| 1. |
Arts Hub grants you a non-exclusive, non-transferable, revocable licence to access and make personal use of the Site and any information, documentation, articles or other content available on the Site (Content). |
| 2. |
This licence does not permit any commercial use of the Site or Content, including but not limited to collecting user names and/or email addresses or sending unsolicited emails.  The licence expressly excludes using the Site to advertise or solicit other users to buy, sell or hire any products or services other than as permitted in Part C of these Terms. |
| 3. |
The Site or any portion of the Site or Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Arts Hub.  You are not permitted to link to or frame the Site or any Content without Arts Hub's express written permission. |
| 4. |
If you post or submit any information, content, comment or other material, including comments on the Arts Hub discussion forum (User Content) on the Site you grant to Arts Hub a non-exclusive, royalty-free, perpetual, irrevocable world wide and fully sublicensable right to use, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.  |
| 5. |
By posting User Content you agree to indemnify and keep indemnified Arts Hub, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by Arts Hub in connection with any User Content.  Arts Hub makes no representations or warranties of any kind, express or implied as to the operation of the Site or User Content.   |
| 6. |
Arts Hub reserves the right to change the functionality and Content (including limiting access to or ceasing to provide the Content) of the Site at any time without prior written notification to you.   |
| 7. |
By using the Site, you are responsible for maintaining the confidentiality of your Arts Hub username and password (which are for your own sole use) and for restricting access to your computer.  You agree to be liable if your Arts Hub username or password is used by an unauthorised person.  Additional passwords and logins are available to you on request for an additional fee. |
| 8. |
Arts Hub does not warrant that you will have continuous access to the Site or your access or use will be error free.  Arts Hub will not be liable in the event that the Site is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunication supplies or any other reason. |
| 9. |
The Site may contain links to other web sites (linked web sites).  Those links are provided by Arts Hub for convenience only and Arts Hub is not responsible for the content or privacy practices associated with linked web sites.  Arts Hub links with linked web sites should not be construed as an endorsement, approval or recommendation by Arts Hub of those linked web sites. |
| 10. |
Arts Hub reserves the right at any time to: |
|   |
(i) |
deny or terminate all or part of your access to the Site where in Arts Hub's opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms or |
|   |
(ii) |
block or suspend your account, hide your profile, or delete or amend User Content. |
| 11. |
You acknowledge that you do not obtain or own any intellectual property rights whatsoever in the Site or the Content and all intellectual property rights subsisting in the Site and any Content remains vested in Arts Hub or its third party licensors.  |
| 12. |
Arts Hub makes no representations or warranties of any kind, express or implied as to the operation of the Site, the Content, or the conduct of the users.  You expressly agree that your use of the Site is entirely at your sole risk.  However, nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. |
| 13. |
Content provided on the Site does not constitute advice (particularly in respect of job advertisements) as to the suitability of any candidate for a party that advertises on the Site (Job Advertiser) or a Job Advertiser for a candidate.  You should seek independent advice to determine if the relevant party is appropriate for your individual needs. |
| 14. |
To the fullest extent permitted by law, Arts Hub disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness.  Arts Hub will not be liable for any damages of any kind arising from the use of the Site, Content, or User Content. |
| 15. |
The maximum aggregate liability of Arts Hub for all proven losses, damages and claims arising out of these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of $100. Where Arts Hub&rsquos liability cannot be excluded under any law, Arts Hub's liability will be limited to, at its discretion, either re-supplying the Site to you or paying you the cost of re-supplying the Site to you. |
| 16. |
Notwithstanding any other clause, Arts Hub is not liable to you or to any other person for any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed. |
| 17. |
Arts Hub reserves the right to change these Terms at any time and will post a notice on the Site giving notice of that change.  Any subsequent access to, or use of the Site following the change will constitute an acceptance of those modifications to the Terms. |
| 18. |
The failure of Arts Hub to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms. |
| 19. |
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.  |
| 20. |
Related parties of Arts Hub may enforce these Terms in accordance with Arts Hub's rights and obligations under these Terms. |
| 21. |
