual Property must not be used in connection with a product or Services that is not affiliated with us or in any way brings us in disrepute.

Links To Other Web Sites

Our Services may contain links to third-party web sites or services that are not owned or controlled by Lightbox.

Lightbox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Lightbox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

If you wish to terminate your account, you can do so via your Account management page, or by contacting support@lightbox.co.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

As a condition of your access to and use of the Services, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Services or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of the Services is at your sole risk. The Services is provided on an "AS IS" and "AS AVAILABLE" basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Lightbox its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

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 or, alteration of or use of record in connection with the use or operation of the Services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Services will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Services will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us at support@lightbox.co