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The International Art Contest -
Membership Terms
Terms and Conditions
This Agreement is made and entered into by registering to use
this service by and between you the Member and the art contest
organisers hereafter referred to as "Art Dept". Art Dept and
Member shall be referred to herein individually as a "Party" or
collectively as the "Parties" who agree as follows:
Grant of Rights
Member grants to Art Dept the right to display
artworks submitted via this web site subject to the terms of
this Agreement.
Reviews
Listing of all submissions is by the final discretion of Art
Dept.
Termination
This Agreement will continue in effect from the time of this
online registration by the Member and such time as Art Dept
decides. Art Dept may at their discretion terminate this
agreement without further notice if it is deemed that any
material or information provided by the Member is misrepresented
or in breach of Copyright.
Governing Law
This Agreement shall be governed by and construed according to
the State and Commonwealth laws of Queensland in Australia.
Relationship of the Parties
Each Party is acting as an independent contractor and not as an
agent, partner, or joint venture with the other Party for any
purpose.
Survival of Certain Provisions
The indemnification, confidentiality and obligations set forth
in the Agreement shall survive the termination of the Agreement
by either Party for any reason.
Arbitration
Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be settled by
arbitration in accordance with the relevant arbitration laws of
Queensland in Australia, and shall be held within 50 km of Art
Dept headquarters.
Intellectual Property Rights
Art Dept agrees that the Listings provided hereunder, and any
copies thereof, in whole or in part, and all intellectual
property rights, including without limitation, patent,
copyright, trademark, trade secret, and any other intellectual
or industrial property rights, are and shall remain the sole
property of Member, and that all rights thereto are reserved by
Member. Art Dept agrees that it will not create derivatives of
any Listing, nor use, copy, disclose, sell, assign, sublicense,
or otherwise transfer any Listing except as expressly authorized
in the end-user license agreement for such Listing.
Confidentiality
Each Party will treat all information received or gained from
the other Party in confidence. Only by written agreement between
the Parties can information about any aspect of the agreements,
relationships, listings, plans or details of the other Party's
business be divulged to a third party unless it is lawfully
required to be disclosed by any governmental agency or otherwise
required to be disclosed by law.
Member Representations and Warranties
Member represents and warrants that it owns, or has valid and
current distribution licenses to the Listings and all
components, and that no provision of this Agreement violates any
prior agreements between Member and any third parties and that
this Agreement has been duly authorized, executed and delivered
by Member and constitutes a legal, valid and binding obligation
of Member enforceable against Member according with its terms,
that the Member owns or has administration rights to title and
interest in and to the trademarks and intellectual property to
be provided to Art Dept and included in the Listings and the
packaging of the Listings, (v) Member has obtained any
applicable export licenses for the Listings which are required
under any other applicable law.
Art Dept Representations and Warranties
Art Dept represents and warrants that it has the right and
authority to enter into this Agreement and to perform its
obligations hereunder.Disclaimer
of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE
PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES
AND PRODUCTS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE
TO ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES, ARISING FROM ANY PROVISION
OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS
OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS
OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD
PARTIES ARISING FROM ANY SOURCE.
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