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Temporary Gallery is an innovative online social news platform for visual and performing artists, art lovers, related industries and venues.

Temporary Gallery Terms and Conditions

These are the Temporary Gallery Terms of Use, Which are applicable to the service of Temporary Gallery, described as Temporary Gallery.

Temporary Gallery service

Temporary Gallery does not regulate the communication between users mutually or between users and the Temporary Gallery service as to its content. Therefore Temporary Gallery has no control over the quality, safety, lawfulness, integrity or accuracy of the various parts of the service. Temporary Gallery is not liable for the acts or omissions of its users including the files, data and/or materials they make available on the Temporary Gallery website. Therefore Temporary Gallery does not give warranties with regard to the content of files, data and/or materials provided by users. Any submission to our service expires after 12 months after the entry date

Account/profile

In order to be able to use Temporary Gallery, you apply for your own account in the manner described on the Website. Temporary Gallery may at its own discretion decide whether or not to provide you with an account. You guarantee to Temporary Gallery that the information provided by you to Temporary Gallery, is complete, truthful and accurate including your personal details such as your name and email address. You agree that we save your details and use them in connection with the management of your account.

Please consult our Privacy Statement in that regard. If you are not yet sixteen (16) you may only create an account subject to the prior consent of your parents or guardian. By accepting these Terms of Use you guarantee that you are aged sixteen (16) or over or have the consent of your parents or guardian to create an account. You may not create accounts in the name of another person, unless that other person has granted his/her consent to do so. You yourself are responsible for keeping the password of your account confidential to others and you will not grant others access to Temporary Gallery by using your account. You are liable for everything that happens because of others using your account with or without your consent or knowledge in the period prior to the time that you inform us of any unauthorised use. You can terminate your account at any required time please email office@temporarygallery.com.au to terminate your account.

Use of the Website

You guarantee to Temporary Gallery that you are entitled to make use of the Website and to act in accordance with these Terms of Use. You also guarantee to Temporary Gallery that you will at all times perform the obligations under these Terms of Use and that you will observe all laws and regulations governing the use of the Website. Without prejudice to the other clauses in these Terms of Use, the activities you carry out within the scope of Temporary Gallery may not:

• be based on lies and/or be misleading;
• infringe the rights of Temporary Gallery or third parties, including copyrights, neighboring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;
• infringe any law, regulation, bye-law or any other applicable regulations;
• contain viruses, Trojan horses, worms, bots or other programs that may damage, render useless or make inaccessible, delete or appropriate any automated work or data or that are meant to evade the Website’s technical protective measures and/or the computer systems of Temporary Gallery;
• be of a commercial nature, subject to the prior written consent of Temporary Gallery; or
• in any other way be unlawful towards Temporary Gallery and/or a third party.

Intellectual property rights

You acknowledge and agree that the Website contains files, other content and programs which are owned by Temporary Gallery, licensors and/or users of Temporary Gallery and which are protected by applicable intellectual property rights including, but not limited to, copyrights, neighboring rights, trademark rights and patents. Under the conditions set out in these Terms of Use, Temporary Gallery grants to you a limited, personal, revocable, non-exclusive, not sub-licensable, non-transferable right to view and/or listen to files made available via the Website in the manner and in the format that these files are made available on the Website. Downloading, copying, altering, disclosing files, data, programs and/or materials, or using them, either directly or indirectly for commercial purposes or any purpose other than those mentioned above is explicitly not allowed, subject to the prior consent of Temporary Gallery or the relevant rights holder. This means, inter alia, that substantial parts of the Website may not be extracted or re-utilised and that non-substantial parts of the Website may not be extracted or re-utilised repeatedly and systematically within the sense of the Database Act without prior written consent of Temporary Gallery. Nothing in these Terms of Use or on the website is meant to transfer any intellectual property rights and/or to grant any intellectual property rights to you. The use you may make of the Website is limited to what has been described in these Terms of Use. You herewith declare that you will not perform any acts which infringe on the (intellectual property) rights of Temporary Gallery or third parties. You acknowledge and accept that any unauthorised use of files, data and materials vested with intellectual property rights, violates these Terms of Use and applicable legislation including, but not limited to, the Australian Copyright Act. Without prejudice to the above, the acts as mentioned in this clause will also be regarded as an infringement on Temporary Gallery’ ownership rights in its computer systems. It is not permitted to remove, obliterate, hide or change notices or statements with regard to intellectual property rights.

