REMEMBER WHEN ART WEBSITE TERMS OF USE
1. Terms of use
1.1. In these terms of use, "we", "us" and "our" means Kirstie Page of Remember When Art (ABN [3 118 913 909) of The Gap, Queensland, 4061. Please read these terms of use carefully as they apply to your use of this website including any content on it (Website). By accessing or using the Website you agree to be bound by these terms of use.
1.2. We may revise these terms of use from time to time. We will display a notice on the Website indicating when any such revisions have been made.
2. Copyright and other rights
2.1. The Website is subject to copyright and possibly other intellectual property rights.
2.2. The text, images, works and all data, in particular the paintings, artworks, poetry and stories etc featured on the Website are also protected by copyright.
2.3. Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on the Website
3.1. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
3.2. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.
3.3. Except as provided in these terms of use, permission to use or copy the Remember When Art Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@rememberwhenart.com if you wish to seek such consent.
3.4.Subject to applicable law, we may revoke the permission referred to in clauses 3.1and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Remember When Art Website, including the Website blog, without notice.
4. Linking to the Website
4.1. We encourage you to provide links to the Remember When Art Website. While you may use the name “www.rememberwhenart.com” in the text of any such link, you may not use the Remember When Art logo or any of our other trade marks without our prior written consent.
4.2. You must not frame the Website, www.rememberwhenart.com or represent or imply that any part of the Website belongs to anyone other than us.
4.3. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. Accuracy of content
5.1. While every effort has been made to show as accurately as possible the colours of the artwork that appear on the Website, we cannot guarantee that your computer monitor will display the colour of the artwork accurately.
5.2. Some of the information on the Website may be provided by third parties, including some descriptions and symbolism definitions of the artwork. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
6. Registration
6.1. You are not required to register to use the Website.
6.2. However certain features on the Website may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
6.3. You may cancel your registration by notifying us at info@rememberwhenart.com and providing your user name
7. Email and SMS services
7.1. The Website provides various ways for you to receive emails from us, such as alerts when new artworks/content is made available. You can manage these emails from us and elect not to receive any further communications by contacting us at info@rememberwhenart.com or by using the “unsubscribe” function on emails.
7.2. The Website also allows other users to send you emails about content on the Website, such as our “email a friend” function. We do not control the users of the Website and cannot be held responsible for emails that may be sent to you in this manner. If you send such an email, you must ensure that the recipient wishes to receive the email.
7.3. If you receive unwanted emails from us, you may contact us to request that emails to you be discontinued by emailing us at hello@kirstiepageart.com or by using the unsubscribe feature on email communications.
7.4. We are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
8. Blogging
8.1. When registering to use the Website blog, you may be requested to provide personal information such as your name, email address and date of birth. We will deal with your personal information in accordance with our privacy practices in clause 14 (Privacy policy).
8.2. We may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You agree not to share your password with anyone else.
Removal and suspension
8.3. We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these terms of use.
8.4. We may suspend or cancel your use of the Kirstie Page Art blog and/or “email a friend” function, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use.
Content of user postings
8.5. The material provided and views expressed by users are the materials of those users and are not ours.
Affirmation regarding age
8.6. By using the Website blog, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
9. Your content
Your responsibilities
9.1. You must not provide any material through the Remember When Art Website blog and/or “email a friend” function (Your Content) that:
a) infringes the intellectual property or other rights of another person;
b) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c) relates to unlawful conduct;
d) creates a privacy or security risk to any person, including by soliciting personal information from any person;
e) solicits money from any person;
f) is false, misleading or deceptive;
g) contains financial, legal, medical or other professional advice;
h) would harm, abuse, harass, stalk, threaten or otherwise offend;
i) would reflect negatively on us, including our goodwill, name and reputation;
j) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
k) would breach any applicable laws; or
l) would otherwise result in civil or criminal liability for you, us or any third party.
9.2. By posting Your Content to the Website blog, you:
a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sub-licence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
b) warrant that you have the right to grant such licence.
Indemnity
9.3. You agree to indemnify and hold Kirstie Page of Remember When Art (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.
10. General restrictions
10.1. In using the Website, you must not:
a) provide us with inaccurate or incomplete information;
b) violate any applicable laws, or use the Website for any purpose
c) use the email functionality of the Website to send unwanted emails or spam;
d) distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
e) collect or store personal data about other users of the Website; or
f) engage in any other conduct that inhibits any other person from using or enjoying the Website.
11. Warranties and liabilities
11.1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
11.2. In particular, and without limiting paragraph 11.1:
a) while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Remember When Art Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
b) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
11.3. We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.
11.4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 100.
11.5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
a) special, indirect, consequential, incidental or punitive damages; or
b) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
11.6. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
12. Variation of the Website
12.1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
13. Links and advertisements
13.1. The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
14. Privacy policy
14.1. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with Australian privacy legislation.
14.2. You may update any personal information you have given us at any time by emailing info@rememberwhenart.com
14.3. Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
15. Force majeure
15.1. Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
16. Infringing or objectionable content
16.1. If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please follow the below policy:
Making a complaint
If you would like to make a complaint because you believe content on the Website is objectionable, or infringes copyright or any other rights, please use the “report abuse button” or contact us at info@rememberwhenart.com and:
a) specify the content which you allege is infringing or objectionable;
b) provide an explanation of why you believe the content is infringing or objectionable; and
c) provide your contact details.
Specifically in relation to alleged infringement of copyright, your complaint should include the following additional information:
a) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised;
b) identification of the copyrighted work claimed to have been infringed;
c) identification of the material that is claimed to be infringing;
d) contact information to enable us to contact the copyright owner (or his or her agent), such as an address, telephone number and email; and
e) a statement that the information in the notification is accurate, and under penalty of perjury, that the notifier is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice and take down process
Upon receiving notification of objectionable content or an allegation of infringing content, the notice and take down process is as follows:
a) we will contact you within 5 business days and confirm that we have received your notification;
b) we will undertake some investigations in relation to your notification. We reserve the right, in our sole discretion, to disable access to the content while we undertake any investigations. We may also prevent a user from accessing the blog, pending a decision being made in relation to the content. Our investigations may take up to 30 days;
c) a decision will be made in relation to the content in question. Immediately following the decision, we will, in our sole discretion, either:
(i) remove, modify or reformat the content. We may also permanently prevent a user from accessing the blog; or
(ii) make no modification to the content and, if we previously disabled access, re-enable access.
If you are dissatisfied with our handling of your complaint, you may escalate it to the Australian Communications and Media Authority.
17. General provisions
17.1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
17.2. These terms of use are governed by the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
Date of last revision: 16 October 2020