Terms of use

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 Members, Company Members 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 members to the Site (each a Personal Member).

1. Your membership term with ArtsHub will be for a period of three months or 12 months, depending on which product you have selected.
2. ArtsHub uses eWay for memberships of Personal Members. Payments for all memberships are automatically deducted monthly, quarterly or annually for the duration of the agreed membership period.
3. All ArtsHub memberships will automatically renew at the end of your membership term for a new term of the same previously agreed duration. The automatic payment will be scheduled to occur on the date of expiration of your current membership term. 
4. You can opt out of the auto renewal of your membership term and you can do so at any time before your membership term renews.  If you do not want your membership term to auto renew, it is your responsibility to opt out of the auto renewal of your membership term before the payment is processed and you can do so either via the website yourself, or by calling or emailing ArtsHub for assistance.
5. You can cancel your membership term at any time, however if you do so you may be liable to a $66 early termination fee.
   
6. If you have been an ArtsHub member for a long time, you may be paying your membership 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 ArtsHub for assistance.
7. 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).
8. 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.
9. Personal Members agree to make payment in full for any chargeable service which is used on the Site.
10. 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 applications. 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 members of screenhub on the Site (each a Personal Member).

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 December 2018