Terms and Conditions of Use
Agreement In using this website you agree to our terms and conditions.
By accessing, browsing, signing up for and/or using this web site you agree to be bound by the following terms. It is important that you take the time to read and understand these terms to know your rights and obligations as a user. The use of this site including all software, text and images contained within it, is governed by these Terms and Conditions and the Privacy Statement. By accessing, viewing, uploading material to or otherwise using this site you indicate that you understand and intend these terms and conditions to be the legal equivalent of a signed, written contract. You accept these terms and conditions and agree to be legally bound by them.
We provide you with the opportunity to use this website in return for your agreement to always comply with these terms and conditions when using this site. If you do not agree with the terms and conditions, you are not granted permission to use the site and you should exit immediately.
You are legally responsible for your own actions when using this website.
You must not provide false information when registering or changing your registration details. You must not impersonate another person when using the site.
We do not, and are not practically able to, monitor or control the use made of this site by users. You are solely responsible for your actions and their legality under the applicable laws.
If you are using the site for your employer or another entity ("your Company"), you must be authorised to enter into these terms and conditions on behalf of your Company. Please report violations of our terms and conditions.
To increase your enjoyment of this site, if you see anything that violates these rules, whether for reasons of copyright breach or otherwise, please let us know by emailing us.
Our legal jurisdiction is Victoria, Australia.
By using this site you consent the exclusive jurisdiction of the courts of Victoria, Australia.
Operator The operator and owner of this site is The Australian Centre of Virtual Art (ACVA) - a registered business in Victoria, Australia.
These terms and conditions may change at any time without notice.
We reserve the right to change these terms at any time, without notice. You agree to be bound by such changes and therefore you should periodically visit this page to review the current terms and conditions to which you are bound.
This site may contain adult content.
If you are under 18 years of age, you must obtain the consent of a parent or guardian prior to using the site. The site may sometimes contain mature content.
No information may be submitted to acva.net.au by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 perform other legal acts on this site without such consent, unless permitted by applicable legislation.
You must have permission to publish content.
In displaying content, you warrant that you are authorised by the copyright owner to display or publish this content. You must not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any contractual or other relationship with a third party. You must not upload, post, email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, moral rights or other intellectual property rights of any third party. If you are a gallery or other person intending to upload copyrighted art images or provide other copyrighted content for display on the site and you are not the copyright owner of the relevant images or content, then you must obtain the permission of the copyright owner for the images or other content to be displayed on this site before you upload or provide those images or other content.
In respect of content for which the copyright is owned by third parties, you may not reproduce, modify, adapt, or publish any of this content without obtaining the permission of the relevant copyright owner, except where content is made available under a Creative Commons license. Content made available under a Creative Commons license may be reused as per the terms of the specified Creative Commons license. You or the copyright owner must not have granted any other entity or person exclusive rights, which are inconsistent with the rights you are granting to acva.net.au.
If you see anything on this site that leads you to suspect or believe that there has been a breach of copyright, please contact us immediately via email. We will attempt to contact the parties concerned. We reserve the right to suspend or terminate any users who infringe any third party rights.
We may use your material to promote our website
In uploading or submitting material to this site, you are interested in self-promotion and marketing of your name and or exhibitions and or artworks by making available to the public a selection of images and texts and or other material related to the exhibitions or artworks being publicised.
You understand that acva.net.au may use your material in promotional and marketing material.
We allow search bots to access our images, which may result in thumbnail versions of your images appearing in search engine results. In uploading your images to our site you agree to these images appearing in external search engine results with the understanding that this will help promote your listing on our website.
We own copyright for your comments, unless...
Copyright for the material posted within comment is already owned by another party or
A declaration of copyright ownership is included in the comment post. For example "this comment is copyright (name) (year).
Third party content and sites we link to are not our problem.
The products, services and information of third paries displayed or described on this site are not endorsed by us. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services displayed on this site. If you decide to purchase any of these items from third parties, your legal relationship in respect of those products and services is with the third party supplier and not with us. You should check with the third party supplier what terms and charges will apply. We may receive fees and/or commissions from third parties in relation to their goods and services displayed on the site or accessible through a hyperlink. You acknowledge and consent to us receiving these fees and/or commissions.
