MEMBERSHIP AGREEMENT

This Membership Agreement governs your membership to botanicphotos.com, allowing you full access to the membership portions of the web site located at www.botanicphotos.com (the "Site"). This Membership Agreement is in addition to the Terms and Conditions applicable to the Site. The Site is operated by Botanic Photos.

In this Agreement “you” means you or, if you are accepting on behalf of your employer, then “you” means that employer and affiliates, “Botanic Photos” or “we” means Botanic Photos, operator of the Site; and “Content” means any photographic image that you are downloading from the Site.

Access and use of the membership portions of the Site are provided by Botanic Photos to you on condition that you accept the terms of this Membership Agreement and the Terms and Conditions of use of the site and by accessing or using the membership portions of the Site, you agree to this Membership Agreement and the Terms and Conditions. If you do not agree to accept and abide by this Membership Agreement and the Terms of Conditions, you should not access or use the membership portions of the Site.

Botanic Photos reserves the right, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Botanic Photos as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.

As a Member, you agree to the following:

By becoming a member you specifically agree to accept and consent to receiving e-mail communications initiated from BotanicPhotos or through Us. Emails may include: message notification e-mails, e-mails informing you of promotions We run and emails informing You of new and existing features We provide. Should You not wish to receive any of our e-mail communications please do not register with Us for the Service or terminate your Membership with Us.

You acknowledge that the Site contains or may contain photographs (Content) which is protected by copyright, trademark or other proprietary rights of Botanic Photos and its affiliates or other third parties.

You may download Content only in accordance with the terms of this Membership Agreement and the then applicable Standard Licence Agreement.

Credits Purchasing

Credits can be purchased from the Credit Purchase Page within the My Profile portion of the Site. Credits can be purchased online with VISA, MasterCard and PayPal.

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize BotanPhotos to charge the designated credit card, or PayPal account, for the total amount of the purchase.

Login and Passwords

You are required to create a login account (Account) to access the membership area of this website. Your Account will be accessed with a username and password. Keep your Account details confidential as you will be liable for all transactions through your Account.

You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Nameand such passwords, and that Botanic Photos is authorized to accept your Member Name
and password as conclusive evidence that you have accessed or utilized the membership portions of the Site.

Indemnity

You agree to indemnify, Botanic Photos and its affiliates, against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred in connection with:

• any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you;

• or resulting from any communication made or Content uploaded under your Member Name; or

• any breach by you of this Membership Agreement.

Term and Termination

This Membership Agreement is effective until terminated. You may terminate this Membership Agreement at any time by emailing help@botanicphotos.com . Botanic Photos reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Botanic Photos may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Termination of this Membership Agreement does not relieve you of your responsibilities to pay any amounts due to Botanic Photos under this Membership Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded.

Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.

Age and responsibilities

By becoming a member, you represent and warrant that you are at least 18 years old, and that you have the right, authority and capacity to enter into this Membership Agreement and to abide by the Terms and Conditions of this Agreement. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

Applicable law

The Site is controlled, operated and administered by botanic Photos from within the State of South Australia, Australia. By accessing the Site, you acknowledge and agree that this Membership Agreement will be governed under the laws of the South Australia and the federal laws of Australia. Any and all disputes arising out of, under or in connection with this Membership Agreement, shall be submitted to arbitration in Adelaide, South Australia, pursuant to the rules of the Arbitration Act (South Australia) in effect at the time arbitration is demanded.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.