Terms of Use

Terms and conditions for use of www.visualarts.net.au

Users of the site will agree to not use available personal information of other users for the purpose of direct marketing or commercial solicitation.

Comments and discussion

The NAVA website now has several areas where we invite you to contribute comment including (but not limited to) Blogs, Discussions and Campaigns.We welcome frank and open discussion, however to prevent offensive, abusive or defamatory comments, we ask that you abide by the following terms and conditions for this site.Any comments found by the site administrators to be offensive, abusive or defamatory will be removed without notice. If you find that a comment left by a user is offensive, abusive or defamatory, please contact us with a link to the comment and the site administrators will consider whether the material needs to be removed or edited.

Our rights

1. We retain the right and discretion (but not the obligation) to edit, delete, reject or remove any comment which you post or seek to post in the comments areas.

2. We retain the right and discretion to terminate your access to the comments areas if we believe you are abusing the services in any way, or have breached these terms and conditions.

Your obligations

1. You will not post any comments or material in the comments which is (or could be reasonably expected to be

a) obscene, offensive, pornographic, vulgar, profane, indecent or illegalb) defamatory of any person
c) racially or religiously vilifying, inciting violence or hatred, is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability

d) which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.

2. You will not use the comments areas for the purpose of:

a) advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce (you may do this in the Notice Board if it relates to the visual arts)
b) providing any financial advice, or advice of any kind in relation to any financial product.
c) procuring information for the purpose of direct marketing to other users of the site or comments area

Disclaimer

1. The views which are expressed in the comments areas are not the views of NAVA unless otherwise stated, and we accept no liability in respect of any material posted in the comments areas, nor are we responsible for its content and accuracy.

2. Any reliance you place on material posted in the comments areas is done so at your own risk.

Indemnities

1. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted in the comments areas.

2. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage incurred as a result of any material you post in the comments areas, or as a result of any breach by you of these terms and conditions.

3. Notwithstanding any indemnity provided by you under these terms and conditions, NAVA and visualarts.net.au retain the right to assume the conduct of any defence to a claim brought against them, and of any proceeding or appeal issued by them, and you agree to provide all reasonable cooperation (including by making available relevant documents) that NAVA and visualarts.net.au may require from you in relation to any such claim, proceeding or appeal.

Governing law
1. These terms and conditions shall be construed and applied in accordance with the laws of New South Wales, Australia, and you consent to the exclusive jurisdiction of the New South Wales Courts to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of New South Wales, Australia.

This section refers to content users enter into the site

The NAVA website has several areas where we invite users to contribute content including (but not limited to) Artists Gallery, Services Directory, Reading Room and Notice Board.We welcome your contribution, however to prevent offensive or illegal content being uploaded to the site, we ask that you abide to the following terms and conditions for this site.Any material found to be offensive, abusive or defamatory will be removed without notice. If you find that a comment left by a user is offensive, abusive or defamatory, please contact us with a link to the comment and the site administrators will consider whether the material needs to be removed or edited.
Our rights

1. We retain the right and discretion (but not the obligation) to edit, delete, reject or remove any content which you post or seek to post in the user-contributed content areas.

2. We retain the right and discretion to terminate your access to these areas if we believe you are abusing the services in any way, or have breached these terms and conditions.

Your obligations

1. You will not post any material in on the website which is (or could be reasonably expected to be:

a) obscene, offensive, pornographic, vulgar, profane, indecent or illegal
b) defamatory of any person
c) racially or religiously vilifying, inciting violence or hatred, is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability

d) which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
e) which is not original work in which you own the copyright or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person.

2. You will not use the website for the purpose of:

a) procuring information for the purpose of direct marketing to other users of the site or comments area
b) providing any financial advice, or advice of any kind in relation to any financial product.
c) advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce which does not relate to the Australian visual arts and craft sector

3. As NAVA is funded by the Federal Government through the Australia Council for the Arts, it adheres with the Australia Council's Children in the Arts Protocol and therefore if you are uploading images of children under the age of 18, you must warrant that:

a) images were created in line with relevant state or territory laws and regulations in force at the time

b) parental consent was given for distribution of contemporary images of any child involved in making the work

c) images of fully or partly nude children have been classified by the Classification Board

Disclaimer

1. The views which are expressed in the Artists Gallery, Services Directory, Reading Room and Notice Board are not the views of NAVA unless otherwise stated, and we accept no liability in respect of any material posted in the comments areas, nor are we responsible for its content and accuracy.

2. Any reliance you place on material posted in these areas is done so at your own risk.

Indemnities

1. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused by reason of your reliance on any material posted by external users of this site (who are not NAVA staff or representatives)

2. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage incurred as a result of any material you post on www.visualarts.net.au, or as a result of any breach by you of these terms and conditions.

3. Notwithstanding any indemnity provided by you under these terms and conditions, NAVA and visualarts.net.au retain the right to assume the conduct of any defence to a claim brought against them, and of any proceeding or appeal issued by them, and you agree to provide all reasonable cooperation (including by making available relevant documents) that NAVA and visualarts.net.au may require from you in relation to any such claim, proceeding or appeal.

Governing law
1. These terms and conditions shall be construed and applied in accordance with the laws of New South Wales, Australia, and you consent to the exclusive jurisdiction of the New South Wales Courts to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of New South Wales, Australia.