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Terms of use

These are the Terms and Conditions on which Arts Hub Australia Pty Ltd (ArtsHub) permits users to access and use the ArtsHub website located at www.ArtsHub.com.au (Site). Your access to and use of the site is subject to Parts A, B and C of these Terms and Conditions and the ArtsHub privacy policy. If you do not agree to these Terms and Conditions and the privacy policy, you must not use or access this Site.

Part A
Part A of these Terms applies to all users, Personal Subscribers, Company Subscribers and General Advertisers of the Site.

1. ArtsHub 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 ArtsHub. You are not permitted to link to or frame the Site or any Content without ArtsHub's express written permission.
4. If you post or submit any information, content, comment or other material, including comments on the ArtsHub discussion forum (User Content) on the Site you grant to ArtsHub 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 ArtsHub, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by ArtsHub in connection with any User Content. ArtsHub makes no representations or warranties of any kind, express or implied as to the operation of the Site or User Content.
6. ArtsHub 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 ArtsHub username and password (which are for your own sole use) and for restricting access to your computer. You agree to be liable if your ArtsHub username or password is used by an unauthorised person. Additional passwords and logins are available to you on request for an additional fee.
8. ArtsHub does not warrant that you will have continuous access to the Site or your access or use will be error free. ArtsHub 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 ArtsHub for convenience only and ArtsHub is not responsible for the content or privacy practices associated with linked web sites. ArtsHub links with linked web sites should not be construed as an endorsement, approval or recommendation by ArtsHub of those linked web sites.
10. ArtsHub reserves the right at any time to:
    1. deny or terminate all or part of your access to the Site where in ArtsHub's opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms; or
    2. 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 ArtsHub or its third party licensors.
12. ArtsHub 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, ArtsHub 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. ArtsHub 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 ArtsHub 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 AUD $100. Where ArtsHub's liability cannot be excluded under any law, ArtsHub'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, ArtsHub 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. ArtsHub 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 ArtsHub 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 ArtsHub may enforce these Terms in accordance with ArtsHub'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.
22. Open Mic Contributions:
    1. All content (text, images, videos) must be original.
    2. Any third-party contribution submitted by you must be declared and have permission for publication from the original owner.
    3. Contribute only objective content on events / performances / issues in which neither you nor anyone you know has vested interests.
    4. Copyright on original content stays with you. However please be aware that, once published on our website, the content is accessible to the public and subscribers; ArtsHub has no control over third-party usage.

Part B
Part B of these Terms applies to personal subscribers to the Site (each a Personal Subscriber).

1. Your membership subscription with ArtsHub will be for a period of 3 months, 12 months or 14 days, depending on which product you have selected.
2. ArtsHub uses eWay for memberships of Personal Subscribers. Payments for all subscriptions are automatically deducted monthly for the duration of the subscription period. If you do not opt-out from the 'My Account' dashboard, your agreement will automatically renew at the end of the period for a term of the same previously signed duration. The automatic payment will be scheduled to occur on the date of expiration of your current membership term.You can cancel your subscription at any time during the period, however if you do so you will be charged an early $66 cancellation fee.
   
3. In accordance with paragraph 2 it is your responsibility to opt out of your auto renewal before the payment is processed. Should you wish to discontinue your membership you can cancel via your ‘My ArtsHub Account’ dashboard or by emailing info@ArtsHub.com.au. 
4. If you have been an ArtsHub member for a long time, you may be paying your subscription via either PayPal or RBS Worldpay. To make changes to such accounts, or to re-arrange your subscription to be paid monthly through EWAY, please contact info@ArtsHub.com.au.
5. If you elect to opt-out of auto-renewal/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 ArtsHub (together with any early termination fees set out below).
6. 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.
7. Personal Subscribers agree to make payment in full for any chargeable service which is used on the Site.
8. When subscribing to any service with ArtsHub, please choose carefully. We do not give refunds just because you change your mind.

