Terms & Conditions

Art Almanac Terms & Conditions
Effective Date: 18 December 2020

This Agreement sets forth the terms and conditions which apply to the use by you of the Art Almanac sites (as defined below) and any other subscription product or service offered for sale by Art Almanac and/or its affiliates (collectively, “Art Almanac”). The right to use any product or service offered by Art Almanac is personal to you and is not transferable to any other person or entity. Your access to the Art Almanac sites is conditional upon your acceptance and compliance with the general and special terms set out below, our Privacy Policy and any other terms and conditions posted elsewhere on the website.

By accessing and using the Art Almanac sites, you: acknowledge that you have read and fully understand these Terms of Use, accept them as legally binding between us and you and waive any rights to contest their validity or enforceability, including on the grounds of lack of notice of them; and waive your rights to make any claim against us inconsistent with them.

We may amend or revise these Terms of Use (including the Privacy Policy) from time to time. Amendments will take effect on the posting of updated versions of those documents on this site. If you do not agree with these Terms of Use (including any amendments), you must immediately cease using Art Almanac websites.

1. Definitions

The “Art Almanac sites” or “Art Almanac websites” shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by Bandicoot Publishing Pty Ltd (ABN 82 626 047 578) of Square One Studio, 32 Bowden Street Alexandria NSW 2015, Australia. The Art Almanac sites consist of information services and content provided by Bandicoot Publishing Pty Ltd, affiliates of Art Almanac and third parties. The term “Community Areas” means the social media platforms, forums, chat rooms and other user participatory areas on the Art Almanac sites.

2. General

Art Almanac shall have the right at any time to change or discontinue any aspect or feature of the Art Almanac sites, including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by email. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

3. Use of the Art Almanac sites and the Community Areas

3.1. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Bandicoot Publishing Pty Ltd’s judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Bandicoot Publishing Pty Ltd’s express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Bandicoot Publishing Pty Ltd.

3.2. The Art Almanac sites and the Community Areas contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound. The entire contents of the Art Almanac sites are copyrighted as a collective work under the Australian copyright laws. Bandicoot Publishing Pty Ltd is the owner of the copyright in the entire Art Almanac network. Bandicoot Publishing Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Art Almanac sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Art Almanac sites without the express permission of Bandicoot Publishing Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Art Almanac sites, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Art Almanac sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media.

3.3. You shall not upload, post, or otherwise make available on the Community Areas any material protected by copyright, trademark, or other proprietary right without the owner’s express permission of the copyright, trademark, or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

3.4. You hereby grant to Bandicoot Publishing Pty Ltd, Art Almanac and their respective affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any email sent by you to Art Almanac (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

3.5 From time to time, we may run or offer competitions or promotions through the Art Almanac websites. Your participation in those competitions is governed by (in addition to these Terms of Use) the specific terms and conditions relating to those competitions and subject to your satisfaction of any eligibility criteria described in those terms and conditions.

3.6. You may be required to register with us in order to post comments in relation to content, to participate in competitions or access some of the content or other features or functionality of the website. When required to register, you shall provide Art Almanac with accurate, complete and updated information provided by you at the time of registration.

3.7. You may not (i) select or use a member name or email address of another person with the intention of impersonating that person; (ii) use a member name or email address of anyone else without authorisation; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Art Almanac considers to be offensive.

3.8. You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a competition provide otherwise).

3.9 We may discontinue or cancel your registration at our sole discretion without notice if (i) you do not visit the website for an extended period of time; (ii) you breach any of these Terms of Use, any competition terms and conditions or any applicable law; or (iii) if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.

3.10. The Art Almanac sites contain links to other web sites, resources and advertisers. Bandicoot Publishing Pty Ltd is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Bandicoot Publishing Pty Ltd be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or Webmaster.

3.11. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Art Almanac sites and Community Areas and all charges related thereto.

3.12. The foregoing provisions of this Section 3 are for the benefit of Bandicoot Publishing Pty Ltd, its affiliates, third-party content providers, and licensors. Each shall have the right to assert and enforce such provisions directly on its own behalf.

3.13. Bandicoot Publishing Pty Ltd has carefully designed the Art Almanac sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third-party shall have the right to utilise the content of the Art Almanac sites in any way that interferes with that purpose. In particular, Bandicoot Publishing Pty Ltd prohibits any party from displaying the content on the Art Almanac sites in any format where third party advertising or other materials that Bandicoot Publishing Pty Ltd did not authorise is viewed or viewable together with Art Almanac ’s proprietary content.

4. Monitoring

Art Almanac shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Art Almanac from time to time. Art Almanac shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Art Almanac shall have the right, but not the obligation, to remove any material that Art Almanac, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Bandicoot Publishing Pty Ltd, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Art Almanac nor any of its affiliates shall assume or have any liability for any action or inaction by Art Almanac with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

While the Art Almanac sites aim to provide balanced coverage of topics, the Community Areas are a public discussion space reflecting the views of its participants. From time to time, one particular side of a discussion may dominate views expressed here. This simply reflects the natural flow of comments we receive.

Contributions made to the Community Areas in the nature of a complaint will not be treated as program complaints. Art Almanac has a variety of complaint handling mechanisms available to members of the audience who wish to complain. To lodge a complaint, email artistprofile@artist profile.com.au

5. Disclaimer of Warranty; Limitation of Liability

5.1. You expressly agree that use of the community areas and the Art Almanac sites is at your sole risk. Neither Bandicoot Publishing Pty Ltd, its affiliates or any of their respective employees, agents, third-party content providers or licensors warrant that the Art Almanac sites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of the Art Almanac sites or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.

5.2. The Art Almanac sites and the community areas are provided on an “As Is”, “As Available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

5.3. The Disclaimers of liability contained in this section 5 apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Bandicoot Publishing Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

5.4. In no event will Art Almanac or any person or entity involved in creating, producing or distributing the Art Almanac sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Art Almanac sites or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 shall apply to all content on the Art Almanac sites and/or the community areas. Bandicoot Publishing Pty Ltd’s liability to users, if any, shall in no event exceed the total amount paid to Bandicoot Publishing Pty Ltd.

5.5. Bandicoot Publishing Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Art Almanac sites, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorised Art Almanac employee spokespersons while acting in their official capacities. Under no circumstances will Bandicoot Publishing Pty Ltd be liable for any loss or damage caused by your reliance on information obtained through either the content on the Art Almanac sites and/or any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Art Almanac sites and/or the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.

5.6. Bandicoot Publishing Pty Ltd does not endorse, warrant or guarantee any products or services offered through the Art Almanac sites and will not be a party to or in any way monitor any transaction between users and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. Bandicoot Publishing Pty Ltd makes products or service available on the Art Almanac sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.

5.7. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither Bandicoot Publishing Pty Ltd nor its third-party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither Bandicoot Publishing Pty Ltd nor its third-party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in the Art Almanac sites shall be construed as investment advice. Art Almanac is not a registered broker-dealer or investment advisor and does not give investment advice.

6. Indemnification

You agree to defend, indemnify and hold harmless Bandicoot Publishing Pty Ltd, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Art Almanac sites and/or the Community Areas.

7. Termination

Bandicoot Publishing Pty Ltd shall have the right to immediately terminate this Agreement with respect to any user which Art Almanac, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 9 shall survive termination of this Agreement.

8. Trademarks

All trademarks appearing on the Art Almanac sites are the property of their respective owners, including, in some instances, Bandicoot Publishing Pty Ltd.

9. Miscellaneous

This Agreement and any operating rules for the Art Almanac sites and the Community Areas established by Bandicoot Publishing Pty Ltd constitute the entire Agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral Agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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