Artists Terms of Service
ARTISTS TERMS OF SERVICE
IMPORTANT NOTE
Oz-e-artcraft provides You with access to the Website to assist You to upload Your Art Images to be hosted on the Website for display and sale to everyone (“Access”).
OZ-E-CRAFT is not liable for Your inability to use the Website and will not in any way assist Your Access.
Access is provided to You personally, or to You personally as agent for Your employer if You intend to use the Website in connection with Your employment duties.
Your Access is not transferable.
Access is provided to You on a non-exclusive basis and shall continue subject to Your use of the Website in accordance with the terms of this Agreement.
Oz-e-artcraft reserves the right to refuse to grant You Access at any time without giving any reasons.
Access will be enabled after:
You must be 18 years or older to register with Oz-e-artcraft.
You must read Oz-e-artcraft’s Privacy Policy made available to You at the Website.
You must accurately complete the Artist Registration. You must maintain and promptly update the information in your Artist Registration. By submitting the Artist Registration you warrant the accuracy and completeness of all information provided by You in Your Artist Registration to Oz-e-artcraft.
If You are employed and intend using the Website in connection with your employment duties then You should only submit the Artist Registration if your employer has authorised You to do so as its agent. By submitting the Artist Registration as agent for Your employer You are representing and warranting to Oz-e-artcraft that You are authorised to do so on behalf of Your employer, and You are warranting the accuracy and completeness of all information provided by You on the Artist Registration to Oz-e-artcraft.
You must upload and maintain a minimum of 1 items of Art available for sale on the Website at all times.
You are responsible for providing and maintaining all equipment and services required to enable You to Access the Website and for all fees and charges (including internet service provider fees) associated with that equipment and access.
What Oz-e-artcraft Will Do
If Oz-e-artcraft accepts Your Artist Registration it will provide You with Your own unique member account name and password, and agrees that it will act as your agent for the purpose of collecting orders for the Purchase of Your Art, receiving and holding the payment of the Purchase Price from each Approved Purchaser and forwarding that Purchase Price (less the Commission) to you in accordance with these Terms of Service.
You are responsible for the security of Your member account name and password and agree not to disclose Your member account or password to any third party.
On receipt of a Sale in relation to Your Art from a Purchaser Oz-e-artcraft will forward a confirmation to You.
Oz-e-artcraft will advise you when it has received the payment of the Purchase Price from the Approved Purchaser. You must arrange for the purchased Art to be registerd art, insured and delivered by a carrier to the Purchaser within 14 days of receipt of that advice from Oz-e-artcraft. You must forward to Oz-e-artcraft full details of the insurance and delivery arrangements, including copies of relevant documents. You must ensure that the carrier used to ship the Art obtains a receipt or signed delivery docket on delivery of the Art to the Purchaser. You must send a copy of the receipt or signed delivery docket to Oz-e-artcraft if available or otherwise on request.
The Purchaser will have 7 days from receipt of the purchased Art as recorded by the carrier to advise that he is not satisfied with the Art. If the Purchaser notifies Oz-e-artcraft that he is not satisfied with the purchased Art within that 7 day period and returns the Art to You within the following 14 day period, Oz-e-artcraft will refund the Purchase Price to the Purchaser less the Commission and the out-of-pocket expenses incurred by You. Oz-e-artcraft will be entitled to retain the Commission and will forward to You the balance of the Purchase Price retained to cover Your out-of-pocket expenses.
Unless the Purchaser advises Oz-e-artcraft that he is not satisfied with the Art within the 7 day period, Oz-e-artcraft will pay the Purchase Price, less the Commission to You. You will be responsible for updating the Website to remove Art Images of Art that has been sold.
Title in the Art passes to the Purchaser on expiry of the 7 day approval period unless the Purchaser advises Oz-e-artcraft that he is not satisfied with the Art. You acknowledge that until title in the Art passes to the Purchaser, the Art remains at your risk.
Acceptance of Registration
Oz-e-artcraft reserves the right at its discretion to not approve Your Artist Registration without giving any reason or entering into further dialogue with You.
Your Access will be activated as soon as practicable after Oz-e-artcraft approval of your Artist Registration and receipt of the Registration Fee. You will only be entitled to Access those parts of the Website that relate to the services You have requested and paid for in the Artist Registration.
Oz-e-artcraft reserves the right at its discretion and at any time to deny Your Access to the whole or part of the Website without giving any reason or entering into further dialogue with You.
