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
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Copyright
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Copyright and trademark complaints
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Trademarks
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License and site access
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Your account
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Reviews, comments, communications, and other content
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Risk of loss
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Product descriptions
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Pricing
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Other business
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Disclaimer of warranties and limitation of liability
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Applicable law
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Disputes
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Site policies, modification, and severability
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Our address
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 resale or commercial use of this site or its contents; 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, 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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Reviews, comments, communications, and other content
Visitors may send e-cards, articons and other communications and may 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 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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