Preface

Before you may become a 4dgallery member, you must first read, agree with and accept all of the terms and conditions stated in this User Agreement, along with the Privacy Policy (terms and conditions of this are set out below). By registering with 4dgallery, it is assumed that you have read and accept all terms and conditions outlined in both of these documents. Please contact us via email at info@4dgallery.com if you have any questions.

4dgallery may change or alter either of these agreements at any time in our own discretion. Any changes to these agreements will be posted on our website, and will become effective 30 days after they are posted. If you do not agree to such amendments, you must terminate your membership with 4dgallery by email notification to info@4dgallery.com.

1. Membership Eligibility

To use our services in any form, you must be able to enter into a legally binding contract under relevant laws. You must be at least 18 years of age to use our services, or must have the consent of a parent or legal guardian, and must not be a suspended 4dgallery member. Your account may not be transferred or sold to another party.

2. Fees and Services

It is free to bid on items listed on 4dgallery and free to join. All other fees and charges related to listing an item, and after the successful sale of an item, can be found under the Members section on our website. We recommend you review our fees and charges before posting an auction. 4dgallery may change fees and charges at any time, and all changes will be made effective 30 days after changes have been posted on our website. From time to time 4dgallery may have temporary price changes or promotions (such as free premiere listings), and these changes will become effective when the temporary price change or promotion is posted on the website.

4dgallery may change, add or remove any or all of our services at any time at our discretion. New or altered services and their cost (if applicable) will be listed on our website and will be effective from this time.

3. Fraud

By registering with 4dgallery, you must accept that all details you supply to us must be true and correct. As the accuracy of all personal details provided by users cannot be confirmed, 4dgallery takes no responsibility for the inaccuracy or false identity of any user. 4dgallery may suspend or terminate your membership at any time in our sole discretion, if it is suspected or proven that you are or have been engaged in any fraudulent activity in relation to our website. Further legal action may also be taken against you.

4. Content and Information

All information you provide to us (including your personal details, images and other content) must not:

a) Be false, inaccurate or misleading
b) Be fraudulent or involve the sale of counterfeit or stolen items
c) Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
d) Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, ant discrimination or trade practices/fair trading laws)
e) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
f) Be obscene or contain pornography or be otherwise harmful to persons under the age of 18 years
g) Contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth)
h) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information
i) Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
j) Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement
k) Include a link that you do not have the right to forward to, or to a website that may be offensive or harmful to persons under the age of 18 years

Users may post items, images or other content that you may find offensive, explicit, harmful, distasteful or deceptive. As 4dgallery does not control, endorse or approve any item or content provided by any user, 4dgallery takes no responsibility for the harm or offense caused to any persons by items, images or other content posted on the website. 4dgallery has the right to remove any content or image, or cancel any auction, profile or membership at any time, through our own discretion. It should be taken into consideration that what may be viewed as 'art' to one, may be considered offensive to another, and vice versa.

5. Bidding and Buying

By bidding on an item you accept and are bound to the terms of sale outlined in all parts of the description of the item, so long as these conditions are lawful and in appliance to this user agreement.

Bids cannot be withdrawn once placed, except when the seller significantly alters the item's description after you bid, or an obvious typographical error has been made, or if the seller's identity cannot be authenticated.

If you are the successful highest bidder (meeting reserve and/or minimum bid requirements) and the seller has accepted your bid, or if you purchase a 'fixed price' item, you are obliged to complete the transaction with the seller.

6. Listing and Selling

To list any item on our website, you must be legally able to sell the item, and must be in possession of the item at the time the auction has closed. You must describe your item and all terms and conditions of sale when listing an item, and this item must be placed in an appropriate category. All images and descriptions of any items you post on our website must be true, accurate and relevant to the item listed. All Multiple Auction items must be identical.

If you receive a bid that meets or exceeds either your stated minimum price or reserve (in any auction type), you are obliged to complete the transaction with the successful highest bidder/buyer, except if the buyer fails to meet the terms and conditions outlined in your listing, or if the buyer's identity can not be authenticated.

7. Not Involved in Actual Transaction

4dgallery is not involved in the actual transaction between buyers and sellers, but rather provides a service where users can offer the sale of an item to other users, or purchase an item from another user. Therefore, 4dgallery does takes no responsibility for the quality, safety or legality of items posted or sold by users, and will not be held responsible for untruths or inaccuracies of listings or images. We do not ensure the ability (legal or otherwise) of sellers to sell items, or the ability of buyers to buy items, and can also not ensure and do not guarantee that a buyer or seller will complete a transaction or act lawfully using our services.

In the event that you have a dispute with one or more users, you release 4dgallery (and our affiliates, directors and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree that 4dgallery is not responsible for:

a) The replacement or repair of any goods
b) The replacement of equivalent goods
c) Monetary compensation for inadequate, damaged or undelivered goods
d) Reimbursement of any costs incurred for the repair or replacement of any goods
e) The supply of the service again
f) The payment of the cost of having the service supplied again

8. Communication

You may receive emails and other communication from 4dgallery regarding your membership or item(s) posted on our website. Any communications regarding such matters do not represent endorsement or guarantee of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations).

9. Licenses

To ensure that we do not breach any rights you might have in the information you provide to us, you must agree to grant us a non-exclusive, worldwide, continual, royalty-free, sub licensable right to exercise all rights (including copyright, publicity, and database rights) you have in the information you provide to us, in any media.

10. Access and Interference

You must not use any process or device to copy, reproduce, alter, monitor or publicly display any content or pages within our website without our prior written permission. You agree that you will not use any method or device to interfere with any processes or transactions conducted on our website, including (but not limited to) the proper working of our website. You agree that you will not take any action that imposes an excessively large load on our infrastructure.

11. No Warranty

The service(s) offered by 4dgallery does not come with any warranty or condition (express, implied or statutory). We do not guarantee continuous, uninterrupted or secure access to our services, as operations of our website may be disturbed by factors out of our control.

12. No Agency

You and 4dgallery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. Liability Limit

To the extent that is applicable by law, 4dgallery shall not be liable (including negligence) for lost profits or any damages (incidental, consequential or otherwise) arising out of or in connection to our website or the service that we provide. You therefore agree to hold us harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature. You agree to take full legal responsibility for your actions when using our website. You accept that 4dgallery has no legal responsibility for any of our users' actions.

14. Legal Compliance

When using any part of our service, you must abide by all applicable laws and regulations, and must comply with the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. It is your sole responsibility to ensure that you are aware of and comply with all applicable laws and regulations, including this user agreement and our privacy policy. 4dgallery takes no responsibility for your ignorance of any such laws, regulations, terms or conditions.

15. Breach

4dgallery may issue a warning, suspend (temporarily or indefinitely) or terminate your membership and prohibit your use of our services at any time at our sole discretion if:

a) You breach any terms outlined in this Agreement or the Privacy Policy
b) We are unable to verify or authenticate any information you provide to us
c) We believe that your actions may cause legal liability for you, our users or us

If you breach any part or all of any terms and conditions outlined in this user agreement or the mentioned privacy agreement, 4dgallery may take further legal action against you.

15. Contact

Telephone: +61 3 9560 5543
PO Box 1378 Glen Waverley VIC Australia 3150.

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