Oz-e-artcraft reserves the right at its discretion and at any time to remove the whole or part of Your Art Images and/or references to your Art Images or any other content uploaded by You from the Website without giving any reason or entering into further dialogue with You.
If Oz-e-artcraft terminates your Access at any time other than due to Your default under this Agreement, Oz-e-artcraft will refund Your Registration Fee on a pro-rated basis.
You understand that Oz-e-artcraft may retain all Artist Registration data and data relating to the Art and Art Images provided by You for its record-keeping and marketing purposes. Such data will be held in accordance with the Oz-e-artcraft Privacy Policy.
Use of Names
You must not without written permission use the name, any trademark or logo of Oz-e-artcraft to claim any sponsorship, endorsement, approval or affiliation or other association with Oz-e-artcraft by virtue of this Agreement.
Proprietary Rights
By uploading Your Art Images using the Website, and maintaining the Art Image using the Website, you warrant that you own all rights, including intellectual property rights, and title in Your Art and the Art Images. You retain title and ownership in the Art and Art Image at all times until the transfer of the title and ownership to an Approved Purchaser.
By uploading Your Art Image using the Website You grant to Oz-e-artcraft a non-exclusive and non-transferable right to publish the Art Image on the Website for the purposes of offering the Art for sale to the whole world at a price determined by You.
Payment
You agree to pay the Registration Fee described in the Artist Registration.
Your Access is provided in consideration of You using the Website in accordance with the terms of this Agreement and the Artist Registration. Should You breach the terms of this Agreement or the Artist Registration You agree that Your Access terminates.
You indemnify Oz-e-artcraft against any and all loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, or otherwise arising in connection with this Agreement. This indemnity will continue beyond termination of this Agreement.
Rights to Use the Website
You may use the Website ONLY for the purposes of:
You agree not to download the whole or a part of any other Approved Artist’s Art Images from the Website.
You agree not to reproduce other Approved Artist’s Art Images.
You agree not to reproduce the Art of other Approved Artists.
You agree not to reproduce the whole or a part of the Website.
You agree not to tamper or interfere with the whole or a part of the Website.
You must not distribute, sell or otherwise make Your Art or Art Images, or the Art or Art Images of other Approved Artists, available for use by a third party. If You become aware that any other person wishes to use the Art or Art Images or Your Art or Art Images, You must refer that person to this Website or Oz-e-artcraft.
You must not reverse engineer or tamper with other Approved Artists Art Images, Your Art Images after upload to the Website, or the whole or a part of the Website.
You MUST NOT:
You are responsible for creating Your Art and Art Image, uploading Your Art Image using the Website, and removing the whole, or part, of Your Art Image from the Website.
Oz-e-artcraft may remove the whole, or part, of Your Art Image from the Website at its absolute discretion, with, or in the absence of, permission or a request from You.
You assume all risk for any loss or damage resulting directly or indirectly from Your use of, or inability to use the Website, and Your use of, or inability to use Your Art Image and Art.
To the extent permitted by law, Oz-e-artcraft excludes all liability for any loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, Your use of the Art Image, Your use of the Art, or otherwise arising in connection with this Agreement.
Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement ('Non-excludable Condition') then this Agreement will be read subject to such Non-excludable Condition. Where such statute or law permits, Oz-e-artcraft limits its liability to You for breach of such Non-excludable Condition at its option to:
Oz-e-artcraft does not warrant or make any representations:
Oz-e-artcraft may terminate this Agreement at any time.
Termination may occur for any or no reason at all and it at the sole discretion of Oz-e-artcraft.
On termination, all your rights to Access the Website cease.
Resolving Disputes
In any dispute arising out of or in connection with this Agreement, You agree to first negotiate in good faith with a senior Oz-e-artcraft officer to resolve it. If the dispute is not resolved by those negotiations within 30 days, You agree that the matter may be referred to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation in accordance with the commercial mediation guidelines of the ACDC.
The Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia. By pressing the “I Accept” button You represent (upon which Oz-e-artcraft relies) that You have read and understood the terms of this Agreement, that you are 18 years of age or older and that You agree to be bound by them. You also acknowledge that these Terms of Service may be updated at any time by Oz-e-artcraft without notification to you and that you will be bound by these Terms of Service as updated. This Agreement is not binding on Oz-e-artcraft until after Oz-e-artcraft has received payment of the Registration Fee and approved Your Artist Registration.
IMPORTANT NOTE
- Oz-e-artcraft provides its services to You subject to the following Terms of Service.
