Terms of Use

Terms and Conditions for use of www.visualarts.net.au

A. These are the Terms and Conditions of Use for the website for the National Association for the Visual Arts Ltd (NAVA):

1. Users of the site will agree not to use available personal information of other users for the purpose of direct marketing or commercial solicitation.
2. All information provided by NAVA pursuant to these terms and conditions is provided in good faith.
3. NAVA derives information from sources believed to be accurate and up to date as at the date of publication. NAVA nevertheless reserves the right to update this information at any time.
4. We do not make any representations or warranties that your access to this site will be uninterrupted, timely, secure or error free.
5. Your access to the NAVA Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
6. This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
7. NAVA is not responsible for the content or privacy practices associated with linked websites.
8. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
9. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may be damage your own computer system.
10. NAVA accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances behind NAVA’s reasonable control.

B. Comments and Discussion

The NAVA website has several areas where we invite you to contribute comment including (but not limited to) Opportunities, What’s On, articles and opinions. NAVA welcomes frank and open discussion however any comments or images found by the site administrators to be offensive, abusive or defamatory will be removed without notice. If you find that a comment or image left by a user is offensive, abusive or defamatory, please contact NAVA with a link to the comment and the site administrators will consider whether the material needs to be removed or edited.

B.1 Our Rights

1. NAVA retains the right and discretion (but not the obligation) to edit, delete, reject or remove any comment or image which you post or seek to post in the comments areas.
2. Upon your submission of material to the discussion forum, you assign all copyright which subsist in such material to NAVA.
3. NAVA retains the right and discretion to terminate your access to the comments areas if we believe you are abusing the services in any way, or have breached these terms and conditions.

B.2 Your Obligations

1. You will not post any comments or material in the comments which is (or could be reasonably expected to be:

• obscene, offensive, pornographic, vulgar, profane, indecent or illegal
• defamatory of any person
• racially or religiously vilifying, inciting violence or hatred, is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability
• which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
• owned by another person or entity; and you warrant that all material posted is your original work.

2. You will not use the comments areas for the purpose of:

• advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce
• providing any financial advice, or advice of any kind in relation to any financial product.
• procuring information for the purpose of direct marketing to other users of the site or comments area.

C. Intellectual Property

Except where expressly provided otherwise, you do not have any right, title or interest in or to any proprietary rights relating to material on the NAVA website. The NAVA website contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise, you may reproduce and display the material on the NAVA website for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

D. Disclaimer

Any opinions or advice expressed by third parties remain the responsibility of those third parties and NAVA does not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where information made available over this service contains opinion or judgement of third parties, NAVA does not accept liability for loss or damage caused by your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

E. Indemnities

1. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage suffered or caused directly or indirectly in connection with your use of this web site or any linked web site. NAVA does not accept any responsibility for any such loss arising out of your use or or reliance on information contained on or accessed though this web site.
2. You agree to fully indemnify and hold harmless NAVA and visualarts.net.au against any liabilities, claims, costs, loss (including consequential loss) or damage incurred as a result of any material you post in the comments areas, or as a result of any breach by you of these terms and conditions.
3. Notwithstanding any indemnity provided by you under these terms and conditions, NAVA and visualarts.net.au retain the right to assume the conduct of any defence to a claim brought against them, and of any proceeding or appeal issued by them, and you agree to provide all reasonable cooperation (including by making available relevant documents) that NAVA and visualarts.net.au may require from you in relation to any such claim, proceeding or appeal.

F. Security Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst NAVA strives to protect such information, NAVA cannot warrant security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. However, once information received, NAVA will take reasonable steps to preserve the security of such information.

G.

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.

H. Governing law

These terms and conditions shall be construed and applied in accordance with the laws of New South Wales, Australia, and you consent to the exclusive jurisdiction of the New South Wales Courts to determine any matter or dispute which arises under these terms and conditions in accordance with the laws of New South Wales, Australia.