These Terms are governed by the law in force in Victoria, and the parties submit to the exclusive jurisdiction of the courts in Victoria. |
| 1. |
Your membership with Arts Hub will be for a period of 12 months.   |
| 2. |
Arts Hub uses the World Pay &ndash Future Pay agreement for memberships of Personal Subscribers.  These agreements automatically renew for a term of the same previously signed duration.  Your credit card will be charged for each such renewal at the fee in effect at the relevant time of renewal as displayed on the Site. The automatic payment will be scheduled to occur 7 days before the expiration of your current membership term. |
| 3. |
Arts Hub will endeavour to send membership renewal reminders to you by email 30, 15, and 7 days before renewal of your membership is to take place however it is your responsibility to note these emails and take action to cancel your renewal before the payment is processed in accordance with paragraph 2. Should you wish to discontinue your membership you may cancel it by logging into your &ldquoMy Arts Hub Account&rdquo.  |
| 4. |
If you elect to cancel/terminate your membership at any time, any payments made towards your membership are non-refundable and any instalments due (but unpaid) prior to your departure (or within a period of 5 days after your notice to terminate/cancel your membership) will also become immediately due and payable to Arts Hub (together with any early termination fees set out below). |
| 5. |
If any amount payable for your membership is not paid on the due date for any reason, access to the Site will be suspended until such time as payments are up to date. |
| 6. |
Personal Subscribers agree to make payment in full for any chargeable service which is used on the Site. |
| 7. |
If you have opted to pay for your membership in 12 equal monthly instalments, you may cancel before the entire 12 months have lapsed on payment of an early termination fee of $66 &ndash which will be automatically billed to your credit card. You will be given notification via email of the commencement of your membership. |
| 8. |
When subscribing to any service with Arts Hub, please choose carefully. We do not give refunds just because you change your mind. |
| 1. |
You warrant that you own or otherwise control all of the rights to all User Content that you post, that you will be solely responsible for the User Content that you post, that the User Content is accurate, that the use of the User Content you supply does not violate any applicable laws or these Terms and that the User Content will not cause injury or loss to any person.  |
| 2. |
You may post User Content provided that the User Content is not: |
|   |
(i) |
illegal, offensive, racist, obscene, objectionable, threatening, defamatory or invasive of privacy |
|   |
(ii) |
false and/or misleading or in breach of RCSA&rsquos Code of Practice which is accessible at http://www.rcsa.com.au |
|   |
(iii) |
sexually explicit or containing sexual references or innuendo |
|   |
(iv) |
infringing any intellectual property rights |
|   |
(v) |
composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children) |
|   |
(vi) |
consisting of or containing software viruses |
|   |
(vii) |
used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" or |
|   |
(viii) |
impersonating any person or otherwise misleading as to the origin of any User Content. |
| 3. |
Arts Hub has the right but not the obligation to monitor, review and edit, re-classify or remove any User Content.  Arts Hub takes no responsibility and assumes no liability for any User Content posted by you or any third party. |
| 4. |
Arts Hub is not liable for any loss or damage incurred by any person as a result of any failure or delay in listing an advertisement.     |
| 5. |
Company Subscribers: |
|   |
(i) |
are entitled to opt into our Arts Hub Members Card Program. By choosing to opt into this program the Company Subscriber will become an Arts Hub Membership Partner.   Arts Hub Members Card Program is voluntary and Company Subscribers can choose to opt out of this program at any time |
|   |
(ii) |
agree to make payment in full for any chargeable service which is used on the Site and |
|   |
(iii) |
acknowledge that if any amount payable for their membership is not paid on the due date for any reason, access to the Site will be suspended until such time as payments are up to date. |
| 6. |
This clause 6 applies only to Job Advertisers.  Job Advertisers acknowledge and agree that: |
|   |
(i) |
a new fee will be charged for each new job ad which includes  copying a previous job ad, re-posting/renewing an archived or deleted job ad, extending a job ad beyond 30 days, changing a job classification, refreshing any job posting or changing any job ad reference number |
|   |
(ii) |
they must only advertise one job role per job advertisement posted on the Site or an additional fee will be incurred |
|   |
(iii) |
information stored on the candidate database for the purpose of identifying candidate work preferences must not be used by or forwarded to any third party obtaining the consent of Arts Hub and the relevant candidate |
|   |
(iv) |
job advertisements placed on the Site constitute User Content and |
|   |
(v) |
they will not release to the public any news releases, advertising material, promotional material or any other form of publicity relating to Arts Hub without the prior written approval of Arts Hub. |