1. Use of The Art Scene Web Site is subject to these terms and conditions. By using The Art Scene Web Site you agree to be bound by these terms and conditions which form a binding contract between you and The Art Scene Pty Limited.
2. Certain parts of The Art Scene Web Site may be subject to registration and additional terms and conditions which will be made available for you to read at the time of registration.
3. Unless otherwise indicated, The Art Scene Web Site and its contents are the property of The Art Scene Pty Limited, whose registered office is situated at 912 Victoria Road, West Ryde, NSW 2114, Australia. The copyright in the material contained on The Art Scene Web Site belongs to The Art Scene or its licensors.
4. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on The Art Scene Web Site or on content available through The Art Scene Web Site are registered and unregistered Trademarks of ours and others. All Trademarks not owned by us that appear on the Web Site or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on The Art Scene Web Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on The Art Scene Web Site without our written permission or that of the third party rights holder. The trademarks appearing on this website are protected by the laws of Australia and international trademark laws.
5. You may not copy, modify, create derivative works, reproduce or redistribute from any content, code, data or materials on or available through The Art Scene Web Site or create a database in electronic form or manually by downloading and storing any such content without the prior authorisation of The Art Scene.
6. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Web Site, by e-mail or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to, review/ratings boards and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy & Security Policy. Prior to submitting any Submitted Materials, you must register with The Art Scene Web Site and provide your user information. By submitting or sending Submitted Materials to us, you:
·represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way,
·represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and
·you grant us and our affiliates, and our distributors, vendors, partners, agents, representatives, and other authorised users (collectively, “Representatives”) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorise others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time.
7. The Art Scene may, from time to time, add blogs, user review and ratings forums, other forums and other such services and features available on or through The Art Scene Web Site which you may have the opportunity to provide or submit information/views. In addition to any other rules or regulations that we may post in connection with a particular service or feature, and in addition to the rest of the Terms and Conditions, you represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through The Art Scene Web Site or any service or feature made available on or through the Web Site, any materials which are, do, or could reasonably be construed to be or do any of the following:
•restrict or inhibit any other user from using and enjoying The Art Scene website or the Web Site’s services;
•are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
•constitute or encourage conduct that would constitute a criminal offence, give rise to potential civil liability or otherwise violate any local, state, national or international law;
•violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
•contain a virus, spy ware, or other harmful component;
•contain embedded links, advertising, chain letters or pyramid schemes of any kind;
•constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
•Contain sensitive, proprietary or confidential information about yourself or others.
8. We will not accept responsibility for any information included in any Submitted Materials created or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.
9. Certain parts of The Art Scene Web Site may contain advertising. The Art Scene is not responsible for the content of any advertising material or any errors or inaccuracy in any advertising.
10. You warrant and agree that, while using The Art Scene Web Site and the various services and features offered on or through the Web, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from The Art Scene or its affiliates, or misrepresent your affiliation with any other person or entity; or (b) attempt to gain unauthorised access to other computer systems through the Web Site. You also shall not and, by your use of the Web Site, represent and warrant that you are not:
•Using The Art Scene website or the Web Site’s services or features in any manner with the intent to interrupt, damage, disable, overburden, or impair The Art Scene Web Site or such services or features, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
•Attempting (or encouraging or supporting anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with The Art Scene Web Site or the Web Site’s services, or any content thereof, or make any unauthorised use thereof;
•Using The Art Scene Web Site in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of The Art Scene Web Site or any of its services.
11. We reserve the right, but do not have an obligation, to monitor and/or to review all materials posted to The Art Scene Web Site or through the Web Site’s services or features by users, and The Art Scene is not responsible for any such materials posted by users. The Art Scene is not responsible for any failure to monitor, review and/or delete any materials posted to the Web Site or through the Web Site’s services or features by users. However, The Art Scene reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in The Art Scene’s sole discretion, are objectionable or in violation of these Terms and Conditions, The Art Scene’s policies or applicable law or for any reason whatsoever. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms and Conditions or in violation of applicable law, or for any other reason without notice or liability.
12. If you are authorised by The Art Scene to include a link from any other website to the Art Scene Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on The Art Scene Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other website to The Art Scene Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to The Art Scene Web Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to The Art Scene Web Site from any other Web Site at any time upon written notice to you.
13. You may only order products if you are 18 years of age or older or, if you are below that age, you do so with the consent of your parent or legal guardian. You hereby represent and warrant that you are 18 years of age or older and, if you are less than 18 years old, then your parent or legal guardian has consented to your use of the Web Site. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to The Art Scene. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through The Art Scene Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
14. We respect the intellectual property rights of others, and require that people who use the Web Site, or the services or features made available thereon, do the same. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify us. To be effective, the notification must be a written communication that includes the following:
•A physical or electronic signature of person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
•Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
•A statement that the complaining party has a good-faith belief that use of the material in the manner complained of, is not authorised by the copyright owner, its agent, or the law; and
•A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
15. The Web Site, including, without limitation, all services, content, functions and materials provided through the Web Site, are provided "as is," "as available," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, usefulness, correctness, precision, thoroughness, completeness of content or information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that The Art Scene Web Site or the services, content, functions or materials provided through the Web Site will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the website provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Web Site shall create any warranty not expressly made herein. The Art Scene also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in The Art Scene Web Site or your downloading of any materials, data, information, text, images, video content, audio content, or other content from the Web site.
16. We reserve the right to change or make corrections to any of the information provided on The Art Scene Web Site at any time and without any prior warning. We will not be liable for any inaccuracy or omission concerning any of the information provided on the Web Site.
17. The Art Scene may terminate, change, suspend or discontinue any aspect of The Art Scene Web Site or the Web Site’s services (including, without limitation, content, features or hours of availability), at any time and for any reason. The Art Scene may restrict, suspend or terminate your access to the website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. If we have banned you from the Web Site or any of the services on or available through the Web Site, you may not return to the Web Site for any reason or in any manner. Once you have been banned from use of the Web Site, you may not thereafter use the Web Site under a new username or identity. In the event that you do return, or attempt to return, to the Web Site or a particular service after you have been banned, you will be deemed to have breached these Terms and Conditions, and The Art Scene reserves the rights to obtain reimbursement from you for any costs and expenses incurred to enforce these Terms and Conditions and otherwise to pursue all rights and remedies available to it at law or in equity with respect to such breach. The Art Scene maintains a policy to terminate The Art Scene Web Site use privileges of users who repeatedly infringe the intellectual property rights of others.
18. The Art Scene reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of The Art Scene website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
19. In no event shall The Art Scene or its employees, agents, suppliers, or contractors be liable for any damages of any nature, including without limitation any consequential loss, loss of income or profit, loss of or damage to property, claims of third parties, or any other loss, cost, claim or expense of any kind or character arising out of or in connection with the use of this Web Site, its content or any The Art Scene Web Site with which it is linked.
20. You confirm that you have read and accept our Privacy & Security Policy.
21. These terms shall be governed by and construed in accordance with Australian Law.
Terms and Conditions © The Art Scene
Last modified: February 14, 2012.
