Conditions of Use

Agreement

In using this website you agree to our terms and conditions.

By accessing, browsing, signing up for and/or using this web site you agree to be bound by the following terms. It is important that you take the time to read and understand these terms to know your rights and obligations as a user. The use of this site including all software, text and images contained within it, is governed by these Terms and Conditions and the Privacy Statement. By accessing, viewing, uploading material to or otherwise using this site you indicate that you understand and intend these terms and conditions to be the legal equivalent of a signed, written contract. You accept these terms and conditions and agree to be legally bound by them.

We provide you with the opportunity to use this website in return for your agreement to always comply with these terms and conditions when using this site. If you do not agree with the terms and conditions, you are not granted permission to use the site and you should exit immediately.

You are legally responsible for your own actions when using this website.

You must not provide false information when registering or changing your registration details. You must not impersonate another person when using the site.

We do not, and are not practically able to, monitor or control the use made of this site by users. You are solely responsible for your actions and their legality under the applicable laws.

If you are using the site for your employer or another entity ("your Company"), you must be authorised to enter into these terms and conditions on behalf of your Company.

Please report violations of our terms and conditions.

To increase your enjoyment of this site, if you see anything that violates these rules, whether for reasons of copyright breach or otherwise, please let us know .

Our legal jurisdiction is Victoria, Australia.

By using this site you consent the exclusive jurisdiction of the courts of Victoria, Australia.

Operator

The operator and owner of this site is Base.co Pty Ltd.

This website is operated by Australian company Base.co Pty Ltd A.C.N. 120 898 099 ("we" or "us").

Changes

These terms and conditions may change at any time without notice.

We reserve the right to change these terms at any time, without notice. You agree to be bound by such changes and therefore you should periodically visit this page to review the current terms and conditions to which you are bound.

Minors

This site may contain adult content.

If you are under 18 years of age, you must obtain the consent of a parent or guardian prior to using the site. The site may sometimes contain mature content.

No information may be submitted to Art.Base by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 perform other legal acts on this site without such consent, unless permitted by applicable legislation.

Intellectual Property

You must have permission to publish content.

In displaying content, you warrant that you are authorised by the copyright owner to display or publish this content. You must not upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any contractual or other relationship with a third party. You must not upload, post, email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, moral rights or other intellectual property rights of any third party. If you are a gallery or other person intending to upload copyrighted art images or provide other copyrighted content for display on the site and you are not the copyright owner of the relevant images or content, then you must obtain the permission of the copyright owner for the images or other content to be displayed on this site before you upload or provide those images or other content.

In respect of content for which the copyright is owned by third parties, you may not reproduce, modify, adapt, or publish any of this content without obtaining the permission of the relevant copyright owner, except where content is made available under a Creative Commons license. Content made available under a Creative Commons license may be reused as per the terms of the specified Creative Commons license.

You or the copyright owner must not have granted any other entity or person exclusive rights, which are inconsistent with the rights you are granting to Base.co Pty Ltd.

If you see anything on this site that leads you to suspect or believe that there has been a breach of copyright, please contact us immediately via email. We will attempt to contact the parties concerned. We reserve the right to suspend or terminate any users who infringe any third party rights.

We may use your material to promote our website.

In uploading material to this site, you are interested in self-promotion and marketing of your name and or exhibitions and or artworks by making available to the public a selection of images and texts and or other material related to the exhibitions or artworks being publicised.

You understand that Art.Base may use your material in promotional and marketing material.

We allow search bots to access our images, which may result in thumbnail versions of your images appearing in search engine results. In uploading your images to our site you agree to these images appearing in external search engine results with the understanding that this will help promote your listing on our website.

All art galleries that create a profile on our website may receive promotional materials from Art.Base with the intention that these will be made available to visitors to their gallery.

We own copyright for your comments, unless…

We own the copyright for all comments posted to this site unless

* copyright for the material posted within comment is already owned by another party or
* a declaration of copyright ownership is included in the comment post. For example “this comment is copyright (name) (year).

We own the copyright for the content management system driving our website.

Copyright in all content displayed on the site resides with us, except the content in respect of which copyright is owned by third parties. The content for which we own the copyright includes, but is not limited to the layout, design, navigation, logos, buttons, text and graphic images on the site. Copyright is normally owned by third parties in respect of the art images displayed on the site. In respect of the content for which we are the copyright owners, no part of any such content may be reproduced, modified, adapted or published in any way for any commercial or non-commercial purposes whatsoever, except with our express written permission.

In using our website, you acknowledge that you do not own any software and you may not copy or modify the software in any way. Pages you create may be used for the purposes of displaying or selling your work however they are not owned by you.

