- Ownership of Our Web site
This Web site is owned and operated by Zenaidy S Castro Publishing Media Pty Ltd. All of the photographs featured on our Web site were created by Dr Zenaidy Castro who have provided them for worldwide sale and distribution. These images are protected International copyright law. All of the other content on our Web site, including without limitation, the Business name, Taglines and Text ,the photographic images, the graphics, design, and look and feel are owned by Zenaidy S Castro Publishing Media Pty Ltd. and are protected by international copyright, and other intellectual property rights protection.
- Your Use of Our Photographs
You can purchase the photographs featured on our Web site from in the form of photographic prints, or other downloadable photographic products. If you decide to purchase a Product, you may not reproduce, display, transmit, distribute or otherwise exploit the Product, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Zenaidy S Castro Publishing Media Pty Ltd. Products are intended for your personal use only. You may not use or reproduce a Product in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without Zenaidy S Castro Publishing Media Pty Ltd. prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this Web site.
This web site and its content are provided “as is” and Zenaidy s Castro Publishing Media pty ltd. Makes no representations or warranties of any kind, either express or implied, about its images or web site including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law. While Zenaidy S Castro Publishing Media Pty Ltd. uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted, we makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor we can ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please contact us EMAIL US. In addition, Zenaidy S Castro Publishing Media Pty Ltd. is unable to make representations or warranties as to the functionality of this Web site, whether it is free of errors, and whether the server hosting the Web site is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this Web site is at your own risk. Zenaidy S Castro Publishing Media Pty Ltd., and its officers, directors, employees, subsidiaries, affiliates and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs.
You may not use or display any trademarks, logos or service marks (collectively, the “Marks”) displayed on the Website . Nothing contained on the Website should be construed as granting any right or license to use any of the Marks displayed on the Website; your misuse of any Mark is strictly prohibited.
Limitations of Liability
You expressly understand and agree that under no circumstances will zenaidy s castro publishing media pty ltd., be liable for indirect, special, incidental, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use, the website or any other matter relating to the website. These limitations will apply whether or not zenaidy s castro publishing media pty ltd., has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Disclaimer of Warranties With Respect to Use of Website
The website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, zenaidy s castro publishing media pty ltd., expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Zenaidy s castro publishing media pty ltd., does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Zenaidy s castro publishing media pty ltd., makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You agree to indemnify and hold harmless Zenaidy S Castro Publishing Media Pty Ltd.,, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Agreement; and your connection to the Website.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of Australia, including without limitation federal copyright and trademark laws, and with the International laws applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.
- Indemnification and Termination Policy
Screen vs. Print Colors Although I employ state of the art computer color management to produce print colors that are near perfect reproductions of what I see on my monitors, this will not necessarily be your experience. Due to the relative inconsistencies of various display monitors plus variations in individual user’s monitor settings, calibrations, color printing settings, and lighting sources, the colors you see on your screen may not be a totally accurate reproduction of the actual prints. Because of this, I cannot guarantee that a print will be an exact match of the colors represented on this site. Always remember that the colors of screen images are intended as guides and should never be regarded as absolutely correct. That said, you can nevertheless rest assured that the colors of each physical print are an accurate and faithful representation of my original artistic inspiration and intent.
- Discounts and Promotional Codes
All discounts or promotional codes must be entered at the time of purchase (on the shopping cart page) for the discount/promotion to be applied. Retroactive requests for discounts or promotions will not be granted.
- Other Terms
These Terms & Conditions were last updated on Mar 17, 2017. We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.