Terms of Use

Australian Art & Leisure Pty Ltd, publisher of Australian Art Review (aAR) maintains this website (the "Site") as a service to its readers, customers and partners.

By using the Site, you agree to comply with and be bound by the following terms and conditions (the "Agreement"), which we may change at any time by posting notice on the Website. Please read this Agreement carefully, and please check these terms and conditions periodically for changes. If you do not agree to these terms and conditions, please do not use the Site. Use of the Site is limited to individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, our services are not available to minors.

In addition, when using any particular service of the Site, you may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement.

  1. Using the Site

    All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Site, all of the foregoing provided by Australian Art & Leisure Pty Ltd, and any of the foregoing sent to you by email or other means (collectively, the "Site Content") are copyright and/or proprietary to us or to third parties.

    Australian Art & Leisure Pty Ltd authorises you to view, download, and print the Site Content subject to the following conditions: (i) you may only download and print the Site Content in limited quantities as required to evaluate whether the goods and services of Australian Art & Leisure Pty Ltd are appropriate for your use; (ii) you may not use any automated process or software program to view, download, print or otherwise use the Site Content; (iii) you may not use any of the Site Content for the purpose of soliciting, for any service or product, companies that have information included in the Site Content; (iv) you may not modify the Site Content; (v) any displays or printouts of the Site Content must be marked "© 2014 Australian Art & Leisure Pty Ltd. All rights reserved."; and (vi) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, copying; modifying; storing for any period of time, for any use other than specified in (i) above; reproduction; redistribution; republication; uploading; posting; transmitting; distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Australian Art & Leisure Pty Ltd. To request permission, you may contact Australian Art & Leisure Pty Ltd at privacy@artreview.com.au.

    All software used on the Site is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

    The marks Australian Art & Leisure Pty Ltd, Australian Art Review and aAR are proprietary to us, and may not be used in connection with any service or products other than those provided by Australian Art & Leisure Pty Ltd, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Australian Art & Leisure Pty Ltd.

    You agree, and represent and warrant, that your use or other exploitation of the Site and the Site Content, or any portion thereof, will be consistent with the foregoing licence and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Site, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

  2. Although the Site discusses visual arts and other art-related issues, the Site itself does not provide specific recommendations or advice

    The Site is designed to provide useful material and a forum for those interested in the arts and other matters related to the arts. The Site does not provide specific recommendations for any particular situation or circumstances, even if materials cited on, identified by or obtained as a result of using the Site do so. Such recommendations may only be provided by a qualified professional advisor who is familiar with your particular circumstances and other relevant information.

    In part because Australian Art & Leisure Pty Ltd is not involved in the purchase or sale of any materials that the Site may discuss, if a dispute arises between you and any seller or purchaser of such materials, you understand that Australian Art & Leisure Pty Ltd has no obligation to become involved, and you hereby release Australian Art & Leisure Pty Ltd from all claims, demands and damages (actual, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to any such dispute. You hereby waive any legal protections of any jurisdiction that may apply to you that would limit the foregoing release in any way.

  3. Links to third-party websites are not endorsements

    This Site contains links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked website by Australian Art & Leisure Pty Ltd. Links to merchants or advertisers are owned and operated by independent retailers or service providers; therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

  4. Warranty disclaimer and limitation of liability

    Australian Art & Leisure Pty Ltd publishes material in good faith and makes no representations or warranties of any kind regarding the Site and the Site Content. The Site and Site Content are provided in "as is" condition, and Australian Art & Leisure Pty Ltd expressly disclaims any and all warranties, whether express or implied, including: (i) all warranties of merchantability, fitness for a particular purpose, title, non infringement, and any and all warranties arising from course of dealing and usage of trade; (ii) that the Site and the Site content will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, (iii) as to the results that may be obtained from the operation, use or other exploitation of the Site or the Site Content, (iv) as to the accuracy or reliability of any information obtained from the Site or the Site Content and (v) as to any partner site or its contents. No advice or information, whether oral or written, obtained by you from Australian Art & Leisure Pty Ltd or through the Site or Site Content will create any warranty not expressly stated herein.

    You use the Site and the Site Content at your own risk, and Australian Art & Leisure Pty Ltd will not be liable for any damages of any kind arising from or relating to their operation, use or other exploitation. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Site or the Site Content, including any allegation or claim that Australian Art & Leisure Pty Ltd has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Site or the Site Content.

    Under no circumstances will you be entitled to recover from Australian Art & Leisure Pty Ltd or any of its partners any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the Site or Site Content, even if Australian Art & Leisure Pty Ltd or its Partners have been informed or should have known of the possibility of such damages.

  5. Your indemnity of Australian Art & Leisure Pty Ltd and its Partners; Termination of Use

    You agree to indemnify and hold Australian Art & Leisure Pty Ltd and its Partners harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and legal expenses (including reasonable and professional fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Site or Site Content. For any indemnified matter, Australian Art & Leisure Pty Ltd and its Partners will have full control of the response thereto and the defence thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with Australian Art & Leisure Pty Ltd and its Partners in such matters.

    Australian Art & Leisure Pty Ltd and any of its Partners may, at their option, terminate any person or entity's access to any or all of the Sites upon any breach of the terms and conditions of this Agreement or for any other reason.

  6. Privacy Policy

    Australian Art & Leisure Pty Ltd is concerned about user privacy and operates the Site under the Privacy Policy published here. We urge you to read this policy now and, because the policy is updated from time to time, you should check regularly for updates. If you choose to gain access to the Site from locations other than Australia or New Zealand, you will be responsible for compliance with all local laws of any such other location.

  7. Miscellaneous

    No delay or omission by Australian Art & Leisure Pty Ltd in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Australian Art & Leisure Pty Ltd of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Australian Art & Leisure Pty Ltd regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

© Copyright of artist images resides with the artist and may not be copied, reproduced or transmitted without prior written permission. Contravention would be an infringement under the Copyright Act 1968. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy.
Issue 38