Part C
Part C of these Terms applies to both general advertisers on the Site, Job Advertisers (both being Advertisers) and Company Subscribers (being corporate members) and to the extent applicable, any other person that posts User Content on the Site (unless otherwise indicated).

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:
   1. illegal, offensive, racist, obscene, objectionable, threatening, defamatory or invasive of privacy;
   2. false and/or misleading or in breach of RCSA's Code of Practice which is accessible at http://www.rcsa.com.au;
   3. sexually explicit or containing sexual references or innuendo;
   4. infringing any intellectual property rights;
   5. 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);
   6. consisting of or containing software viruses;
   7. used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"; or
   8. impersonating any person or otherwise misleading as to the origin of any User Content.
3. ArtsHub has the right but not the obligation to monitor, review and edit, re-classify or remove any User Content. ArtsHub takes no responsibility and assumes no liability for any User Content posted by you or any third party.
4. ArtsHub 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:
   1. are entitled to opt into our ArtsHub Members Card Program. By choosing to opt into this program the Company Subscriber will become an ArtsHub Membership Partner. ArtsHub Members Card Program is voluntary and Company Subscribers can choose to opt out of this program at any time;
   2. agree to make payment in full for any chargeable service which is used on the Site; and
   3. 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:
   1. 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;
   2. they must only advertise one job role per job advertisement posted on the Site or an additional fee will be incurred;
   3. 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 ArtsHub and the relevant candidate;
   4. job advertisements placed on the Site constitute User Content; and
   5. they will not release to the public any news releases, advertising material, promotional material or any other form of publicity relating to ArtsHub without the prior written approval of ArtsHub.
7. ArtsHub takes no responsibility for the reliability, integrity and security of files and documents submitted by job applicatns. It is the job advertiser’s responsibility to conduct virus scans/checks or any other security procedures required. For questions regarding the content of any files or documents provided in relation to a job application, advertisers should contact the applicant directly.

Part D
Part D of these Terms applies to personal subscribers to screenhub on the Site (each a Personal Subscriber).

1. All members who joined screenhub before 29th March 2014 will be covered under the screenhub T&Cs which was current at the time of join.

Governing Law

This Agreement is governed by the law in force in Australia, and the parties submit to the exclusive jurisdiction of the courts in Australia.

Current at July 2018

ArtsHub is strongly committed to protecting your privacy when you interact with us, our content, products and services. We are also bound by the National Privacy Principles contained in the Privacy Act 1988 (Cth).

Our goal is to provide you and your family with media experiences that inform, entertain and educate. Sometimes this means that we use information that you provide to us about yourself to customise that experience. We do this to improve your enjoyment of our products and services. In providing our services to you, ArtsHub will be transparent about how and why we collect and use your information. In some cases, if you do not want us to collect or use your information in a particular way, then we will give you the opportunity to say so.

The purpose of this Privacy Policy is to explain:

• the application of this Privacy Policy
• the kind of information ArtsHub may collect about you, how we collect it, and how we use it
• how we may disclose that information
• how you can access the information we hold about you
• when we may use your information to contact you
• the protection of your personal information
• ArtsHub’s use of cookies to collect information, and how you can control or delete these cookies

1. Application of this privacy policy

ArtsHub’s Privacy Policy applies to personal information collected by the ArtsHub, whether we have asked for the information or not. In accordance with s7(1)(c) of the Privacy Act, it does not apply to acts done, or a practices engaged in, in relation to its program material. In most cases, such acts and practices are governed by the ArtsHub Editorial Policiesand ArtsHub Code of Practice.

This policy applies only to ArtsHub. It does not apply to any other company or organisation, including those whose digital services have links to ArtsHub content or services. Third party services which have links to ArtsHub content or services will govern the use of personal information you submit to them, which may also be collected by cookies when you visit or use them. We do not accept any responsibility or liability for the privacy practices of such third party digital services.

ArtsHub will review its privacy policy regularly, and may update it from time to time. If we make changes, we will post those changes here.

