ACCEPTANCE OF TERMS: Use of this wbsite is subject to the following terms and conditions (“Terms and Conditions”)
1. CONTENT: The copyright in the material contained on, in, or available through this wbsite including data, text, music, sound, photographs, graphics, video messages or other materials is owned by or licensed to Richard Lisle, unless otherwise indicated. All rights are reserved. You do not have any right, interest or title in or to the material unless otherwise expressly indicated. You do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate any content without prior written consent given to you by Richard Lisle. None of the material may be used for any commercial or public use.
2. CONTENT SUBMITTED TO THE WEBSITE: Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) on to designated areas of this website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded or otherwise transmitted through this website by any visitor is referred to as “Content”. Richard Lisle does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Richard Lisle does not guarantee the accuracy, integrity or quality of such Content. Richard Lisle shall have the right (but not the obligation) in his sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Richard Lisle shall have the right without notice to record the IP address from which any Content is posted or uploaded or otherwise transmitted and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Richard Lisle receives any complaint (whether valid, justified or not).
3. THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS: This Website may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). Richard Lisle does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, Richard Lisle is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Richard Lisle is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. From time to time, Richard Lisle may receive a fee and/or commission from a third party product or service provider if Richard Lisle features a Product or Service on this website or if you link to a Third Party Website from this site and purchase Products or Services from them.
4. DOWNLOADS: You acknowledge and agree in relation to any downloads which are accessed on or via this website (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, re-sell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
5. MEMBER CONDUCT: You agree that when using greentreephoto.com that you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this website or any networks connected to this Website or another’s computer, or that contains any chain letters, pyramidselling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this website; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this website which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this website using an email address provided by a free account service such as hotmail; or (h) Register yourself as a member of this website or the forum provided through this website, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or (i) Use this website in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access.
You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this website. You agree to indemnify Richard Lisle in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this website other than in accordance with these Terms and Conditions.
7. DISCLAIMER / LIABILITY: greentreephoto.com, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘as is’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Richard Lisle disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this website, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this website, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, non-infringement and title are, as between Richard Lisle and you, hereby excluded. Richard Lisle makes no representation or warranty that this website, and/or any Third Party Websites will be continuous, uninterrupted, secure or error-free. Richard Lisle will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this website, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this website or Third Party Website, whether by Richard Lisle or on his behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.
If Richard Lisle is liable to you directly or indirectly in relation to this website, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this website or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Richard Lisle granting you membership to this website only. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Richard Lisle for death or personal injury caused by his negligence or for any other liability which cannot be excluded by Italian law. This Website is controlled and operated by Richard Lisle from Sardinia, Italy. Richard Lisle makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
8. DOWNLOADS: Without limiting the foregoing, you expressly agree that Richard Lisle and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, greentreephoto.com (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and Richard Lisle hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third-party rights. Richard Lisle does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus-free, or error-free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
9. ACCESS RESTRICTION: Richard lisle reserves the right in his sole discretion to deny you access to this website, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Richard Lisle may deny you access to this website if Richard Lisle exercises his right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
10. GENERAL: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Richard Lisle concerning your use of greentreephoto.com and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Richard Lisle in relation to such matters.
Richard Lisle reserves the right to update these Terms and Conditions from time to time. If he does so, the updated version will be effective as soon as it is uploaded on to this website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by Richard Lisle.
These Terms and Conditions shall be governed by and construed in accordance with Italian law and you agree, for the benefit of Richard Lisle, to submit to the exclusive jurisdiction of the Italian Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Richard Lisle’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Richard Lisle in writing.
Date published: 4th January 2018