TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS
1.1 These Terms and Conditions apply to the entire contents of www.artristiccornwall.net
("the Website") and to any correspondence by e-mail between Artistic Cornwall and you.
Please read these terms carefully before using the Website. Using the Website indicates
that you accept these terms regardless of whether or not you choose to register with us.
If you do not accept these terms, you must leave the Website immediately.
Artistic Cornwall reserves the right to change these Terms and Conditions and our
Etiquette and Site Policy at any time, and your continued use of the Website following
any changes shall be deemed to be your acceptance of such changes.
2. ACCURACY OF INFORMATION
2.1 Artistic Cornwall does not act as an agent. We simply provide a forum where artists
can display their works and exchange ideas. We do not take part in, or hold any
responsibility for, any transactions between parties. The transfer of money, whether by
cash, cheque or electronic transfer, is the sole responsibility of the artist and the buyer.
2.2 The contents of the Website do not constitute advice and should not be relied upon in
making or refraining from making, any decision.
3. ARTISTS’ INFORMATION
3.1 It is the Artists’ responsibility to ensure that the information provided is accurate,
legal and decent and complies with English law.
3.2 It is the Artists’ responsibility to ensure that the information they supply does not
breach any copyright, trademark or other intellectual property rights. Artistic Cornwall
will not be held responsible for any such breaches.
3.3 Artistic Cornwall reserves the right to remove any postings not adhering to these terms.
4. VISITOR MATERIAL AND CONDUCT
You are prohibited from posting or transmitting to or from the Website any material:
4.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or
inconvenience; or
4.1.2 for which you have not obtained all necessary licences and/or approvals; or
4.1.3 which constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of or infringe the rights
of any third party, in any country in the world; or
4.1.4 which is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software
or harmful data); or
4.1.5 that is contrary to any other terms contained in these Terms and Conditions or our
Etiquette and site Policy.
You may not misuse the Website (including, without limitation, by hacking). Any misuse of
the Website may result in you being banned from the Website. Your membership fee is
non-refundable in these circumstances. Artistic Cornwall shall fully co-operate with
any law enforcement authorities or court order requesting or directing Artistic Cornwall
to disclose the identity or locate anyone posting any material in breach of clause 4.1 or
clause 4.2.
5. REMOVAL OF ARTWORK
Artistic Cornwall reserves the right to remove artwork from the gallery. Circumstances
which may lead to such action are outlined in, but not limited to, our Etiquette and Site
Policy.
6. REMOVAL OF FORUM POSTINGS
Artistic Cornwall reserves the right to remove postings from the forums. Circumstances
which may lead to such action are outlined in, but not limited to, our Etiquette and
Site Policy.
7. BREACHES OF ETIQUETTE AND SITE POLICY
7.1 A violation of our Etiquette and Site Policy will result in a warning being sent via
the Artistic Cornwall notes system. Persistent breaches may result in you being banned
from the Website. Examples of breaches can be found in, but are not limited to, our
Etiquette and Site Policy.
7.2 Artistic Cornwall will not tolerate attempts to exploit or disrupt the layout,
navigability, or general use of the Website. Artificial manipulation of the favourites
voting system by means of extra accounts, facetious use, or other intentional misuse
will be treated as an exploit. Such actions disrupt the ability of the community to
access and review artwork, and are considered Site Abuse.
7.3 Artistic Cornwall will issue no warnings for Site Abuse. Violators will be banned
immediately upon the discovery of disruption or abuse.
8. LINKS TO AND FROM THIRD PARTY WEBSITES
8.1 The Website includes links to third party websites that are controlled and maintained
by others. Artistic Cornwall is not responsible for the content or availability of these
websites. Artistic Cornwall does not endorse or make any representations about them, or
any material found there, or any results that may be obtained from using them. If you
decide to access any third party websites, you do so entirely at your own risk.