- Any errors or problems should be reported to Oz-e-artcraft at (enquiries@ozeartcraft.com.au)
- Before You submit images of Art for display and sale using this Website You must read and agree to these Terms of Service.
- Your registration will not progress until You have indicated that you accept the Terms of Service below.
- By registering with Oz-e-artcraft and using its services you agree to be bound by and to comply with these Terms of Service.
Meaning of Words
- 'Agreement' means this agreement between You and Oz-e-artcraft.
- 'Approved Artist' means an artist who has been approved by Oz-e-artcraft and registered as a user of the Website.
- 'Approved Purchaser' means a person who ordered an item of Your work, whose order you consented to and who has paid the Purchase Price to Oz-e-artcraft in accordance with these Terms of Service.
- 'Art' means any art or craft work in any form, an image of which You upload using the Website, to be hosted on the Website for display and sale by You to the whole world.
- 'Art Images' means images, data, or information pertaining to the Art.
- 'Art Price' means the price in Australian currency ($AUD) for the purchase of the Art as advertised on the Website or otherwise agreed between the Purchaser and You.
- 'Artist Registration' means the registration information that You submit to Oz-e-artcraft.
- 'Commission' means the amount of 15% or 25% of the Purchase Price (inclusive of GST) to be retained by Oz-e-artcraft in consideration for the provision of the services under this Agreement.
- 'Purchase Price' means the Art Price and any additional charges for freight, insurance, all taxes required to be collected in the relevant jurisdiction pertaining to the purchase of the Art and any other costs reasonably incurred in the purchase of the Art by the Purchaser, which the Purchaser has agreed to pay for the purchase of the Art.
- 'Purchaser' means a person who has submitted a sale in relation to Your Art to Oz-e-artcraft using the Website.
- 'Registration Fee' the fee to be paid by You in Australian currency ($AUD) for the services to be provided by Oz-e-artcraft as indicated in Your Artist Registration.
- 'Terms of Service' means these Artists terms of service.
- 'Website' means the Oz-e-artcraft owned internet site accessible via the internet at http://www.ozeartcraft.com.au
Oz-e-artcraft provides You with access to the Website to assist You to upload Your Art Images to be hosted on the Website for display and sale to everyone (“Access”).
OZ-E-CRAFT is not liable for Your inability to use the Website and will not in any way assist Your Access.
Access is provided to You personally, or to You personally as agent for Your employer if You intend to use the Website in connection with Your employment duties.
Your Access is not transferable.
Access is provided to You on a non-exclusive basis and shall continue subject to Your use of the Website in accordance with the terms of this Agreement.
Oz-e-artcraft reserves the right to refuse to grant You Access at any time without giving any reasons.
Access will be enabled after:
- You have submitted the Artist Registration; and
- You have read, understood and agreed to these Terms of Service;
- Oz-e-artcraft has approved registration, received confirmation that the Registration Fee has been paid by You, and issued a receipt for the Registration Fee.
You must be 18 years or older to register with Oz-e-artcraft.
You must read Oz-e-artcraft’s Privacy Policy made available to You at the Website.
You must accurately complete the Artist Registration. You must maintain and promptly update the information in your Artist Registration. By submitting the Artist Registration you warrant the accuracy and completeness of all information provided by You in Your Artist Registration to Oz-e-artcraft.
If You are employed and intend using the Website in connection with your employment duties then You should only submit the Artist Registration if your employer has authorised You to do so as its agent. By submitting the Artist Registration as agent for Your employer You are representing and warranting to Oz-e-artcraft that You are authorised to do so on behalf of Your employer, and You are warranting the accuracy and completeness of all information provided by You on the Artist Registration to Oz-e-artcraft.
You must upload and maintain a minimum of 1 items of Art available for sale on the Website at all times.
You are responsible for providing and maintaining all equipment and services required to enable You to Access the Website and for all fees and charges (including internet service provider fees) associated with that equipment and access.
What Oz-e-artcraft Will Do
If Oz-e-artcraft accepts Your Artist Registration it will provide You with Your own unique member account name and password, and agrees that it will act as your agent for the purpose of collecting orders for the Purchase of Your Art, receiving and holding the payment of the Purchase Price from each Approved Purchaser and forwarding that Purchase Price (less the Commission) to you in accordance with these Terms of Service.
You are responsible for the security of Your member account name and password and agree not to disclose Your member account or password to any third party.
On receipt of a Sale in relation to Your Art from a Purchaser Oz-e-artcraft will forward a confirmation to You.
