Terms of Use

Privacy and Terms of Use

The following terms and conditions apply to the use of the Mackay Creatives website, including the use of the information services and other services available on this website and making contributions to the website.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Mackay Creatives Management Committee.

Background

In 2012, Mackay Regional Council engaged Human Ventures to design and develop a web platform that would promote the work of local artists and creative, specifically aiming to expose their work in the wider business community. The platform is to act as a portal for anyone looking to engage the services of local artists. Additionally, the website aims to function as a tool for promoting creativity, tourism and commercial investment in the Mackay region.

Amendments to Terms and Conditions

We reserve the right to amend the terms and conditions of using this site at any time. These amendments are effective immediately upon posting on the site. Your continued use of the site, following such postings will represent an agreement by you to be bound by the terms and conditions as amended.

Information Service

All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information provided on the site or of any material contained on any website or email linked to Mackay Creatives is accurate, reliable, current, relevant, or complete, or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you by this website.

You agree to use this website for lawful purposes only. 

Registration

In order to be able to use services available on the website and to make contributions to the website, you must become a registered user of the website. To become a registered user of the website, you must accurately provide your registration details in the manner described on the website. Registration is free but non-transferable.

We reserve the right to refuse or terminate your registration at any time if you breach these terms and conditions.

On becoming a registered user you may be issued with “log on” information including a password. You must keep this information secure and accept responsibility for all activities on the website using the “log on” information issued to you. You must notify us of any unauthorised use of your “log on” information.

Obligations of a Mackay Creatives Content Contributor

When registering as a user, you agree to the following terms and conditions.

Provision of content

The following content is not permitted under any circumstances:

  • Abusive, profane or sexual language;
  • Commercial solicitations or transactions;
  • Content not relating to the subject matter of the site;
  • Copyright or ownership protected materials, including infringing the intellectual property rights, confidentiality rights, or privacy rights of any person;
  • Discriminatory material regarding sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality, family responsibilities or personal association with persons having any of the above attributes. Please refer to the Queensland Anti-Discrimination Act 1991 for further details;
  • Illegal or materials designed to encourage law breaking;
  • Materials that could compromise Mackay Creatives partners or system safety;
  • Materials which would breach applicable laws (defamation, privacy, trade practices, financial rules and regulations, fair use, trademarks);
  • Material which would bring Mackay Creatives stakeholders and/or their reputation into disrepute;
  • Spam, meaning the distribution of unsolicited bulk electronic messages;
  • Images which inappropriately feature children or where permissions have not been obtained;
  • Content which could render the Mackay Creatives Management Committee liable for a breach of OH&S laws or other legal liability.

We have the right to refuse publication on the Mackay Creatives site of any content that breaches the terms listed above.

Content Readiness and Responsibilities

As a contributor to the site you will:

  • Reside within the Mackay Regional Council boundaries;
  • Undertake professional activities in the arts. Arts shall mean expression through creativity: including all forms of creative and artistic expression and activity, which includes, but not limited to: public art, sonic arts, visual arts, craft and design, photography and film, new media and digital art, writing, performing arts (music, theatre and circus), festivals, Indigenous art, multicultural arts or creative industries. Please refer to the Mackay Regional Council Arts and Cultural Development Policy for further information;
  • Maintain the following minimum content requirements:
    • 1 paragraph ‘introduction’ blog on home page;
    • A functioning contact form (with link to active email address) on home page;
    • 1 feature header image on home page;
    • 2 additional pages in addition to home page (eg. ‘About’ and ‘Gallery’ or similar);
    • 1 paragraph artist’s statement on separate ‘About’ page (or similar);
    • 2 images contained within ‘Gallery’ page (or similar).
    • Contribute 1 new blog to home page every two months and update artist’s statement and/or CV every six months;
    • Be responsible for all aspects of the production of the content contributed by you, including accuracy, timeliness and appropriateness;
    • Ensure that your content is up to date, accurate and not misleading;
    • Warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
    • Procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line by us;
    • Secure and hold all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line by us.

You will retain all intellectual property rights including copyright in the content contributed by you to the website and retain the right to remove the content from the website at any time. While it is published on the website, you grant us a world wide, royalty-free, non-exclusive right to reproduce, adapt, publish, publicly perform and communicate to the public the content as part of the website.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content using this website.

We do not warrant that any material you submit to the communication services will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the communication services, if we elect in our sole discretion to post your information or material, we do not warrant that the material or information you submit will be posted within a certain timeframe.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on or in respect of this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Specific Warnings

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must ensure that your data is supplied on the medium and in the format specified on this website.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

You acknowledge that we are a distributor, not a publisher, of content on this website. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the communication services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other participants in contravention of the obligations set out in these terms and conditions.

You must indemnify us and our partners against any claim by a third party arising out of a breach of these terms and conditions by you.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We make no warranty that goods acquired from us over this website will meet your requirements.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us as All Rights Reserved. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • Commercialise any information, products or services obtained from any part of this website; without our written permission.
  • Text, graphics, logos, icons, sound recordings and film supplied by site users may be subject to specific licences under a Creative Commons license, such licenses will be listed in the attribution for each piece of content uploaded or linked, unless stated, otherwise,  All Right Reserved license applies to all content on this website.

Trade Marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is intended to be used as a trade mark or is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this website).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

Linked Web Sites

This web site may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Privacy Policy

You and we accept the terms of our privacy policy which is annexed to these Terms and Conditions. 

How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Privacy Policy

We may collect web site visitors’ information (like their e-mail addresses). Unless you object this information may be used:

  • to send new, information about our activities and general promotional material which we believe may be useful to you;
  • to monitor who is accessing the web site or using services offered on the website; and
  • to profile the type of people accessing the website.

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

  • we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
  • we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
  • we are required by law to disclose that information.

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children’s use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us