8.2 If you would like to link to the Website, you may only do so on the basis that you
link to, but do not replicate, the home page of the Website, and subject to the following
conditions:
8.2.1 you do not remove, distort or otherwise alter the size or appearance of the Artistic
Cornwall logo;
8.2.2 you do not create a frame or any other browser or border environment around the
Website;
8.2.3 you do not in any way imply that Artistic Cornwall is endorsing any products or
services other than its own;
8.2.4 you do not misrepresent your relationship with Artistic Cornwall nor present any
other false information about Artistic Cornwall;
8.2.5 you do not link from a website that is not owned by you; and
8.2.6 your website does not contain content that is distasteful, offensive or controversial,
infringes any intellectual property rights or other rights of any person or otherwise does
not comply with all applicable laws and regulations.
8.3 Artistic Cornwall expressly reserves the right to revoke the right granted in
clause 8.2 for breach of these terms and to take any action it deems appropriate.
8.4 You shall fully indemnify Artistic Cornwall for any loss or damage suffered in breach
of clause 8.2.
9. REGISTRATION
Each registration is for a single user only. Artistic Cornwall does not permit you to
share your user name and password with any other person nor with multiple users on a
network. Responsibility for the security of any passwords issued rests with you.
10. COPYRIGHT
10.1 All copyright, trade marks and all other intellectual property rights in the Website
and its content (including without limitation the Website design, text, graphics and all
software and source codes connected with the Website) are owned by or licensed to Artistic
Cornwall or otherwise used by Artistic Cornwall as permitted by law.
10.2 In accessing the Website you agree that you will access the content solely for your
personal, non-commercial use. None of the content may be downloaded, copied, reproduced,
transmitted, stored, sold or distributed without the prior written consent of the
intellectual property owner. This excludes the downloading, copying and/or printing of
pages of the Website for personal, non-commercial home use only.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Artistic Cornwall endeavours to make the site available on a continuous basis; however
we cannot warrant the site will be available 24 hours a day.
11.2 Artistic Cornwall reserves the right to change or remove (temporarily or permanently)
any part of the Website without notice and you confirm that Artistic Cornwall shall not be
liable to you for any such changes or removal.
11.3 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any conditions,
warranties or other terms of any kind, whether express or implied, including but not limited
to the implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
11.4 Artistic Cornwall and any other party (whether or not involved in creating, producing,
maintaining or delivering the Website) excludes all liability and responsibility for any
amount or kind of loss or damage that may result to you or a third party (including, without
limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort (including, without
limitation, negligence), contract or otherwise) in connection with the Website in any way or
in connection with the use, inability to use or the results or use of the Website, any
websites linked to the Website or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer equipment, software, data or
other property on account of your access to, use of, or browsing the Website or your
downloading of any material from the Website or any websites linked to the Website.
11.5 Nothing in these Terms and Conditions shall exclude or limit Artistic Cornwall’s
liability for:
11.5.1 death or personal injury caused by negligence (as such term is defined under the
Unfair Contract Terms Act 1977); or
11.5.2 fraud; or
11.5.3 misrepresentation as to a fundamental matter; or
11.5.4 any liability which cannot be excluded or limited under applicable law.
11.6 If your use of material on the Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
12. INDEMNITY
You agree to indemnify and hold Artistic Cornwall and its employees and agents harmless
from and against all liabilities, legal fees, damages, losses, costs and other expenses
in relation to any claims or actions brought against Artistic Cornwall arising out of any
breach by you of these Terms and Conditions, our Etiquette and Site Policy or other
liabilities arising out of your use of this Website.
13. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction then such Term or
Condition shall be severed and the remaining Terms and Conditions shall survive and
remain in full force and effect and continue to be binding and enforceable.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law
of England. Disputes arising in connection with these Terms and Conditions shall be
subject to the exclusive jurisdiction of the English courts.
15. CONTACT DETAILS
The Artistic Network Limited
T/A Artistic Cornwall
Walker House
Market Place
Somerton
Somerset
TA11 7LZ
ompany Number 5523095
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