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1. Use of the Website
1.1. By accessing this website and any of its pages ("the Website"), you agree to be bound by these Terms and Conditions of Website Use ("Terms").
1.2. Please note that due to legal and other developments, the Terms may be amended from time to time without notice to you. You are solely responsible to refer to these Terms each time you access this Website to determine if any amendments have been made to the Terms.
1.3. These Terms constitute the whole agreement relating to your use of the Website.
2. Images
2.1. This Website contains photographic and other artistic images and works ("the Images").
2.2. All intellectual property rights, including without limitation copyright, in and to the Images ("the IP Rights") vest in and are owned by Gillian Lochner Photographers CC. None of the IP Rights are diluted, assigned or otherwise transferred by these Terms and/or your use of the Website. You waive and abandon irrevocably all or any rights which you may have to challenge or dispute the IP Rights.
2.3. Copyright in the Images is protected by Copyright Law. You may only access the Website and download and view the Images for your own personal non-commercial use. You may not otherwise use the Images, exploit the Images or create any derivative work of the Images.
2.4. Some of the Images on this Website may contain nudity. Your use of this Website is prohibited if you are not of a legal age or are otherwise prohibited from viewing such Images in the jurisdiction from which you are visiting the Website.
3. Risk
You use this Website at your own risk.
4. Indemnity
By accessing this Website, you agree to indemnify and hold harmless Gillian Lochner Photographers CC, its members and employees and the providers, owners and creators of this Website from any and all liability which may arise from your use of the Website.
5. Disclaimers
5.1. The Website is provided "as is" and on an "as available" basis. Gillian Lochner Photographers CC, its members and employees and the providers, owners and creators of the Website make no representation or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either of the Website or the information contained in it.
5.2. The Website is not tested for malicious code and accordingly:
5.2.1. No warranty is made in respect of such malicious code; and
5.2.2. Gillian Lochner Photographers CC, its members and employees and the providers, owners and creators of the Website disclaim all and any liability relating to damage caused by malicious code or other means which occurs as a result of the use of this Website.
5.3. To the fullest extent possible pursuant to applicable law, Gillian Lochner Photographers CC, its members and employees and the providers, owners and creators of this Website disclaim all liability for any damages including without limitation, for direct, indirect, special, incidental, economic or consequential loss or loss of profits resulting from the use of this Website.
6. Governing Law and Jurisdiction
You agree that all disputes arising out of or in connection with these Terms and your use of the Website shall be governed by and determined in accordance with the Laws of the Republic of South Africa and you submit yourself to the exclusive jurisdiction of a South African Court with competent jurisdiction.
7. Enforceability
7.1. Should any part of these Terms be found to be unenforceable, for whatever reason, this will not affect the enforceability of the remainder of these Terms.
7.2. Any failure to enforce any provisions of these Terms will not be construed as a waiver of any of the rights arising from these Terms.
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