Artstart - Terms of Use

This website is operated by the New South Wales Technical and Further Education Commission by its Access and General Education Curriculum Centre (‘we’, ‘our’ and ‘us’).
If you are under 18, you should ask a parent or guardian to read this document.
If you wish to use our website (including submit work), you must read and accept these terms.

1. Personal use only
You may only use our website for personal use.

2. Submitting artwork form 
Each time you submit work, you must accurately complete the information form with your current contact details and check the boxes stating that you agree to the Terms of Use and have created the work yourself.

3. Website content
You may download or print a copy of any content of this website for your personal and non-commercial use. We may end this at any time. Except for your content, you must not, without our approval, remove any proprietary notices or copy, change, distribute, frame, link, republish, display, send, decompile or sell any of that content.

4. Your work
(1) We don’t have to display work  
We don’t have to display your work and may hide, delete or remove it without telling you or giving reasons.
(2) We will not own your Work 
We will not own your Work.
(3) Our licence
We may use, copy, perform, display, change, frame, republish, send, distribute, decompile, and sublicence any work you submit. This licence lasts forever and you can not end it. You give us consent to reproduce your work in colour or black and white; change it for design purposes; adapt or publish it in printed or electronic form; and only identify you as the author by your first name and where your ArtStart project took place.
(4) Backup 
You must keep back-up copies of your work.

5. Acceptable Use 
You must not:
(1) harmful content
submit any work that we consider to be harmful, threatening, unlawful, defamatory, abusive, harassing, obscene or any other information that we consider in our sole discretion to be inappropriate;
(2) infringing rights
submit any work which you did not create or which you do not have authority to submit or infringes anyone else’s intellectual property or other personal rights; and
(3) false representations
make false claims or misrepresentations about yourself, including your age.

6. Disclaimers, limitation of liability and indemnity
6.1 No responsibility
We are not responsible for:
(1) Other users’ works 
the accuracy, appropriateness, completeness of any content;
(2) Errors 
any errors, unauthorised changes or access, to our website; and
(3) Access to website 
any delay, suspension or closure of our website.
6.2 No advice or endorsement
Any information provided on our website is for information purposes only and is not intended, and should not be relied on, as advice. Unless we specifically say so, we do not agree with any opinions or advice on our website.
6.3 Limitation of liability 
(1) Exclusions 
To the maximum extent permitted by law:
(a) Consequential loss our liability to you will not include any indirect, incidental, special or consequential damages, including loss of revenue, profits, savings or data. It doesn’t matter whether the loss was foreseeable, arose from negligence and even if warning was given of its possibility; and
(b) Implied representations  any representation, warranty, condition or undertaking that would be implied in this agreement by legislation, common law, equity, trade, custom or usage is excluded.
(2) Re-supply only 
Our liability for any breach of these terms is limited, at our option, to re-supplying or paying the cost of re-supplying these services.
6.4 Indemnity 
You indemnify us against any claims, losses, liabilities, damages, costs and expenses of any kind arising out of and in connection with your use of this website, including your breach of these terms or the law.

7. Complaints and disputes
If you would like to make a complaint about our website, you can contact us on artstart@tafensw.edu.au. If your complaint or dispute is about copyright infringement, see our Copyright Policy.

8. General
8.1 Severability 
Each clause of this agreement is severable. If anything becomes illegal, unenforceable, or invalid in any jurisdiction, it is to be treated as severed in that jurisdiction only. The rest of this agreement will not be affected.
8.2 Waiver 
If a party has a right arising from another party's failure and delays or does not exercise that right, that delay is not a waiver of any rights.
8.3 Changes 
We may change these terms from time to time.
8.4 Governing Law and Jurisdiction 
The law of New South Wales, Australia governs this agreement. The parties submit to the non-exclusive jurisdiction of its courts.