WEB SITE USE TERMS & CONDITIONS
Linden Dean Art reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Linden Dean Art’s Web Site shall be subject to the current terms and conditions as published on our website at www.lindendeanart.com or www.users.bigpond.net.au/lindendeanart.
By accessing Linden Dean Art’s Web Site, you are agreeing to be bound by these Web Site Use Terms & Conditions and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Linden Dean Art’s Web Site shall be governed by the laws of Australia. The materials contained in Linden Dean Art’s Web Site are protected by applicable copyright and trade mark laws.
Electronic forums such as email distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Linden Dean Art or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at “hacking”, is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
No Endorsement of Third Party Content
Linden Dean Art’s Web Site contains links to and frames of sites that are not maintained by Linden Dean Art. Linden Dean Art is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Linden Dean Art’s Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON LINDEN DEAN ART’S WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH LINDEN DEAN ART’S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON‑INFRINGEMENT. In no event shall Linden Dean Art or its service Linden Dean Arts, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Linden Dean Art’s Web Site, even if Linden Dean Art has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Linden Dean Art or its service Linden Dean Arts, affiliates, associates, subsidiaries or partners and Linden Dean Art makes no representations or warranties regarding that information or those opinions. Neither Linden Dean Art or its service Linden Dean Arts, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Linden Dean Art hereby grants you a limited license to view on your computer, print, download and use any content made available on Linden Dean Art’s Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Linden Dean Art or any other party who owns or has proprietary rights to the content, information and materials provided on Linden Dean Art’s Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Linden Dean Art or by other parties that have licensed their material to Linden Dean Art. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Linden Dean Art may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Linden Dean Arts thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes, Improvements and Quality of images
Linden Dean Art may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Linden Dean Art’s Web Site, including the terms and conditions of your use of this Web Site, without liability. There may be some minor differences in colours or sizes of the images in reality from those viewed on your screen.
Due to the nature of the Internet, it is not possible for Linden Dean Art to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Linden Dean Art. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Linden Dean Art offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Linden Dean Art intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Linden Dean Art’s web site are presented solely for the purpose of [purposes] in [country/countries]. This site is controlled and operated by Linden Dean Art from its offices in [country]. Linden Dean Art makes no representation that any of the materials contained in Linden Dean Art’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Australia and the parties hereby attorn to the jurisdiction of the courts of Australia. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Linden Dean Art appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Linden Dean Art’s servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service Linden Dean Art. Collecting this information allows Linden Dean Art to optimize the visitor’s web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to Linden Dean Art only if and when voluntarily submitted by the visitor. All personal information collected by Linden Dean Art is retained by Linden Dean Art and not sold or otherwise provided to third parties. Linden Dean Art sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Linden Dean Art with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
Many of Linden Dean Art’s web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Linden Dean Art to relate a visitor’s use of Linden Dean Art’s site to information that the visitor has specifically and knowingly provided, Linden Dean Art does not do so for any sites specifically designed for and aimed at children. Linden Dean Art believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
By posting/sending a message in the bulletin board/e‑mail area, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Linden Dean Art will attempt to post as many messages as possible, cannot promise to post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Linden Dean Art. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Linden Dean Art. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(a) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
(b) You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
(c) You may not interfere with other users’ use of the web site.
(d) You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Linden Dean Art’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Linden Dean Art reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.
(f) Any information provided to Linden Dean Art shall be provided by the submitter and received by Linden Dean Art on a non‑confidential basis. Linden Dean Art will only accept submissions made by registered users of Linden Dean Art. Linden Dean Art shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Linden Dean Art.
(g) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
(h) You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(i) You may not post any e-mail or materials that would be considered a violation of any law. Linden Dean Art will co‑operate fully with any law enforcement authorities or court order requesting or directing Linden Dean Art to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify Linden Dean Art and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Linden Dean Art a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Linden Dean Art’s site(s) or which you provide by email or any other means to Linden Dean Art and in any media now known or hereafter developed. Further, you grant to Linden Dean Art the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Linden Dean Art for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Linden Dean Art.
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