Oz-e-artcraft will advise you when it has received the payment of the Purchase Price from the Approved Purchaser. You must arrange for the purchased Art to be registerd art, insured and delivered by a carrier to the Purchaser within 14 days of receipt of that advice from Oz-e-artcraft. You must forward to Oz-e-artcraft full details of the insurance and delivery arrangements, including copies of relevant documents. You must ensure that the carrier used to ship the Art obtains a receipt or signed delivery docket on delivery of the Art to the Purchaser. You must send a copy of the receipt or signed delivery docket to Oz-e-artcraft if available or otherwise on request.
The Purchaser will have 7 days from receipt of the purchased Art as recorded by the carrier to advise that he is not satisfied with the Art. If the Purchaser notifies Oz-e-artcraft that he is not satisfied with the purchased Art within that 7 day period and returns the Art to You within the following 14 day period, Oz-e-artcraft will refund the Purchase Price to the Purchaser less the Commission and the out-of-pocket expenses incurred by You. Oz-e-artcraft will be entitled to retain the Commission and will forward to You the balance of the Purchase Price retained to cover Your out-of-pocket expenses.
Unless the Purchaser advises Oz-e-artcraft that he is not satisfied with the Art within the 7 day period, Oz-e-artcraft will pay the Purchase Price, less the Commission to You. You will be responsible for updating the Website to remove Art Images of Art that has been sold.
Title in the Art passes to the Purchaser on expiry of the 7 day approval period unless the Purchaser advises Oz-e-artcraft that he is not satisfied with the Art. You acknowledge that until title in the Art passes to the Purchaser, the Art remains at your risk.
Acceptance of Registration
Oz-e-artcraft reserves the right at its discretion to not approve Your Artist Registration without giving any reason or entering into further dialogue with You.
Your Access will be activated as soon as practicable after Oz-e-artcraft approval of your Artist Registration and receipt of the Registration Fee. You will only be entitled to Access those parts of the Website that relate to the services You have requested and paid for in the Artist Registration.
Oz-e-artcraft reserves the right at its discretion and at any time to deny Your Access to the whole or part of the Website without giving any reason or entering into further dialogue with You.
Oz-e-artcraft reserves the right at its discretion and at any time to remove the whole or part of Your Art Images and/or references to your Art Images or any other content uploaded by You from the Website without giving any reason or entering into further dialogue with You.
If Oz-e-artcraft terminates your Access at any time other than due to Your default under this Agreement, Oz-e-artcraft will refund Your Registration Fee on a pro-rated basis.
You understand that Oz-e-artcraft may retain all Artist Registration data and data relating to the Art and Art Images provided by You for its record-keeping and marketing purposes. Such data will be held in accordance with the Oz-e-artcraft Privacy Policy.
Use of Names
You must not without written permission use the name, any trademark or logo of Oz-e-artcraft to claim any sponsorship, endorsement, approval or affiliation or other association with Oz-e-artcraft by virtue of this Agreement.
Proprietary Rights
By uploading Your Art Images using the Website, and maintaining the Art Image using the Website, you warrant that you own all rights, including intellectual property rights, and title in Your Art and the Art Images. You retain title and ownership in the Art and Art Image at all times until the transfer of the title and ownership to an Approved Purchaser.
By uploading Your Art Image using the Website You grant to Oz-e-artcraft a non-exclusive and non-transferable right to publish the Art Image on the Website for the purposes of offering the Art for sale to the whole world at a price determined by You.
Payment
You agree to pay the Registration Fee described in the Artist Registration.
Your Access is provided in consideration of You using the Website in accordance with the terms of this Agreement and the Artist Registration. Should You breach the terms of this Agreement or the Artist Registration You agree that Your Access terminates.
You indemnify Oz-e-artcraft against any and all loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, or otherwise arising in connection with this Agreement. This indemnity will continue beyond termination of this Agreement.
Rights to Use the Website
You may use the Website ONLY for the purposes of:
- viewing the Art Images of other Approved Artists;
- uploading your Art Images to the Website;
- hosting uploaded Art Images for display and sale of the Art depicted therein; and
- submitting information to Oz-e-artcraft for inclusion in the critique, announcements, exhibition notices, and classifieds sections of the Website.
You agree not to download the whole or a part of any other Approved Artist’s Art Images from the Website.
You agree not to reproduce other Approved Artist’s Art Images.
You agree not to reproduce the Art of other Approved Artists.
You agree not to reproduce the whole or a part of the Website.
You agree not to tamper or interfere with the whole or a part of the Website.
