Welcome to this Dorothea Mackellar website. Following are the terms and conditions that govern
your use of this site.
All poems and images are the copyright material of the Dorothea Mackellar Estate, if
you wish to reproduce them please contact Pippa Masson on
firstname.lastname@example.org for details.
TERMS AND CONDITIONS OF USE
Your Agreement with the Dorothea Mackellar Estate;
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOROTHEA
MACKELLAR WEBSITE ("MACKELLAR" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS
ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE
USING THE SITE.
Ownership of This Website
This website is owned and operated by The Estate of Dorothea Mackellar. All of the content
featured or displayed on this website, including, but not limited to, text, graphics,
photographs images, moving images, sound, illustrations and software ("Content"), is owned by
The Estate of Dorothea Mackellar, its licensors and its content providers.
All elements of Dorothea Mackellar websites, including, but not limited to, the Content, are
protected by trade dress, copyright, moral rights, trademark and other laws relating to
intellectual property rights. Except as explicitly permitted under this or another agreement
with The Estate of Dorothea Mackellar or one of its subsidiaries, no portion or element of
this website or its Content may be copied or retransmitted via any means and this website,
its Content and all related rights shall remain the exclusive property of The Dorothea
Mackellar website or its licensors unless otherwise expressly agreed. You shall indemnify
The Estate of Dorothea Mackellar, its subsidiaries, its affiliates and licensors against
any losses, expenses, costs or damages incurred by any or all of them as a result of your
breach of the terms of this Agreement or your unauthorized use of the Content and related
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND THE DOROTHEA MACKELLAR ESTATE 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. THE DOROTHEA MACKELLAR ESTATE WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS 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. YOU, NOT THE ESTATE OF
DOROTHEA MACKELLAR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE
TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website,
or as otherwise required by applicable law, neither The Estate of Dorothea Mackellar nor its
directors, employees, licensors, content providers, affiliates or other representatives will
be liable for damages of any kind (including, without limitation, lost profits, direct,
indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages)
arising out of your use of, your inability to use, or the performance of this website or the
Content whether or not we have been advised of the possibility of such damages.
The Dorothea Mackellar Estate uses reasonable efforts to ensure the accuracy, correctness and
reliability of the Content, but we make no representations or warranties as to the Content's
accuracy, correctness or reliability.
There may be links to other websites from the Dorothea Mackellar website; however, these other
websites are not controlled by Dorothea Mackellar and we are not responsible for any content
contained on any such website or any loss suffered by you in relation to your use of such
websites. You waive any and all claims against The Estate of Dorothea Mackellar regarding
the inclusion of links to outside websites or your use of those websites. Additionally,
parties other than The Estate of Dorothea Mackellar provide services from this website.
Some US states and foreign countries do not permit the exclusion or limitation of implied
warranties or liability for certain categories of damages. Therefore, some or all of the
limitations above may not apply to you to the extent they are prohibited or superseded by state
or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of New South Wales,
Australia without reference to its laws relating to conflicts of law and not including the
provisions of the 1980 United Nations Convention on Contracts for the International Sale of
Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the High
Courts of Australia. Users of this website agree that any and all disputes arising from the
use of this website, or the ordering of materials from this website, shall be settled by
No Waiver, Severability
No action of The Estate of Dorothea Mackellar, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these Terms and Conditions
of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever
possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use prices, information and available
contractual license terms featured on this website without notice. These conditions set out the entire
agreement between The Estate of Dorothea Mackellar and you relating to your use of this website.
Licensed Content; Rights Clearance. As between The Estate of Dorothea Mackellar and
Customer, Customer shall be solely responsible for accessing, distributing, monitoring the licensed
use of and otherwise controlling the user of all Licensed Content by its employees, representatives,
agents, and business partners, and for any legal liability arising out of or relating to Customer's
failure to so control all Licensed Content. Customer shall also be solely responsible for ensuring
that Customer, its subsidiaries, affiliates, and business partners have adequate rights and licenses
for the use and Reproduction of the Licensed Content displayed within the Services. The Dorothea
Mackellar Estate reserves the right to remove or otherwise restrict access to any Licensed Content
that (a) The Dorothea Mackellar Estate has a reasonable basis to believe is unlawful or gives rise
to any legal liability or (b) is culled from the website for legal or business reasons. For any
Customer Licensed Content that is so culled, The Estate of Dorothea Mackellar will make commercially
reasonable efforts to either (a) manually supply Customer with a digital copy of the culled image or
to (b) credit Customer's account for the cost of the culled image and provide a reasonable substitute.
The Dorothea Mackellar Estate shall have sole discretion as to which remedy it shall provide.
Confidentiality Each Party shall keep confidential and not disclose to any third
party or use for its own benefit, except as expressly permitted herein, or for the benefit of any
third party, any Confidential Information of the other Party disclosed to or received by the Party.
Each Party agrees to secure and protect the Confidential Information of the other Party in the same
manner as it would secure and protect its own Confidential Information and agrees to take appropriate
action by instruction or agreement with its employees, representatives or other agents who are
permitted access to the other Party's Confidential Information to satisfy its obligations hereunder.
Each Party shall cooperate with and assist the other in identifying and preventing the unauthorized
use, copying or disclosure of all Confidential Information. Without limiting the foregoing, (a) a
Party will disclose the other Party's Confidential Information only to those of its employees,
representatives or other agents who have a need to know the same for the purposes expressly permitted
herein; (b) a Party will not copy or authorize the copying of any such Confidential Information,
except as required for the purposes expressly permitted herein or otherwise authorized by the other
Party in writing; and (c) any copy of any such Confidential Information that is made or authorized
by a Party will contain all copyright, confidentiality or other proprietary notices contained on or
in such Confidential Information as delivered by the other Party.
Entire Agreement. This Agreement and the exhibits hereto constitute the entire
agreement between the Parties. No change, waiver or discharge hereof shall be valid unless it is
in writing and is executed by the Party against whom such change, waiver, or discharge is sought
to be enforced.
© 2016 The Estate of Dorothea Mackellar. All rights reserved. Terms and Conditions of Use.