1. Introduction. Welcome to www.ArtSelect.com.au ("ArtSelect"). By accessing ArtSelect you are agreeing to the following terms, which are designed to make sure that ArtSelect works for everyone. This policy is effective April 8th, 2014.
ArtSelect.com.au is pleased to provide you with access to the services owned or operated by ArtSelect Pty Ltd.
By accessing or using ArtSelect.com.au you agree to be bound by these terms and conditions of use as amended from time to time.
2. About ArtSelect
(a) ArtSelect publishes or makes available on ArtSelect.com.au information, advertisements, and product, service offers, and links and other content supplied by ArtSelect and third parties (Material). ArtSelect does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on ArtSelect.com.au or on any web site that links from ArtSelect (including third party display advertisements).
(b) ArtSelect does not provide any warranty in relation to any goods or services advertised for sale on ArtSelect.com.au by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
3. Using ArtSelect.
As a condition of your use of ArtSelect you agree that you will not:
- violate any laws;
- violate the Posting Policy
- post any threatening, abusive, defamatory, obscene or indecent material;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm ArtSelect or the interests or property of ArtSelect users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of ArtSelect;
- copy, modify, or distribute any other person's content without their consent;
- use any robot spider, scraper or other automated means to access ArtSelect and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to ArtSelect.
- Join ArtSelect under multiple identities (art lover, artist, or gallery/retailer)
You are solely responsible for all information that you submit to ArtSelect and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
4. You are Responsible for the use of ArtSelect.com.au
(a) Whilst ArtSelect takes care to ensure that the Material on ArtSelect.com.au is correct, current and free from errors, ArtSelect does not warrant the accuracy or completeness of or the representations made in the Material on ArtSelect.com.au or any web site that links from ArtSelect.com.au or any information received as a result of using ArtSelect.com.au. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
(b) The services and Material made available on ArtSelect.com.au are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
(c) You agree to indemnify ArtSelect against any liability, loss, claim or demand if ArtSelect (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access ArtSelect.com.au secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to ArtSelect that you accept all liability for any unauthorised use of any username and password issued to you.
5. Goods and Services Provided By Third Parties
(a) If goods and services are offered on or through ArtSelect.com.au by third parties (sellers):
- Artwork prices exclude government and statutory charges (unless otherwise stated);
- You are responsible for making all relevant searches, enquiries and investigations in relation to any listed artwork including authenticity.
- ArtSelect does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
- ArtSelect will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
(b) ArtSelect may augment information supplied by sellers. This information is supplied by third parties and in the case of artwork is based on artist and price. Whilst ArtSelect requests sellers check this information, it may be possible for information to be inaccurate. ArtSelect strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
6. Abusing ArtSelect. ArtSelect and the ArtSelect community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the by contacting us directly.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ArtSelect if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off ArtSelect or not, we do not accept any liability for monitoring ArtSelect or for unauthorized or unlawful content on ArtSelect or use of ArtSelect by users.
7. ArtSelect Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by ArtSelect are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, ArtSelect will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of ArtSelect is limited, at ArtSelect’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, ArtSelect, will not be liable to you:
- for claims arising out of or in connection with your access and use of ArtSelect.com.au and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, ArtSelect will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term ArtSelect will mean ArtSelect, its officers, employees, contractors and agents, whether individually or collectively.
8. Copyright, Trademarks and Licence
(a) Material on ArtSelect.com.au is © ArtSelect Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by ArtSelect. Unless otherwise indicated on ArtSelect.com.au, the material on ArtSelect.com.au is owned by or licensed to ArtSelect and is subject to copyright (the "Copyright Material").
- only copy or reproduce the Copyright Material for the purpose of browsing ArtSelect.com.au or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) ArtSelect.com.au and other names of ArtSelect product and/or services referenced herein are trademarks or registered trademarks of ArtSelect Pty Ltd. Other product and company names mentioned on ArtSelect.com.au may be the trademarks of their respective owners. Nothing displayed on ArtSelect.com.au should be construed as granting you any intellectual property rights including the right to use any trademark, without ArtSelect’s (or the relevant owner’s, if applicable) express written consent.
ArtSelect contains content from us, you, and other users. ArtSelect is protected by copyright laws. You agree not to copy, distribute or modify content from ArtSelect without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ArtSelect. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ArtSelect (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
10. Membership to ArtSelect.com.au
(a) If you choose to become a member of ArtSelect, additional products and services may be made available to you.
(b) By becoming an ArtSelect member, you agree to receive electronic communications from ArtSelect about its products and services.
(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
11. Fees and Services
Using ArtSelect is generally free, but we will charge a fee for certain services, including advertising and eventually a small listing fee for individual listings. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
12. Communications Services
(a) ArtSelect may provide you with the ability to communicate with ArtSelect, ArtSelect.com.au, Sellers, advertisers and users of ArtSelect.com.au through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, social media, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by ArtSelect. You should not however, consider Communication Services to have been reviewed, screened, or approved by ArtSelect.
(c) Use of the Communications Services is provided on condition that You do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage ArtSelect.com.au’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by ArtSelect.
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
- excessively use the Communications Services in a manner which may hinder or prevent ArtSelect from providing services to any other persons or which may threaten the integrity or use by any person of ArtSelect.com.au.
- authorise, aid, abet encourage or incite any person to do any of the above acts.
(d) ArtSelect may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
13. Social Media
Some of ArtSelect's features may display your ad on any or all of our related social media outlets, including facebook, pinterest and instagram. By using ArtSelect, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, including but not limted to facebook, pinterest and instagram, you may be responsible for ensuring that it does not violate those other site policies. We may remove your ad if it is reported on any other sites, or if we believe it causes problems or violates any law or policy.
14. ArtSelect, Your Privacy, and Personal Information
15. Specific Terms
(to be added)
16. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State. You agree that any claim or dispute you may have against ArtSelect Pty Ltd must be resolved by the courts of the State of Victoria, Australia. You and ArtSelect both agree to submit to the exclusive jurisdiction of the Victorian Courts; for claims falling within the jurisdiction of a County Court, you and ArtSelect both agree to submit to the jurisdiction of the County Court of Victoria.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
17. Resolution of disputes
If a dispute arises between you and ArtSelect, we strongly encourage you to first contact us directly to seek a resolution by emailing us via Contact Us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very unique and valuable artworks are offered on ArtSelect by private individuals in Australia. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, artworkts infringing on the intellectual property rights will be removed by ArtSelect.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on ArtSelect comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ArtSelect, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10 Australian dollars (AUD).
20. ArtSelect May Change These Terms and Conditions
(b) ArtSelect may cease to provide you with access to ArtSelect.com.au or any of its services without notice.
(c) All rights not expressly granted are reserved.