Introduction

Displaying your work on byronbayartists.com.au puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through byronbayartists.com.au .

Respect each other and respect the arts you find here and you’ll be helping make artscre8.com an inspiring and enjoyable community

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.

* Legal Agreement
* Eligibility
* Amendment to this agreement
* Our service
* Members
* Passwords
* Putting content on byronbayartists.com.au
* Reporting inappropriate content to byronbayartists.com.au
* Specific warnings
* Intellectual property rights and license
* Trade marks
* Linked websites
* Disclaimer
* Indemnity
* Privacy policy
* Security of information
* Termination of access
* Governing Law
* Arbitration
* General

Legal Agreement

All visitors (“user”, “you”, “your”) to the byronbayartists website at www.byronbayartists.com.au (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with byronbayartists.com.au or by displaying information about the changes on our home page, or both. Either way, your continuing use of the byronbayartists.com.au website will be taken to be acceptance of the new terms.

Our service

byronbayartists.com.au provides a range of services (the “byronbayartists.com.au service”) including but not limited to, enabling you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of byronbayartists.com.au product fulfillment service including payment processing, transaction handling, product manufacturing and customer service. The digital content on the website (“content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by users.

A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. byronbayartists.com.au reserves the right to refuse any user name that it decides at its sole discretion is inappropriate. byronbayartists.com.au reserves the right to refuse any person that it decides at its sole discretion from becoming member.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the byronbayartists.com.au website or in the course of delivering the byronbayartists.com.au service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.
Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.
Putting content on byronbayartists.com.au

You keep the copyright of any content you submit or upload to the website.

When you submit or upload content on the byronbayartists.com.au website you represent and warrant that:

* you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license byronbayartists.com.auto use and sub-license the content in accordance with this agreement;
* you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
* you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
* your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
* your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
* your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions

byronbayartists.com.au reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.

Please be aware byronbayartists.com.au is a creator-controlled publishing tool and we do not screen the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

Reporting inappropriate content to byronbayartists.com.au

byronbayartists.com.au does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website.

You can do this by clicking the "report this work as inappropriate" link that will be displayed beside each piece of art.

If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint, or request an agent to make a complaint on your behalf, by completing the Lodging a formal copyright complaint form.

Specific warnings

You must ensure that your access to this website and the byronbayartists.com.au service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the byronbayartists.com.au service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the byronbayartists.com.au service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the byronbayartists.com.au service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

All intellectual property rights in this website and the byronbayartists.com.au service (including the software and systems underlying the byronbayartists.com.au service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:

* use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
* commercialize any information, products or services obtained from any part of this website,

without our written permission.

Trade marks

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the byronbayartists.com.au service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the byronbayartists.com.au service or these websites will be uninterrupted.

You acknowledge that the byronbayartists.com.au service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

1. if the breach relates to goods:
* the replacement of the goods or the supply of equivalent goods;
* the repair of such goods;
* the payment of the cost of replacing the goods or of acquiring equivalent goods; or
* the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
* the supplying of the services again; or
* the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.
Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law

Arbitration

Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.
General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by logging into your account, clicking on the hyperlink titled 'cancel your account', which appears at the following address: http://byronbayartists.com.au/user.