Uploading material to our website gives us permission to use it.

Base.co Pty Ltd is interested in self-promotion and marketing of the Art.Base website on the Internet by making available the material you upload to the public.

In uploading material to this site you agree to provide the Art.Base website with high quality material and the promotional and marketing materials in relation to the listings and or profiles and / or other services as they become available.

During the term of this deal, which continues until termination, Artabase.net shall have the free-use license of your material, and the unrestricted free worldwide right to use on this site and in publicity and promotion generally the promotion and marketing material provided to the site.

The term of this deal commences from the date at which materials are uploaded and shall continue for the life of the copyright of the material or until terminated by either yourself or Base.co Pty Ltd as follows:
(i) the terminating party will promptly advise the other, in writing ("the termination notice"); and
(ii) Artabase.net will have 60 to remove from the site and any promotional material the content as requested in the termination notice.

This arrangement is mutually beneficial for users and Art.Base. As a user you acknowledge the invaluable promotion and marketing you derive from providing access to your material to others who may seek to find your exhibitions and artworks and potentially invest in your artwork or artworking.

We do not own copyright of your images, however we always retain the right to use the images

When images of artworks are uploaded to our website, we take no ownership over the work, or the images representing the work. However, as an online archive, and also for legal reasons, we will always keep a copy of the image/s representing the work.

When an artist sells an artwork, the artist need to stipulate in the sale terms whether or not the sale transfer also includes transfer of ownership for the copyright over images of the artwork. Regardless of who maintains ownership of copyright, we will still retain copies of the images, however we will not be owed any royalty payments for use of those images, as these will be legally required to be paid to the owner of the copyright.

Republication

You must not mirror this website.

You must not take the results from an Artabase.net search and reformat and/or display them without our express written permission. You must not mirror or frame any page of this site on a website belonging to you, your Company or any other third party without our express written permission. You must not send automated queries of any kind to the Artabase.net search engine or engage in data mining in any way related to the site without our express written permission.

However extracts of content can be displayed in search results if…

Content which has been submitted to our website may appear in web search engine results for the purposes of promoting our website and its users on the condition that any display of content from our website is accompanied by a link to our website, and is clearly presented as a search result which reflects only a truncated selection of the original full content it references. This may include the display of thumbnail images in search results for the purposes of further promoting our website and the images published on this website.

Responsibility For Content

You are responsible for providing quality content, but we may edit or suspend it.

Members are responsible for their own content, however we may edit or suspend material which we do not deem appropriate for this website. Base.co Pty Ltd has no obligation to review or edit this content, however we may do so if we chose to. Base.co Pty Ltd offers no warranty or guarantee as to the quality or authenticity of any work represented on this site, however where possible we will monitor information submitted to our website, and where we do not believe it is appropriate content for this website we may edit, suspend or delete the content from our website.

Your content must not contain any material which is in contravention of any State, Territory, Commonwealth or other relevant law.

Keep your password private or suffer the consequences.

You are responsible for the security of your password and carry sole liability for any loss or damage caused by the unauthorized use of that password.

We do not guarantee backups.

Whilst we maintain regular backups of our website, in the advent of complete loss of data, you will be responsible for re-uploading content you have provided to us. You are responsible for the backup of all information or content associated with your use of the site.

Third party content and sites we link to are not our problem.

The products, services and information of third parties displayed or described on this site are not endorsed by us. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services displayed on this site. If you decide to purchase any of these items from third parties, your legal relationship in respect of those products and services is with the third party supplier and not with us. You should check with the third party supplier what terms and charges will apply. We may receive fees and/or commissions from third parties in relation to their goods and services displayed on the site or accessible through a hyperlink. You acknowledge and consent to us receiving these fees and/or commissions.

This site may provide links to other websites, which are not under our control. We are not responsible in any way for the content or functionality of such other websites. We supply these links only as a convenience and the inclusion of a link to any other website does not imply endorsement by us of the content, products or services available at such websites. Any linking that you engage in to this site, off-site pages or other sites is at your own risk. You agree to be responsible and liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods and services available on or through any such other site.

Content and Behaviour

Keep it real or be suspended.

An Exhibition listing must relate to a real art exhibition occurring within an art gallery or other reputable context for the exhibition of artwork. An Exhibition listing must provide details of the location of the exhibition. If an exhibition listing contains material which we suspect may not relate to a real art exhibition we reserve the right to suspend this listing until the user who has uploaded this material provides evidence that the exhibition has occurred in an art gallery or other reputable context for the display of art.

Play nice.