This site may provide links to other websites, which are not under our control. We are not responsible in any way for the content or functionality of such other websites. We supply these links only as a convenience and the inclusion of a link to any other website does not imply endorsement by us of the content, products or services available at such websites. Any linking that you engage in to this site, off-site pages or other sites is at your own risk. You agree to be responsible and liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods and services available on or through any such other site.
Content and Behaviour
Please play nice. You must not use acva.net.au in any way or email, transmit, post, upload any or otherwise make available any content that is unlawful, harmful, threatening, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racially or otherwise objectionable, or is contrary to any relevant codes or standards. You must not use acva.net.au in any way or email, transmit, post, upload any or otherwise make available any content that is harmful to another person, inhibits any other user from using or enjoying the site, or could give rise to civil or criminal proceedings. If your content is deemed to be offensive, or of insufficient quality, or otherwise unsuitable for acva.net.au, it may be removed from the site by acva.net.au. 'Unsuitability' may be defined at the discretion of acva.net.au.
We will respond to support requests when we can. Support services for acva.net.au may be unavailable at any given time. acva.net.au offers no warranty as to the timeliness of support or the ability of these support services to resolve problems you may experience using this site, however as a general rule we aim to respond to support requests within two working days.
Communication As part of some services available through our site we may communicate with you via email to an email address nominated by you. You are responsible for ensuring that your contact details are current (including your email address), your email service is operational and that you check your emails regularly. You must notify us as soon as possible of any changes to your contact details for the services using the online method provided by us. If we receive an automated email non-delivery notification indicating you have not received the email that we have sent you, we may use reasonable endeavours to attempt to contact you using the other contact details that you submitted online, including non-electronic details, but we do not guarantee that we will be able to contact you.
Trademarks We are in the process of seeking Trade Mark protection for all our rights in respect of our use of the word ACVA as a brand name. Nothing contained in this site shall be construed as granting you or anyone else any licence or right to use this mark without our permission.
Disclaimer of Warranties
acva.net.au and all its directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents and legal representatives and related companies offer no warranty or guarantee that the service will be uninterrupted. You expressly understand that, to the extent permitted by law, your use of the service is at your sole risk. The service is provided on an 'as is' and 'as available' basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties as to merchantability, fitness for purpose, and non-infringement. No information or advice, whether written, oral or otherwise, obtained by you from us shall create any warranty at all.
Limitations of Liability acva.net.au will not be held liable for any loss or damage resulting from the supply or interrupted or late supply of services. You expressly understand and agree that, to the extent permissible by law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages. This limitation includes, but is not limited to, damages for loss of profits, good will, use, data, or other intangible or tangible losses relating to the use of this service, even if we have been advised of the possibility of such damages. You agree that, to the extent permitted by law, any claim or cause of action by you, arising out of or related to your use of this site must be filed within one year after such claim or action arose or be forever barred.
Indemnification You agree to defend, indemnify, and hold us harmless from and against all injuries, liabilities, losses, claims, proceedings, damages, costs and expenses (including legal costs) relating to or arising from your use of this site and any breach by you of these terms and conditions.
You may stop using the site at any time. We may stop making this site, or part of it, available without any reason at any time. acva.net.au may at its sole discretion withdraw, suspend or terminate services at any time for any reason and without prior notice to you. Reasons for suspension or termination of service may include but are not limited to: you being in breach of these terms and the breach is something which can not be remedied, or you fail to remedy the breach within 10 days of our written notice to you of that breach; you providing false, misleading or incomplete information to us or others via this site; us believing that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the site; you misusing or threatening to misuse any trademark or other intellectual property belonging to us; the law requiring us to do so; us believing that providing access to the site to you is illegal or may become illegal; the occurrence of an emergency; us ceasing to provide this service for whatever reason.
'Promotional and Marketing Materials' means: graphics, artwork, photos, biography, drawings, pictures, video recordings and all manner of promotional materials affiliated with the services provided by acva.net.au.