Uploading files/license

Under the conditions provided in these Terms of Use, in principle you keep the copyrights and other intellectual property rights which you own with regard to the files which you make available via the Website to the Website’s visitors.

You acknowledge and agree that by making files, data and/or materials available to Temporary Gallery (by which in these Terms of Use amongst others is meant: uploading them) you automatically grant to Temporary Gallery:

• free, unencumbered, worldwide, sub-licensable, non-exclusive license to use, reproduce, disseminate and publicise the files, data and/or materials in connection with the Temporary Gallery service; and
• to use and reproduce (and to allow third parties to use and reproduce) the files, data and/or materials via any medium whatsoever for marketing and/or promotional purposes in connection with the Temporary Gallery service;

the right to remove, intentionally or unintentionally, and for whatever reason and also without any reason being given, from the Temporary Gallery servers and from the Website any files, data and/or materials made available by you, without Temporary Gallery becoming liable to you or a third party in any way whatsoever as a result of such removal. The license meant in this clause expires at the moment you or Temporary Gallery removes the respective files, data and/or materials from the Website. You acknowledge and agree that the files, data and/or materials you have made available to Temporary Gallery, will be used by other users of Temporary Gallery. Temporary Gallery does not accept any liability for the compliance by the users of Temporary Gallery with these Terms of Use. You therefore acknowledge that it might be possible that the files, data and/or materials made available by you to Temporary Gallery, are used in a manner which is contrary to or is not provided for in these Terms of Use. Temporary Gallery is not liable for any acts by a third party which are contrary to these Terms of Use or any legal provision or other unlawful act of a third party in relation to the files, data and/or materials made available by you.

You are fully, independently and solely responsible for all use you make of the Website, including – but not limited to – making available files, data and/or materials and sending and sharing files, data and/or materials. You guarantee to Temporary Gallery that you are the fully entitled party with regard to the files, data and/or materials as meant in this clause and that you are fully entitled and authorised to grant the license as meant in these Terms of Use. You indemnify Temporary Gallery and all its affiliated companies and persons against any claims by third parties based on the allegation that the files, data and/or materials infringe any current (intellectual property) right of third parties or are otherwise unlawful towards third parties and against any claims resulting from your acts in contravention with these Terms of Use. All the costs incurred and damage suffered by Temporary Gallery in any way in connection with these claims will be reimbursed by you. By making files, data and/or materials available to Temporary Gallery, you guarantee that

• you are authorised to do so in accordance with these Terms of Use and that you are entitled to grant to Temporary Gallery the rights as meant in these Terms of Use;
• the files, data and/or materials made available by you do not contravene any law, or infringe any rights of third parties including contractual rights, intellectual property rights, privacy rights and neither are they otherwise unlawful to third parties or Temporary Gallery, and that no consent or license is necessary or required from you or any third party for using the files on the Website;
• you are not restricted by any lack of competence, restriction or prohibition with regard to your right to act in accordance with these Terms of Use and/or to make files, data and or materials available;
• Temporary Gallery will not be obliged to make any payment of any nature whatsoever to whomsoever, including persons and parties whose performance or concepts are included in the files, data and/or materials made available by you, or its producer(s), publisher(s) or maker(s) including collective right organisations;
• you are exclusively responsible for all the licenses, reports and payment obligations to any third party including, but not limited to, collective right organisations, in connection with the use of the files, date and/or materials made available by you as meant in these Terms of Use.

Submission / Listing Duration

Temporary gallery reserves the right to delet your lising after a period of 6 Months.