2. Collection and use of personal information

2.1 Why does ArtsHub collect personal information

Personal information includes information such as your name and contact details.  ArtsHub collects personal information about you:

• because you have provided it to us, as part of subscribing to ArtsHub or if you contact us to provide feedback or to ask us questions, or you have interacted with one of our digital services (including online and mobile services), for instance by participating in social media, forums, polls or competitions;
• because we need it to provide a product or service that you have requested, for instance, if you subscribe to an email list or loyalty program, enter a competition, or purchase service from the ArtsHub;
• because we would like to improve our services, for instance through the collection and analysis of statistical and research data and use of cookies (see below);
• because you work for us, or apply to us for a job, or work experience;
• for purposes directly related to any of the above.

ArtsHub will not collect personal information unless it is voluntarily supplied to us.

2.2 How we use your personal information

We use your information for the purposes for which it was collected, and related purposes (which are normally obvious when we collect it.  These purposes include:

• to provide you with news and information about us and our services, or about another business which we think might interest you;
• so that we can provide our service to you, manage and account for our services and improve our services;
• so that we can manage our relationship with you;
• to provide you with information about events or other services that might interest you; and
•  to facilitate our internal business operations, including to verify your identity and fulfil our legal requirements.

2.3 How ArtsHub collects information when you use a digital service (including online and mobile)

Broadly, there are two types of information or data we collect: information that you specifically give to ArtsHub, and data that we collect automatically.

Information that you specifically give ArtsHub

For example, you may provide information about yourself when you are filling in a form or when you sign up to a service. This type of information may include your name, email address and age. The information that you give us may be:

•  Personal information that is required. In some instances, you must provide personal information if you wish to use a particular service or participate in an activity. For example, your age may be required if we need to confirm that you are old enough to use a particular service.
•  Personal information that is optional. You may choose to provide some personal information which is not required but is directly related to ArtsHub’s functions or activities. Usually this type of information will enable ArtsHub to improve or broaden the services we can offer you. If you choose not to provide this optional information, we would still be able to offer you the service, but perhaps with fewer options than if you had provided the optional information. For example, if you tell us your interests in a particular area, we may be able to provide you with specific ArtsHub content that matches your interests. If you provide us with unsolicited information that we do not require or which is not directly related to ArtsHub’s functions or activities, ArtsHub may be required to remove that information, provided it is lawful and reasonable to do so.
•  Permissions. Sometimes you will be asked to confirm that you agree to a particular activity. For example, you may need to expressly agree that you would like to receive a newsletter or to confirm that you agree to the terms and conditions of a subscription.

We are committed to ensuring that the information we hold about you is accurate and up-to-date.  You may make changes to the information you provided us (for example, if you change your email address) or withdraw the permission you gave ArtsHub for a particular service. We will make it clear as to how you do that when you provide us with personal information.

Data ArtsHub collects that tracks your activity

ArtsHub automatically gathers information to monitor the use of its digital services (including online and mobile services), like the numbers and frequency of visitors to ArtsHub websites. This information can include the IP address, domain name and browser type, the date and time of access, and details of the information downloaded. This information helps us improve our services by learning what our audiences use and don’t use. It can also help us identify if there are any problems with our services that need fixing. This data is usually collected using ‘cookies’. ‘Cookies’ are small files that are stored on your browser. Further information about ArtsHub’s use of cookies is provided below.

Most of the data we collect is aggregated, and this information is effectively anonymous to us.

In some cases we may collect data that can be linked to you individually. For example, when you log in to an ArtsHub digital service as a registered user, we may store records of information such as the comments you make, the pages you viewed or links you click on. Similarly, if you use our email newsletters we may collect data about the mails you open and the links you click on from that newsletter.

As well as helping to improve our services, we may use this data to provide recommendations that you might find helpful based on your activity. In some cases, a digital profile may be formed based on your activity. We do this in order to improve your experience (for instance, because some services may allow you to build a profile which earns different privileges); or to improve our ability to provide a service (for instance, because our decisions about moderation of content may need to have regard to your profile). Though surveys usually collect aggregated data, we will make it clear to you if any survey information is being collected in a way that could personally identify you.

