Welcome to www.genkin.org
Photography ("IGP"). By accessing and using the www.genkin.org web site, User acknowledges that he
or she has read, understood and agrees to comply with the terms and conditions stated within this
IGP reserves the right to change these terms and conditions periodically at its sole discretion.
User's continued use of this web site constitutes acceptance of the terms and conditions stated at
the time of use.
The www.genkin.org ("Website") is owned and operated by Ilya Genkin Photography, ABN: 85 729 024 534.
The Website, the material on the Website, design, text, photos, images and graphics comprised in the
Website, the names, logos and trade marks on the Website and the selection and layout of the Website
(Content), if not stated otherwise, are owned or licensed by IGP and protected by copyright, trade
mark and other intellectual property laws of Australia and other countries.
Comps and Layouts: IGP grants User a personal, nontransferable, non-exclusive right to copy
low-resolution image(s), i.e. Thumbnails and Previews that User has selected onto User's computer
hard drive and to use the image(s) and any derivative works or copies (collectively, the
"image(s)") on one computer and with one user at a time. The images may ONLY be copied, modified
and incorporated in materials for Test or Sample use including comprehensive layouts, also called
"comps" and "layouts".
These files can be used free of charge if they are used only for personal, non-commercial use and
solely for test or sample purposes. Comping files may be used to take a closer look at a particular
image or to create materials for proofing presentations to clients. Comping files are not licensed
for use in final projects, whether for internal or external use. Copyright watermark information on
comping files must be untouched.
IN-CLASS EDUCATIONAL USES
Students and teachers may use images for free for in-classroom projects for non-profit educational
institutions. User does not need to license images for these uses, nor does User need to ask
permission. This is called, "Fair Use", and User should read more about this important aspect of
Copyright Law here.
MODEL AND PROPERTY RELEASES
IGP makes no representations or warranties whatsoever as to the legality or validity of any Release
associated with a photograph.
IGP makes no representations or warranties whatsoever with respect to the use of names, trademarks,
logos, uniforms, registered or copyrighted designs or works of art depicted in any photograph.
User must satisfy himself or herself that all necessary rights, consents or permissions as may be
required for Reproduction of any photograph have been secured by User.
IGP cannot guarantee that User will be able to use the image for any purpose he or she likes. Also,
if there is a model release for the image, IGP does not represent or make warranties whatsoever as
to the legality or validity of it.
ADVERTISING AND LINKS TO OTHER WEBSITES
The Website may contain links to other web sites, including but not limited to the sites of
affiliates, partners and resources. These sites may have different privacy policies and practices
from ours. IGP assumes no responsibility for the policies or practices of linked sites. User should
contact that web site's administrator with all questions or concerns about any external link.
User agrees, at User's expense, to indemnify, defend and hold harmless IGP, its officers, directors,
employees, agents, affiliates, distributors and licensees from and against any judgment, losses,
deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and
expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of
User's breach of this Agreement or in connection with User's use of this web site or any product or
service related thereto.
DISCLAIMER AND LIMITATION OF LIABILITY
This Website and its content are provided "as is" and IGP excludes to the fullest extent permitted
by applicable law any warranty, express or implied, including, without limitation, any implied
warranties of merchantability, satisfactory quality or fitness for a particular purpose. IGP will
not be liable for any damages of any kind arising from the use of this web site, including, but not
limited to direct, indirect, incidental, punitive, and consequential damages. The functions embodied
on, or in the materials, of this Website are not warranted to be uninterrupted or without error.
User, not IGP, assumes the entire cost of all necessary servicing, repair or correction due to
User's use of this Website.
Under no circumstances will IGP, its directors, officers, employees, partners or agents or the owner
of the images be liable to User for damages of any kind (including, without limitation, lost profits,
direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages)
as a result of User's use of, or inability to use, this web site or from User's access or use of the
images on this web site, or the performance of this web site or the Content whether or not IGP has
been advised of the possibility of such damages.
IGP uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but
IGP makes no representations or warranties as to the Content's accuracy, correctness or reliability.
Prices, specifications, availability and terms of offers may change without notice. Despite IGP best
efforts, a small number of items may contain pricing or typography errors. Correct prices and
promotions are validated at the time User's order is placed.
NO WAIVER, SEVERABILITY
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of
any subsequent breach or right. If any provision of this Agreement is found to be invalid or
unenforceable by a court of competent jurisdiction, such provision shall be severed from the
remainder of this Agreement, which will otherwise remain in full force and effect.