Prohibited content

Temporary Gallery reserves the right to not publish your submissions if they are against our ethical standards

This article enumerates a non-exhaustive list of content you may in any event not make available via Temporary Gallery (it being at the sole discretion of Temporary Gallery to decide whether certain content is or is not permitted):

• Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
• Content which incites to violence against and/or harassment of another person or other persons;
• Content which leads to or is the result of exploitation or abuse of others;
• Content which according to Temporary Gallery is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;
• Content which asks for personal data of minors and/or makes available personal data of other persons;
• Content which encourages or commits the performance of illegal activities;
• Content which infringes intellectual property rights, privacy rights or any other rights of Temporary Gallery or third parties;
• Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;
• Content which, without the prior written consent of Temporary Gallery, involves commercial activity such as advertising, lotteries, contests or pyramid games;
• Content which includes a photograph or likeness of another person without that person’s consent;
• Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms of Use.

Classifieds

In addition to the other clauses in these Terms of Use the following classifieds are not permitted on the Temporary Gallery, because they detract attention from the “real” classifieds. They include classifieds that promote other websites and classifieds for the composition of panels and to promote all kinds of lucrative activities that may be performed at home (“earn 500 Dollar an hour for doing absolutely nothing at all, it really works!”).

The same classified may not be posted in more than one category, or various times in the same category. If a classified deleted by Temporary Gallery was being promoted by a paid premium banner, the premium banner is also removed, without restitution of the paid amount.

Notice of unlawful content

Temporary Gallery will examine notices of infringement on rights of third parties by users of Temporary Gallery and if possible take measures against it. If you are of the opinion that a Temporary Gallery user infringes your rights, please inform us of this by sending an email to office@temporarygallery.com.au

This notice should

• include the URL from which the material that in your opinion infringes your rights can be found on the Temporary Gallery website;
• include a statement that in your view your rights have been infringed upon and why;
• include contact details where Temporary Gallery can contact you, such as your name, address, telephone number and email address;
• include a statement supported by documentary evidence that the information in your notice is accurate and complete and – where it concerns the infringement of intellectual property rights – that you are the owner of the respective intellectual property rights;
• be signed by the owner of the intellectual property rights or the person who is demonstrably authorised to act on behalf of the owner; – where it concerns the infringement of intellectual property rights - include a description of the work or works which in your view have been infringed upon with a specification of precisely what the infringement is.
• Temporary Gallery reserves the right to forward such notice to the person(s)/or company responsible for the content to which the notice refers.
• If it is evident from the notice that the content is manifestly unlawful, Temporary Gallery will remove it or make it inaccessible.
• Temporary Gallery reserves the right not to grant a request to remove or make inaccessible content if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted or if the content to which the notice refers does not appear to be manifestly unlawful. Within that scope Temporary Gallery may for instance require a judicial decision of a competent court in Australia, which decision demonstrates that the content concerned is manifestly unlawful.
• By issuing a notice you indemnify Temporary Gallery and all affiliated companies. Employees, representatives and legal successors against any claim of third parties with regard to removing or making inaccessible information. Such indemnification also covers the damage that Temporary Gallery suffers and the costs it incurs or will yet suffer or incur or the costs which Temporary Gallery has to incur in relation to such claim, including – but not limited to – reimbursing the costs of legal assistance.
• Temporary Gallery will not in any way be a party to any dispute between the person having issued the notice and the user to which the notice refers.

Discontinuation of services

In addition to the other (legal) remedies at Temporary Gallery’ disposal, Temporary Gallery is at all times, without reasons being given and without prior explanation entitled, to restrict, suspend or discontinue your activities in connection with Temporary Gallery temporarily or permanently, to discontinue and/or remove your account temporarily or permanently, to remove files, data and/or materials, to send out a warning and refuse to provide services to you, particularly, but not limited to, in the event that:

• you act contrary to these Terms of Use;
• we hold the view that your acts may inflict damage or create liability to yourself, to other users or to Temporary Gallery. Temporary Gallery will not have any liability whatsoever in this respect. If your use of a paid service of Temporary Gallery is terminated, for any reason whatsoever, you are not entitled to a refund of any advance payments. In such cases the payments already made accrue to Temporary Gallery. Temporary Gallery does not guarantee that the Temporary Gallery service will be available at all times and without interruption or breakdowns.

