Please read the following in relation to how we collect/offer and use data and services for Waywolf Solutions (ABN: 69722354986,) and our site: https://waywolfsolutions.com.
When user submit content on the site, we collect the data provided, and also the visitor’s IP address and browser user agent string to help spam detection and review for inappropriate material.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website may be able to download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service.
TERMS OF SERVICE
This website is operated by Waywolf Solutions. Throughout the site, the terms “we”, “us” and “our” refer to Waywolf Solutions. Waywolf Solutions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Waywolf Solutions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Waywolf Solutions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 68 Howe St, Perth, WA, 6017, Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Mutual Marketing Network Terms of Service (T.O.S)
Note: Please read through these Terms and Conditions for the licensing and delivery of images before using our Media membership service and ordering content licenses. You must understand and agree with the General Terms and Conditions in order to use this service.
1.1 The website https://waywolfsolutions.com and its services are a product of the company Waywolf Solutions and they operate as a platform for digital services and the sales of licensed media including videos, photos, templates and books.
1.2 The General Terms and Conditions are valid for all users of the Waywolf media membership; customers and photographers are considered to be in agreement with the General Terms and Conditions when subscribed to the membership. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned. They are also valid when access to or use of services occurs outside of Australia. An agreement between photographers and Waywolf shall be valid in addition to these General Terms and Conditions.
1.3 All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Business Terms and Conditions.
1.4 Any conditions deviating from these terms must be agreed on in writing; opposing terms and conditions from contractual partners shall only apply with explicit written approval from Waywolf.
2 Subject matter of the contract
2.1 Within the meaning of these General Terms and Conditions, Waywolf is offering licensed media; however, the property rights of the images are not sold, rather shared ownership under membership.
2.2 Available media are copyrighted by the originator (creator) for sublicensing by Waywolf.
3.1 Waywolf allows customers paid members access to the digital library. Customers may use this to access and download media. We do not guarantee a set level of quality across the media, however we do aim at quality control at the benefit of our customers.
3.2 Prior to conclusion of the first contract, the customer must register with Waywolf. In doing so, he receives a user name and password, which are treated as confidential. Transfer to third parties is not permitted. If access data is abused at the fault of the customer, they are responsible for the resulting damages.
3.3 Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms when registering, while submitting their details they understand and accept these Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to the media. The media will remain available so long as membership is valid. After membership expiry, users must cease downloading media from Waywolf, they may use the content previously obtained freely but not permitted to sell or distribute it.
3.4 Waywolf may at anytime temporarily or permanently shut down the server as well as change, delete or add to the contents stored there.
3.5 Any kind of automated access to Waywolf media or the database using external scripts, download managers or other comparable functions/tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution. The customer is subject to a penalty of up to $3,000 for every infringement or attempted infringement made.
Media offered on www.waywolfsolutions.com are provided for sale by multiple sources. The media are subject to copyright protection. Ownership rights and copyrights are non-transferable even with compensation for damages and/or other charges and fees.
With payment of the membership fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use the selected images for their own information, illustration or advertising purposes. All other rights to the images, including all copyrights, shall remain with Waywolf and the creators respectively.
4.1 Standard license
The standard license allows the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use of the images for the Permitted Uses (as defined below). All other rights in and to the images including, without limitation, all copyright and other intellectual property rights relating to the images, are retained by Waywolf or the respective creators.
Permitted standard license uses:
4.1.1 Online or electronic publications, such as internet, intranet, CDs, newsletter, online- and multimedia presentations, online advertising, banner, pdf-documents, illustration of mobile applications.
4.1.2 The use of images on social media platforms, such as Facebook or Google Plus which reserves unlimited rights of use for these images by uploading these images is possible as follows: The image is integrated into a composition or layout and an image of the final product is uploaded or a clearly visible watermark or copyright notice is graphically affixed. Uploading original image data on these platforms is not permitted.
4.1.3 Advertising and promotional projects, including printed materials, like brochures, advertisements, posters, displays, for product packaging, film and video presentations, commercials as well as for the manufacturing and non-commercial (free of charge) distribution of promotional products such as greeting cards, postcards, calendars, cups or posters (ie. not for resale or license)
4.1.4 Editorial publications, such as newspapers, magazines, press articles, books, textbooks, cd and book covers, school books and for tv, fim and video
4.1.5 Any other purposes approved in writing by Waywolf.
4.2 Duration of usage rights
The right of the customer to use the image is for an unlimited period of time.
The customer does not purchase exclusive usage rights, i.e. an unlimited number of users have the right to purchase usage rights for an image.
The usage rights for an image may only be resold or transferred to a single third party to a limited extent provided the transfer occurs within the scope of fulfillment of a customer project, for example, in an advertising agency. Repeated use in projects conducted by different customers is not permitted.
4.5 Image editing
The customer is allowed to reproduce, modify and edit the images for his own purposes as long as it can be assumed that the changes will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights. The images may not be distorted by editing them.
5 Usage restrictions
5 The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense.
5.1 Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages. The use of images many not infringe upon third party rights, i.e. natural or legal persons.
5.2 The online provision of the images s in a downloadable format or distribution of the is not permitted.
5.3 The images or portions of the image may not be used in a logo or as trademarks or service marks.
8.7 When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. The transaction occurs directly via an online payment provider. Your credit card will be billed upon ordering and will appear on your statement as »Shotshop«. We recommend you print a copy of your transaction information.
6 Damages and limitations of liability
6 The customer is obliged to release and indemnify Waywolf from all damages and liability claims by third parties arising from use of the image material that does not comply with the above-mentioned provisions.
6.1 Waywolf shall not be liable for any approvals required for the use of images provisioned by photographers/creators. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the image material.
6.2 Waywolf assumes no liability for the availability of the online system and the content it contains.
Furthermore, Waywolf is neither liable for any technical problems outside its sphere of responsibility.
6.3 Waywolf shall only be liable for damages based on intentional or gross negligence. This includes faults caused by vicarious agents or legal representatives.
Complaints regarding the content of electronic transmissions may only be recognised if they are made in writing immediately after download unless it concerns a latent defect that was unrecognisable upon review of the image after download. Then the legal right of return for consumers is valid with a return period of four weeks; the return period for contractors in the sense of the commercial code is seven days.
8 Duration and cancellation
8 The customer is granted the period paid, whether that be 1, 6 or 12 months. Upon cancellation, they are subject to refund determined by the number of months remaining.
8.1 Waywolf is entitled at any time to cancel the membership on substantial grounds. An important reason exists in particular if the customer violates the license conditions defined in Section 4.
For all information regarding the processing of user data, Waywolf refers to its privacy statement above.
Customer and payment information is treated with utmost confidentiality. When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. A potential transaction occurs directly via an online payment provider.
10.1 Applicable law, place of fulfillment and place of jurisdiction
Place of fulfillment and place of jurisdiction is Perth. It is agreed that Australian law is applicable for all legal relationships between Waywolf and customers or providers/creators, especially in regard to the granting of usage rights abroad or from abroad.
11 Severability Clause
The invalidity or ineffectiveness of individual terms of the Terms and Conditions does not affect the effectiveness of the other terms. The ineffective condition is to be replaced with an effective condition that most closely serves the economic interests of the contract parties.
You agree to hold Waywolf Solutions (Waywolf, us, them, we,) harmless to any potential misleadings, misunderstanding and/or disputes arrising as a result of the membership. We have made all attempts to simplify and address all potential matters, please contact us for any queries.
Thank you for your patience and understanding – The Waywolf Team.
Last updated 25/02/2019
Waywolf Solutions, ABN: 6972 235 4986.