To the extent that this data does not constitute personal information, the National Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.

3. Disclosure of personal information

3.1 Disclosure of personal information to third parties

• ArtsHub may disclose your personal information to third parties for the following purposes:
• to provide the service you wish to use,
• for research purposes relating to the performance, quality, maintenance and improvement of ArtsHub’s products and services,
• to customise and promote ArtsHub services which may be of interest to you,
• to provide technical support to you to use ArtsHub’s services
• if permitted or required by law; or
• otherwise with your consent.

In many cases, ArtsHub imposes contractual restrictions equivalent to those imposed on ArtsHub under the Privacy Act in respect of collection and use of personal information by those third parties. In some cases, such as social media networks, ArtsHub’s ability to impose contractual restrictions is limited. In those circumstances, ArtsHub will carefully consider the risks to the protection of personal information when entering into arrangements with third parties.

ArtsHub may disclose your personal information (excluding sensitive information about you) to third parties for the purposes of direct marketing ArtsHub’s services. ArtsHub will obtain your specific consent to disclose sensitive information for the purposes of direct marketing ArtsHub’s services. You will be able to opt-out of direct marketing at any time if you so choose. Under no circumstances will ArtsHub sell or receive payment for licensing or disclosing your personal information.

3.2 Information that you disclose publicly

ArtsHub provides content and services on a range of platforms with interactive features that you can contribute to. When using digital services (including online and mobile services), we suggest that you use your discretion and exercise caution when providing your personal information. For instance, if you “share” information that is posted on an ArtsHub website using a social media tool, it is likely that you will be sharing your personal information. ArtsHub has a limited capacity to protect personal information that you choose to share in this way.

Ultimately, you are responsible for maintaining the secrecy of your passwords and/or any personal information. Be responsible whenever you are online or using a digital service.

3.3 Information that is disclosed via other platforms or services

Some ArtsHub services may be integrated with external services, including social media networks. This may mean that information, for instance about your interests and activities, is tracked or pulled from other places (such as Facebook). If you are signed in to an ArtsHub service which is integrated with other media tools, this information may be available to others depending on the privacy settings you have in place on other platforms.

The number and nature of social media platforms is changing rapidly, and the way in which information is shared between them is becoming increasingly complex. To help you manage and protect your personal information, ArtsHub will ask you to opt-in before making your personal information available through an integrated service. You may also opt-out of your participation in most of ArtsHub’s digital services. Information about how to opt-out will be provided in the particular service. However, you should be aware that ArtsHub may continue to store personal information provided by you prior to you opting-out.

Your ability to opt-out of providing information to or via a third party tool or platform will depend on the conditions governing your agreement with that third party.

4. Accessing your personal information

You may request access to personal information that is held by ArtsHub about you. Requests for access will be dealt with by ArtsHub in accordance with the Freedom of Information Act 1982 and the Privacy Act. We may charge you a fee where access to your information is provided.  We may refuse to provide access if the National Privacy Principles allow us to do so.

ArtsHub will take reasonable steps to make appropriate corrections to personal information so that it is accurate, complete and up-to-date.

ArtsHub welcomes feedback about privacy issues and will attend to all questions and complaints promptly.

You can contact the ArtsHub about any privacy issues as follows:

By email: info@ArtsHub.com.au

By mail: ArtsHub Australia Pty Ltd

Level 3, 33 Guildford Lane

Melbourne VIC 3000

5. Use of your personal information to contact you

We will never knowingly send you unsolicited commercial electronic messages. More information on the Spam Act 2003 is available from the regulator’s website: http://www.acma.gov.au/spam.

We may use information that we know about your likes and interests to tell you about other ArtsHub programs, products and services when you are online. We may know about your likes and interests because you have provided that information, for instance via a social media platform, or because we have inferred this based on your browsing history, or other data related to your behaviour on ArtsHub digital services.