Payment

Bills representing work in progress may be issued monthly. You agree that payment of invoices must be made on receipt of invoice without any deductions or set-off. Unless all outstanding bills are fully paid, we reserve the right to: (i) not begin, continue or deliver any work; and (ii) retain any goods you supply to us and/or which have been produced for you. Unless agreed otherwise, paying within time is essential to us continuing or completing any further work for you. Projects will be billed in 2 parts: Deposit & Final Payment. A 30 day credit account can be created if a credit application form has been filled out, returned and approved by rathmayr newmedia.

Goods and Services

The electronic payment facility is for use by Temporary Gallery clients who are buying products via this website.

Credit Card Payment

NOTE: The charge on your credit card statement will appear from "Rathmayr"

Currency of Transactions

All invoices issued by CTemporary Gallery are in Australian Dollars (AUD), and all electronic transactions on this website are in Australian Dollars (AUD).

TAX

Orders within Australia are inclusuve 10% GST.

Security and Transmission of Payment Card Details

No refunds can be paid.

Payment in advance

We may require payment in advance before commencing any project or any stage of any project. We reserve the right to require a deposit on some work before it is initiated or completed, especially if the work involves significant out of pocket expenses or work for a new client.

Overdue accounts

For overdue accounts, upon our discretion we may charge you interest at 2% per month. You indemnify us for any legal costs, cost of recovering any outstanding accounts including debt collection agency fees, (on a full indemnity basis) we incur as a consequence of any default by you of your obligations under these Terms of Trading.

Disputing invoices

If you dispute any invoice, you must notify us in writing within 14 days of receiving it.

Implied warranties

We give no express warranty in relation to the supply of our services to you and you acknowledge that you have not relied on any representation or warranty made by us or on our behalf. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. Further, to the extent permitted by law, if we become liable to you in any manner whatsoever for breach of warranty or for any other reason, then our liability is limited solely to the cost of supplying the services to you again or the payment of the cost of having the services supplied to you by a third party, whichever we elect.

Subcontracting

We may use subcontractors to perform any part of the work for you.

Third party supplies

We may advise you on or obtain for you goods or services from third parties. When you have approved an order for these goods or services you become responsible for their payment. Any claim you may have in relation to these goods or services (eg. quality) is directly with the supplier and not with us. Although you assume responsibility for the materials once they are delivered to you, you do not own those materials (such as printed materials or files) until you have paid us in full for their production. We have the right to repossess those materials and to prevent you from using them if you do not pay for them on time.

Cancelations

All ongoing contracts / services (e.g. domain registrations, web hosting, licenses, etc) can be canceld by providing one month's (30 days) written notice.

Applicable Laws.

These Terms of Use are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.

Law of agreement

The laws of Victoria, Australia apply to these Terms of Trading. Any disputes arising out of our relationship are to be dealt with by Victorian Courts.

Temporary Gallery Shop

Using the Drop Ship Method Temporay Gallery acts as a sales platform. Once a product is bought in our online shop the Artists themselves get notified and ship the product to the buyer directly. Temporary Gallery is not responsible for false promotion of availability of the featured brands.

We will provide will provide you with full detials to contact the artist in case of none delivery or warrantie issues.

To sell your product on the Temporary Gallery SHOP a setup fee per item of $22 applies.

Temporary Gallery will keep a 25% commission for every item sold. The remaining 75% are then paid into the sellers account on a monthly basis.

Temporary gallery does not charge a shipping fee. The seller needs to make sure that the any shipment cost are covered in the sales price.

On submission the seller needs to guarantee the quantity available over a certain time frame.

Once an item is sold the seller will receive an email from Temporary Gallery with the contact details from the buyer. It is the sellers responsibility to deliver the product to the buyer.

Temporary gallery is not responsible for any lost products.

Temporary Gallery does not pay refunds.

Contact

Temporary Gallery

Temporary Gallery is a Rathmayr & Van Kuijk Cooperation

office@temporarygallery.com.au <