Read These Terms of Use Agreement Before Accessing
the members section
Effective Date: This Terms of Use Agreement was last updated on 14th of November
2005
This Terms of Use Agreement sets forth the standards of use of the theartshow.net.au
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You the Member* and users on the 14
day free trial. ("Trial users")agree to the following terms and conditions, If you do not agree to the terms and conditions of this agreement, you
should immediately cease all usage of the Members section of this Website and notify the addministrator@theartshow.net.au that you don't agree with these terms and Conditions.
theartshow.net.au
(the "Website"). is a service used by "Trial Users". to set up a Trial Art Gallery on the Internet,and by Members to advertise their art for sale on the Internet.
By using the Website you the Member agree to pay Theartshow ABN 55 227 144 905 ("Theartshow")the annual fee stipulated at the time of joining, this fee becomes due and payable at the end of the 14 day free trial period.
We reserve the right, at any
time, to modify, alter, or update the terms and conditions of this agreement without
prior notice. Modifications shall become effective immediately upon being posted
on the website. Your continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Members Grant of Limited License
By posting or uploading Art to the Website you grant Theartshow ABN 55 227 144 905
("Theartshow") and affiliates the right to use, reproduce, display, adapt, modify,
promote the Art in any form.
The member warrants that the Art the Member posts on the Website is their own work
And that they live in Australia . The Theartshow will not infringe or violate the
rights of any third party.
2. Disclaimer of Warranties.
The Website is provided by Theartshow on an "as is" and on an "as available" basis.
To the fullest extent permitted by applicable law.
Theartshow makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this website in terms of its correctness, accuracy,
reliability, or otherwise. Theartshow shall have no liability for any interruptions
in the use of this Website. The Theartshow disclaims all warranties with regard
to the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties; therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
The Artshow shall not be liable for any damages whatsoever, and in particular theartshow.net.au
shall not be liable for any special, indirect, consequential, or incidental damages,
or damages for lost profits, loss of revenue, or loss of use, arising out of or
related to this web site or the information contained in it, whether such damages
arise in contract, negligence, tort, under statute, in equity, at law, or otherwise,
even if theartshow has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
The Member* agrees to indemnify and hold Theartshow., its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Members Account
All Members* of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. The Member agrees to notify theartshow.net.au
of any unauthorized use of the Member’s account or any other breach of security known
or should be known to the Member. The Member’s right to use the Service is personal
to the Member. The Member agrees not to resell or make any commercial use of the Service other than advertise and sell their own paintings, without the express written consent of theartshow.net.au.
6. Modifications and Interruption to Service
Theartshow reserves the right to modify or discontinue the Service with or without
notice to the Member. Theartshow shall not be liable to the Member or any third
party should Theartshow exercise its right to modify or discontinue the Service.
The Member acknowledges and accepts that theartshow does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website may be
interfered with or adversely affected by numerous factors or circumstances outside
of our control.
7. Third-Party Sites
Our Website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by
the Vendors or collected from publicly available sources. While Theartshow makes
every effort to ensure that the information on this website is accurate, we can
make no representations or warranties as to the accuracy or reliability of any information
provided on this Website.Theartshow makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
9. Governing Jurisdiction of the Courts New South Wales
Our Website is operated and provided in the State of New South Wales . As such,
we are subject to the laws of the State New South Wales, and such laws will govern
this Terms of Use, without giving effect to any choice of law rules. We make no
representation that our Website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of the State New South Wales.
10. Compliance with Laws.
The Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. The Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other government
requirements. The Member further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international law or
regulation.
11. Copyright and Trademark Information
All content included or available on this Website, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2005 theartshow.net.au,
will all rights reserved, or is the property of theartshow.net.au and/or third parties
protected by intellectual property rights. Any use of materials on the Website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of theartshow is strictly prohibited.
Members agree that they will not use any robot, spider, or other automatic device,
or manual process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of theartshow.net.au.theartshow.net.au™
and www.theartshow.net.au™ are proprietary marks of Theartshow.
Theartshow’s trademarks may not be used in connection with any product or service
that is not provided by the website, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits theartshow.net.au.
All other trademarks displayed on Theartshow’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with theartshow.net.au.
12. Notification of Claimed Copyright Infringement
Theartshow designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail
Ken Keane
17 Simpson Drive
Bilambil Heights NSW 2486.
By Telephone: 07 55 907 682
By Email: ken@theartshow.net.au
13. Botnets
Theartshow retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, theartshow.net.au reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or any other
destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Theartshow, in our sole discretion, to a third party in
the event of a merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a Member. The Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement.
Members* A Member is a any user who has not sent an Email to accounts@theartshow.net.au stating they wish to cancel their art gallery, before the end of their 14 day free trial period. |
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