6. Protection of your personal information

ArtsHub will take all reasonable and feasible steps to ensure that your personal information is properly protected from misuse or loss, and unauthorised access, modification or disclosure.

At the same time, we are committed to providing innovative and interactive experiences, and to being available to audiences on multiple platforms. Some of those platforms are not operated or controlled by the ArtsHub, and our ability to protect your personal information is limited.

We encourage you to be vigilant about the protection of your own personal information when using third party digital services (such as social media platforms). As far as reasonably practicable, we will make sure that our relationships with those third parties include appropriate protection of your privacy.

6.1 Credit card information

Crucially, your credit card details are only processed and transmitted in encrypted form. Unencrypted credit card information is NOT stored on our internet servers. Online credit card payments are currently processed using a third party payment gateway service run by eWAY. eWAY provides a PCI-DSS (plastic card industry data security scheme) compliant payment gateway service to ArtsHub that is used to securely process customer payments. eWAY’s Privacy Policy can be viewed here. Credit card information is never stored in a cookie.

If you use your credit card and the transaction is manual rather than electronic, the details will be stored by ArtsHub for the period that financial records are required to be retained.

7. Use of cookies across our digital services

ArtsHub uses a “cookie” system on its digital services. A “cookie” is a small data file placed on your machine or device which lets our digital service store information. This information allows us to make our digital services easier to use and more relevant.

ArtsHub uses cookies for interactive features, for instance, cookies allow our servers to keep track of your customer details between visits to the ArtsHub website. The information stored by the cookie includes data that is provided during online registration processes. Placing cookies on your device also means we can serve you tailor made promotional information that you might be more interested in. The promotional information can appear on third party digital services as well as ArtsHub digital services. It also allows us to control the number of times you see that promotional information and measure how effective the campaign has been.

Credit card information is never stored in a cookie.

The analytics systems used by ArtsHub use cookies to gather information regarding visitor activity on ArtsHub’s digital services. This is not used to identify personal details but is collated into aggregate results in order to evaluate and improve our services. When you use ArtsHub’s digital services, some information is logged automatically, such as your computer’s operating system, Internet Protocol (IP) address, access times, browser type and pages visited. ArtsHub engages independent measurement systems (such as Google Analytics) to perform these services.

7.1 Controlling and deleting cookies

Popular browsers will usually give users a level of control over cookies. You can set your browsers to accept or reject all, or certain, cookies. You can also set your browser to prompt you each time a cookie is offered.

Most cookies are easy to delete, and the Help function within your browser should tell you how. Some digital services may not load properly or function as intended if cookies are disabled, however it is up to you to determine the balance of convenience and computer privacy that you are comfortable with.

7.2 Cookies used by ArtsHub

ArtsHub uses the following types of cookies:

Session Computer Browser Cookies – Session cookies let you move from page to page without the need to repeatedly sign in. For instance, these cookies are used by ArtsHub website to keep track of things such as what you put in your shopping cart. A session browser cookie is stored in the browser and deleted when the browser shuts down.

Persistent Cookies – Persistent cookies are used to help us monitor the performance of our digital services by recording your browsing behaviour within the particular digital service.

These browser cookies can only be read by the company that places the cookies on the computer. Persistent cookies are saved to the hard drive until they expire. Unlike session browser cookies, they are not deleted when the browser is shut down.

Flash Cookies – also known as Local Shared Objects, are used to track activity in Applications that are running in Adobe Flash Player. Designed for usability, they allow user’s custom settings to persist between visits.

ArtsHub uses web beacons in combination with cookies to track activity. Turning off a browser’s cookies will prevent web beacons from tracking activity.

7.3 Third party Cookies

ArtsHub uses a number of suppliers who also set cookies on our digital services on our behalf in order to deliver the services that they are providing.

For instance, if we embed photos and video content from third parties such as YouTube, those third parties may have set cookies relating to that content. If you then “share” that content, another third party cookie may be set by the service you have chosen to share content through. ArtsHub does not control these cookies, and does not block cookies set by third parties in these ways.

Page last updated: September, 2017