Welcome to ArtSales.com.au...
We offer our services to you subject to the following conditions:
P L E A S E N O T E
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If you visit ArtSales.com.au,
sell, buy or commission works of art at ArtSales.com.au,
you are signifying your acceptance of these conditions.
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Privacy and security
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Electronic communications
When you visit ArtSales.com.au or send e-mails to us, you are communicating with
us electronically indicating your consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
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Copyright
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of ArtSales.com.au or its content suppliers and protected by Australian
and international copyright laws. The compilation of all content on this site is
the exclusive property of ArtSales.com.au and protected by Australian and
international copyright laws. All software used on this site is the property of
ArtSales.com.au or its software suppliers and protected by Australian and
international copyright laws.
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Copyright and trademark complaints
ArtSales.com.au, its represented artists and its affiliates respect the
intellectual property of others. If you believe that your work has been copied
or used on this site in a way that constitutes copyright or trademark
infringement, please follow the procedure on our Notice of Claims of Copyright
or Trademark Infringement. Upon receipt of any bona fide claim of infringement,
or upon becoming aware of any actual or alleged infringement by any other means,
ArtSales.com.au will remove such actual or alleged infringing products from the
site pending our investigation.
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Trademarks
ArtSales.com.au, and other ArtSales.com.au graphics, logos, page headers, button
icons, scripts, and service names are trademarks or registered trademarks of
ArtSales.com.au and may not be used in connection with any product or service
that is not ArtSales.com.au's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits ArtSales.com.au.
All other trademarks not owned by ArtSales.com.au or its affiliates that appear
on this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by ArtSales.com.au or its
affiliates.
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License and site access
ArtSales.com.au grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of ArtSales.com.au. This
license does not include any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, modified or otherwise exploited for
any commercial purpose without express written consent of ArtSales.com.au.
You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of ArtSales.com.au and our affiliates without express written consent. You
may not use any meta tags or any other "hidden text" utilizing ArtSales.com.au's
name or trademarks without the express written consent of ArtSales.com.au. Any
unauthorized use terminates the permission or license granted by
ArtSales.com.au. You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of ArtSales.com.au so long as the link does
not portray ArtSales.com.au, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any ArtSales.com.au logo or other proprietary graphic or trademark as part of
the link without express written permission.
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Your account
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. ArtSales.com.au does sell products for children, but it sells them
to adults, who can purchase with a credit card. If you are under 18, you may use
ArtSales.com.au only with involvement of a parent or guardian. ArtSales.com.au
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
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Profiles, comments, communications, and other content
Visitors may send e-cards, articons and other communications, and may publish
profiles relating to themselves, their work and interests, submit suggestions,
ideas, comments, questions, or other information, but may not:
•include content that is illegal, obscene,
threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable
•include content that contains software
viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of "spam"
•use a false e-mail address, impersonate any
person or entity, or otherwise mislead
as to the origin of an e-card, articon or other content. If you do post content
or submit material, and unless we indicate otherwise, you grant ArtSales.com.au
a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant ArtSales.com.au the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify ArtSales.com.au or its affiliates for all claims resulting from
content you supply. ArtSales.com.au has the right but not the obligation to
monitor and edit or remove any activity or content. ArtSales.com.au takes no
responsibility and assumes no liability for any content posted by you or any
third party.
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Risk of loss
All items purchased from ArtSales.com.au are made pursuant to our purchase
agreement. This means that the risk of loss and title for such items pass to you
upon the artists delivery to the carrier.
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Product descriptions
Artsales.com.au and its represented artists and affiliates, attempt to be as
accurate as possible. However, ArtSales.com.au does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered on ArtSales.com.au or by its
represented artists is not as described, your sole remedy is to return it in
unused condition.
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Pricing
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, as set by
the artist or seller, or estimated in accordance with standard industry
practice; or the estimated retail value for a comparable work offered elsewhere.
The List Price is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day.
With respect to items sold by ArtSales.com.au, we cannot confirm the price of an
item until you order; however, we do NOT charge your credit card until after
your order has entered the shipping process. Despite our best efforts, it is
possible some works on our site may be mispriced. If a work's correct price is
higher than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such reasons
for cancellation.
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Other businesses
Where Atsales.com.au provide links to the sites of affiliated companies and
certain other businesses, we are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or individuals
or the content of their Web sites. ArtSales.com.au does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties. You should carefully review their privacy
statements and other conditions of use.
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Disclaimer of warranties and limitation of liability
This site is provided by ArtSales.com.au on an "as is" and "as available" basis.
ArtSales.com.au makes no representations or warranties of any kind, express or
implied, as to the operation of this site or the information, content,
materials, or products included on this site. You expressly agree that your use
of this site is at your sole risk.
To the full extent permissible by applicable law, ArtSales.com.au disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
ArtSales.com.au does not warrant, despite our best efforts, that this site, its
servers, or e-mail are free of viruses or other harmful components.
ArtSales.com.au will not be liable for any damages of any kind arising from the
use of this site, including, but not limited to direct, indirect, incidental,
punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or
all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights.
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Applicable law
By visiting ArtSales.com.au, you agree that the laws of the state of Victoria,
without regard to principles of conflict of laws, will govern this Acceptable
Use Policy and any dispute of any sort that might arise between you and
ArtSales.com.au, its artists, or its affiliates.
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Disputes
Any dispute relating in any way to your visit to ArtSales.com.au or to works you
purchase through ArtSales.com.au shall be submitted to confidential arbitration
in Melbourne, Victoria, except that, to the extent you have in any manner
violated or threatened to violate ArtSales.com.au's intellectual property
rights, ArtSales.com.au may seek injunctive or other appropriate relief in any
state or federal court in the state of Victoria, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the Victorian Arbitration Tribunal.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
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Site policies, modification, and severability
Please review our other policies posted on this site. These policies also govern
your visit to ArtSales.com.au. We reserve the right to make changes to our site,
policies, and this Acceptable Use Policy at any time and without notice. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
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