You must not distribute, sell or otherwise make Your Art or Art Images, or the Art or Art Images of other Approved Artists, available for use by a third party. If You become aware that any other person wishes to use the Art or Art Images or Your Art or Art Images, You must refer that person to this Website or Oz-e-artcraft.
You must not reverse engineer or tamper with other Approved Artists Art Images, Your Art Images after upload to the Website, or the whole or a part of the Website.
You MUST NOT:
- upload, transmit or otherwise make available on the Website any content that is unlawful, vulgar, fraudulent, obscene, discriminatory, defamatory, abusive or otherwise objectionable;
- impersonate any person, harass a person or to make any false or misleading representation;
- use the Website to upload, communicate or transmit spam, junk mail or other unauthorised material;
- use the Website to transmit or otherwise disseminate or make available any computer viruses, corrupt electronic code or other harmful material designed to interrupt or interfere with the proper operation of the Website or any other internet site or computer; or
- use the Website to commit any unlawful act.
You are responsible for creating Your Art and Art Image, uploading Your Art Image using the Website, and removing the whole, or part, of Your Art Image from the Website.
Oz-e-artcraft may remove the whole, or part, of Your Art Image from the Website at its absolute discretion, with, or in the absence of, permission or a request from You.
You assume all risk for any loss or damage resulting directly or indirectly from Your use of, or inability to use the Website, and Your use of, or inability to use Your Art Image and Art.
To the extent permitted by law, Oz-e-artcraft excludes all liability for any loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, Your use of the Art Image, Your use of the Art, or otherwise arising in connection with this Agreement.
Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement ('Non-excludable Condition') then this Agreement will be read subject to such Non-excludable Condition. Where such statute or law permits, Oz-e-artcraft limits its liability to You for breach of such Non-excludable Condition at its option to:
- assisting you to attain Approved Artist status; or
- refunding the fee paid by You in accordance with the Artist Registration.
- You Access and use the Website at Your own risk;
- Oz-e-artcraft will not be liable to You for any direct, indirect, special, consequential or other damages resulting from Your use of the Website or from any use a third party may make of the Website or Your Art or Your Art Images;
- Oz-e-artcraft does not control who accesses its Website and will not be responsible or liable to You for the actions of any person who accesses your Art or Art Images through the Website; and
- Oz-e-artcraft is not liable to You for Your use of any internet site that You might access from the Website, or for the accuracy, reliability or content of any internet site links that You might access from the Website, or that form part of the Website.
Oz-e-artcraft does not warrant or make any representations:
- that the Website is of merchantable quality, suitable for Your use, or is fit for any other purpose;
- in relation to any Purchaser;
- that Your use of the Website will result in a sale of Your Art;
- that operation of the Website will be-uninterrupted or that the Website is error-free;
- regarding the results of any use of the whole or any part of the Website;
- as to the accuracy, reliability, integrity, quality or content of any data, images, art, information, service or goods obtained through any use of the whole or any part of the Website;
- as to the accuracy, reliability or content of any internet site links that You might access from the Website, or that form part of the Website;
- that the use of the Website will not infringe the intellectual property rights of a third party;
- that persons outside of Australia will comply with their domestic laws in relation to their use of the Website; or
- that Art Images and other material on the Website, and Art, are, or will be, accessible, appropriate, or available for use outside of Australia.
Oz-e-artcraft may terminate this Agreement at any time.
Termination may occur for any or no reason at all and it at the sole discretion of Oz-e-artcraft.
On termination, all your rights to Access the Website cease.
Resolving Disputes
In any dispute arising out of or in connection with this Agreement, You agree to first negotiate in good faith with a senior Oz-e-artcraft officer to resolve it. If the dispute is not resolved by those negotiations within 30 days, You agree that the matter may be referred to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation in accordance with the commercial mediation guidelines of the ACDC.
The Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia. By pressing the “I Accept” button You represent (upon which Oz-e-artcraft relies) that You have read and understood the terms of this Agreement, that you are 18 years of age or older and that You agree to be bound by them. You also acknowledge that these Terms of Service may be updated at any time by Oz-e-artcraft without notification to you and that you will be bound by these Terms of Service as updated. This Agreement is not binding on Oz-e-artcraft until after Oz-e-artcraft has received payment of the Registration Fee and approved Your Artist Registration.
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© 2010 oz-e-artcraft Pty Ltd :: Search Engine Optimisation :: Web Design Brisbane
© 2010 oz-e-artcraft Pty Ltd :: Search Engine Optimisation :: Web Design Brisbane