You must not use Artabase.net in any way or email, transmit, post, upload any or otherwise make available any content that is unlawful, harmful, threatening, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racially or otherwise objectionable, or is contrary to any relevant codes or standards. You must not use Artabase.net in any way or email, transmit, post, upload any or otherwise make available any content that is harmful to another person, inhibits any other user from using or enjoying the site, or could give rise to civil or criminal proceedings. If your content is deemed to be offensive, or of insufficient quality, or otherwise unsuitable for Artabase.net, it may be removed from the site by Base.co Pty Ltd. ‘Unsuitability’ may be defined at the discretion of Base.co Pty Ltd.

No hacking thanks.

By exhibiting on this site, you agree that you will not interfere or attempt to interfere with the content or operation of the site through any means including, but not limited to, spamming, hacking, viruses or similar. You must not use the site to upload, post, email, transmit or otherwise make available any junk mail, spam, chain letters or pyramid schemes. You must not tamper with, hinder the operation of, or make unauthorised alterations to the site. You must not transmit any virus, computer code, files or programs to or via the site that interrupt, destroy or limit the functionality of any computer hardware or software.

Don’t Recycle Your Listings

You may not re-use your exhibition listings. An exhibition listing can only be used for a single exhibition. Users who are found to be in breach of these terms may have all of their listings suspended, even if they have paid for them.

The reason we can’t allow exhibition listings to be reused is because it damages our Search Engine placements. If Google expects to find a particular exhibition at a particular URL, and it later finds that the content is missing, it will no longer trust our website, and no longer provide links to our site.

Support

We will respond to support requests when we can.

Support services for Art.Base may be unavailable at any given time. Art.Base offers no warranty as to the timeliness of support or the ability of these support services to resolve problems you may experience using this site, however as a general rule we aim to respond to support requests within two working days.

Communication

As part of some services available through our site we may communicate with you via email to an email address nominated by you. You are responsible for ensuring that your contact details are current (including your email address), your email service is operational and that you check your emails regularly. You must notify us as soon as possible of any changes to your contact details for the services using the online method provided by us. If we receive an automated email non-delivery notification indicating you have not received the email that we have sent you, we may use reasonable endeavours to attempt to contact you using the other contact details that you submitted online, including non-electronic details, but we do not guarantee that we will be able to contact you.

Trademarks

Art.Base is a Registered Trade Mark owned by Base.co Pty Ltd. Nothing contained in this site shall be construed as granting you or anyone else any licence or right to use this mark without our permission.

Disclaimer of Warranties

Base.co Pty Ltd and all its directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents and legal representatives and related companies offer no warranty or guarantee that the service will be uninterrupted. You expressly understand that, to the extent permitted by law, your use of the service is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties as to merchantability, fitness for purpose, and non-infringement. No information or advice, whether written, oral or otherwise, obtained by you from us shall create any warranty at all.

Limitations of Liability

Art.Base will not be held liable for any loss or damage resulting from the supply or interrupted or late supply of services. You expressly understand and agree that, to the extent permissable by law, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages. This limitation includes, but is not limited to, damages for loss of profits, good will, use, data, or other intangible or tangible losses relating to the use of this service, even if we have been advised of the possibility of such damages. You agree that, to the extent permitted by law, any claim or cause of action by you, arising out of or related to your use of this site must be filed within one year after such claim or action arose or be forever barred.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against all injuries, liabilities, losses, claims, proceedings, damages, costs and expenses (including legal costs) relating to or arising from your use of this site and any breach by you of these terms and conditions.

Termination

You may stop using the site at any time.

We may stop making this site, or part of it, available without any reason at any time.

Base.co Pty Ltd may at its sole discretion withdraw, suspend or terminate services at any time for any reason and without prior notice to you. Reasons for suspension or termination of service may include but are not limited to: you being in breach of these terms and the breach is something which can not be remedied, or you fail to remedy the breach within 10 days of our written notice to you of that breach; you providing false, misleading or incomplete information to us or others via this site; us believing that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the site; you misusing or threatening to misuse any trademark or other intellectual property belonging to us; the law requiring us to do so; us believing that providing access to the site to you is illegal or may become illegal; the occurrence of an emergency; us ceasing to provide this service for whatever reason.

In the event of termination of services by Base.co Pty Ltd for a breach of these Terms and Conditions, Base.co Pty Ltd will not be liable to refund any monies paid.

Definitions

‘Promotional and Marketing Materials’ means: graphics, artwork, photos, biography, drawings, pictures, video recordings and all manner of promotional materials affiliated with the services provided by Base.co Pty Ltd.

Overdue Accounts

Accounts falling more than 90 days overdue will result in the cancellation of all services provided to the account holder.