TERMS OF SERVICE
ACCEPTANCE OF TERMS
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
This website and its components are offered for informational purposes only; this website shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any error or omissions in that information.
BY USING THE COLLAGE COLLECTIVE CO WEBSITE YOU AGREE TO ALL THE TERMS BELOW.
DESCRIPTION OF SERVICE
This website is an online community which enables collage and mixed media artists as well as art lovers to view featured artist’s works and words, share comments, opinions and ideas, participate in contests and promotions, and access and/or purchase services from time to time made available on the website (“Services”). Services include, but are not limited to, any service and/or content Collage Collective Co makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the website or through the Services. Content (“content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the website or any other reason within or outside the control of Collage Collective Co. Collage Collective Co reserves the right to suspend or discontinue the availability of the website and/or any Service and/or remove any content at any time at its sole discretion and without prior notice. Collage Collective Co may also impose limits on certain features and Services or restrict your access to parts of or all of the website and the Services without notice or liability. The website should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all content uploaded on the website.
WE ARE AN ART COMMUNITY AND PROVIDE ONLINE INTERVIEWS, AN ARTIST DIRECTORY AND SHARE ART EVENTS AND WE WILL DEVELOP MORE FEATURES AND SERVICES IN THE FUTURE. AT TIMES THINGS CAN GO WRONG AND THE SERVICE MAY BE INTERRUPTED. UNLIKELY, BUT SOMETIMES THINGS CAN GO REALLY WRONG.
CONTENT AND INFORMATION SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before submitting any content to Collage Collective Co and the website. By submitting content to Collage Collective Co and the website you are granting Collage Collective Co a worldwide, non exclusive license to use the content and are representing and warranting to Collage Collective Co that the content is owned or duly licensed by you, and that Collage Collective Co is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Collage Collective Co's agreement to allow you to submit content to Collage Collective Co and the website and Collage Collective Co's agreement to publish such content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Collage Collective Co as follows:
- You acknowledge that:
- By submitting content to Collage Collective Co and the website you retain full rights to those works that you had prior to uploading.
- By submitting content to Collage Collective Co and the website you hereby grant to Collage Collective Co a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content in connection with the Services. This license will exist for the period during which the content is posted on the website and will automatically terminate upon the removal of the content from the website;
- The license granted to Collage Collective Co includes the right to use your content fully or partially for promotional reasons and to distribute and redistribute your content to other parties, web-sites, applications, and other entities, provided such content is attributed to you in accordance with the credits if any and as appropriate, all as submitted to Collage Collective Co by you;
- Collage Collective Co makes no representation and warranty that content submitted and displayed on the website will not be unlawfully copied without your consent. Collage Collective Co does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of content posted on the Site and you hereby expressly authorise Collage Collective Co to permit users and visitors to the website to make such low resolution copies of your content; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your content and any intellectual property rights or other proprietary rights associated with your content.
- You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all content you submit to Collage Collective Co and the website;
- You have the full and complete right to enter into this agreement and to grant to Collage Collective Co the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Collage Collective Co of the content as contemplated herein; and
- The content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Collage Collective Co, all of which such rights are hereby expressly and irrevocably waived by you in favour of Collage Collective Co.
YOUR CONTENT WILL PRESERVE WHATEVER COPYRIGHT THEY HAD BEFORE UPLOADING TO THIS SITE. WE WILL PROTECT THE COPYRIGHT AND WILL NOT SELL YOUR CONTENT WITHOUT YOUR PERMISSION.
ARTIST DIRECTORY SERVICE
Collage Collective Co provides services to holders of its ’Paid' ("Premium") and ‘Free’ (“Standard”) directory accounts. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to Premium and Standard directory accounts:
- Services available to Premium and Standard directory accounts are described on the Directory Plan page.
- Collage Collective Co may modify, suspend or discontinue Services provided to Premium and Standard directory accounts at any time at its sole discretion and without prior notice.
- Premium directory account holders are provided a yearly subscription listing as stated on the Directory Plan page. Collage Collective Co will provide an indefinite Standard directory account for those Premium directory account holders that terminate their subscription before or don’t renew their account after the annual subscription period.
WE OFFER FREE AND PAID DIRECTORY ACCOUNTS. CANCELLED OR EXPIRED PREMIUM DIRECTORY ACCOUNTS WILL BE GRANTED AN INDEFINITE STANDARD DIRECTORY ACCOUNT.
FAIR USAGE POLICY
Collage Collective Co maintains a fair usage policy to ensure stable and fast service to all users.
Standard accounts are limited to an artist’s name and a portfolio/website link for an indefinite subscription period. Any additional requests are welcome but may result in a charge to your account. Collage Collective Co will determine the charge figure based on the requested extra(s).
Premium accounts are limited to an image plus the artist’s name and a portfolio/website link for a 365 day subscription period*. Any additional requests are welcome but may result in an additional charge to your account. Collage Collective Co will determine the additional charge figure based on the requested extra(s).
*In the case of a leap year the 365 day subscription period remains.
OUR FREE DIRECTORY ACCOUNT LASTS FOREVER AND OUR PAID DIRECTORY ACCOUNT LASTS FOR A YEAR. PAID EXTRAS ARE AVAILABLE TO GIVE YOUR LISTING THAT SPECIAL TOUCH.
Collage Collective Co may terminate or suspend any and all Services and/or your directory account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your directory account, you may simply contact firstname.lastname@example.org. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Collage Collective Co respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content posted on the website infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Collage Collective Co will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating directory accounts and access to the website.
To notify Collage Collective Co of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Collage Collective Co to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
If we remove or disable access to content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected content. If you feel that your content is not infringing, you may provide Collage Collective Co with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable Collage Collective Co to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Collage Collective Co has no control over such sites and resources, you acknowledge and agree that Collage Collective Co is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Collage Collective Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
SOME PEOPLE MAY POST LINKS AND WE ARE NOT RESPONSIBLE FOR THOSE LINKS.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Collage Collective Co, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the website and the Services.
You hereby agree to indemnify and hold harmless Collage Collective Co, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) content posted on the website, (iii) the use of the Services, by you or any person posing as you on Collage Collective Co, (iv) any violation of any rights of a third party.
WE ARE NOT LIABLE IF SOMETHING GOES REALLY WRONG. ALWAYS HAVE A BACKUP OF YOUR IMAGES.
LIMITATION OF LIABILITY
In no event shall Collage Collective Co be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the website, the service or any content for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
AGAIN, WE ARE NOT LIABLE, WE JUST LOVE COLLAGE ART.
Collage Collective Co reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Collage Collective Co will notify you by posting an announcement on the site. What constitutes a material change will be determined at Collage Collective Co's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Collage Collective Co in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Collage Collective Co shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Collage Collective Co's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Collage Collective Co may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Australia, as if made within Australia between two residents thereof, and the parties submit to the exclusive jurisdiction of the Australian courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.