4D Gallery User Agreement

Preface

Welcome to 4dgallery User Agreement. 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 and Privacy Statement (terms and conditions of this are set out below). By registering with 4dgallery, you are accepting the terms and conditions outlined in the User Agreement and the Privacy Statement which includes those terms and conditions expressly set out and those incorporated by reference. You should also access and read the information contained in the other pages and websites referred to in this document and that appear on our website, as they do and may contain further terms and conditions which apply to you as a 4dgallery member. If you have any questions please contact us via email at info@4dgallery.com

4dgallery may at its absolute discretion amend this Agreement at any time by posting the amended terms on our Site and such will be effective 30 days after the date of posting on our website at the Forum link and/or advised by email. Should you not agree with such changes, you must terminate your membership of 4dgallery by email notification to info@4dgallery.com

By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other 4dgallery links and on other user websites and links to the extent that you access and use those websites. This User Agreement is effective at the date of your registration for new registering users and is otherwise effective on 30 November 2005 for all users registered prior to 1 November 2005

1. Membership Eligibility

To use our services in any form, you must be able to enter into a legally binding contract under relevant laws and without limiting the foregoing you must be 18 years of age plus and you must not be a suspended 4dgallery member. For persons under 18 years of age you may use our services with the authority of a parent/ guardian who is required to complete registration on your behalf. 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. Fees and charges and billing/payment details related to the listing and sale of an item/s, can be found under the Members' link and under the Help Seller's Guide.

4dgallery may change our 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.

Failure to comply with Members' and other links containing terms and conditions including but not limited to the non or late payment of rendered invoices by us will result in breach of this Agreement and liable for suspension and removal from the site as a member. 4dgallery is entitled and authorised to charge you fees and charges for each successful sale of an item as stated on our website irrespective of whether the buyer and seller complete the transaction (that is whether or not the seller receives payment from the buyer or not). 4dgallery is entitled to freeze (or suspend) a user's account with past overdue balances, charge applicable interest as stated and advised to you for invoices that are overdue and reserves the right to take legal action for the recovery of sums due and payable including legal costs.

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

3. Fraud

By registering with 4dgallery, you warrant that all details you supply to us are correct and accurate. As the accuracy of all personal details provided by users cannot be confirmed, 4dgallery takes no responsibility for the inaccuracy of details and/or the false identity of any user. 4dgallery may suspend or terminate your membership at any time in our sole discretion, if it is suspects, proves and/or determines in the circumstances that you are or have been engaged in any fraudulent activity in relation to our website. 4dgallery reserves our rights to take any applicable and available legal action against you for fraudulent and misleading and deceptive conduct.

4.Content and Information

All information you provide to us and on our website (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(or otherwise)

The internet is a place that encourages free and creative expression, and as in any environment where people are given this freedom, conflict may arise. You are warned that 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 has a disclaimer and 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, at our own discretion. You may in good faith report to us at info@4dgallery.com any item that you find offensive, explicit, harmful, distasteful or deceptive and we will consider and determine, in our absolute discretion, whether the alleged item will be removed or remain on our site. At any time that you deem an item to offend you, please leave the site. Please refer to the general disclaimer clause below.

5. Bidding and Buying

By bidding on an item you accept and are bound to the terms and conditions of sale outlined in the item's description, so long as these conditions are lawful and in compliance with this User Agreement.

Bids cannot without the seller's express approval, 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.

IIf you are the successful highest bidder (meeting the 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, it must be art/design and/or related to such. You must not list any item that is not art/ design and/or related. Pornography is unauthorised and not permitted to be listed on our website and offenders will be referred to the appropriate authorities. 4dgallery has absolute discretion to determine whether an item is or is not art/ design and/or related and whether the item is to be removed from the website. 4dgallery is authorised and will determine in its absolute discretion whether nude photography/ art constitutes pornography, whether an art/design item constitutes defamatory and discriminatory statements and whether such an item/s is to be removed.

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. You must list the item 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 website acts as a venue to allow members to offer, sell, and buy art/ design and related items and sellers are charged a fee and/or fees as set out and as advised in our Members' Section link on our website. 4dgallery is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete or complete satisfactorily a transaction or act lawfully in using our Site.

4dgallery assumes no responsibility or liability for a user completing or fulfilling a transaction. A user may seek redress of an uncompleted or unsuccessful transaction directly with the seller/ buyer concerned or through other available avenues of redress. In the event of a dispute or dissatisfaction, you may at your own discretion leave negative feedback on our website against a buyer or seller.

In the event that you have a dispute or complaint with another user, you release 4dgallery (and our affiliates, directors and employees) from all 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). 4dgallery does not authorise and takes no responsibility for email and other communication between registered users and between a registered user and an unregistered user/s.

Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with non-eligible persons, unregistered users/ browsers or people acting under false pretense. Additionally, there may also be risks dealing with international trading.

9. Licenses

To ensure that we do not breach any rights you might have in the information you provide to us, you must agree and do 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. If this is not agreed to nor granted by you then you indemnify us against any claim loss or damage incurred and 4dgallery refuses and does not permit you to use our Site.

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 services offered by 4dgallery do not come with any warranty or condition (express, implied or statutory). We do not guarantee and have no liability for the absence of continuous, uninterrupted or secure access to our services, as operations of our website may be disturbed by factors out of our control or other factors. You agree that 4dgallery is not liable for any loss or damage suffered by you as a result of interrupted or discontinued service and you indemnify 4dgallery against any claim whatsoever. You agree that 4dgallery is not liable or responsible for any illegal and unauthorised conduct by any person relating to hacking and theft by deception and breach of intellectual property. Such matters should be reported to us at your earliest notification.

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 for lost profits or any damages (incidental, consequential or otherwise) and/or negligence or misleading and deceptive conduct arising out of or in connection to our website or the services 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. 4dgallery has no responsibility to a user (buyer or seller) for authenticity, insurance, registered shipping/postage and associated matters of an item/s.

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 Statement. 4dgallery takes no responsibility for your ignorance of any such laws, regulations, terms or conditions and if you are uncertain about any aspect of our website you should seek and obtain independent legal advice.

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 User Agreement or the Privacy Statement
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 are in breach as set out in this clause, 4dgallery reserves our right to take legal action against you. You indemnify 4dgallery against any claim or damage caused or suffered by you as a result of any suspension of your membership by us of any reason.

16. General

This Agreement shall be governed in all respects by the laws of Victoria, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by 4dgallery, in our sole discretion, to a third party in the event of a sale, merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set out the entire understanding and agreement between us with respect to the subject matter hereof. Applicable clauses contained in the User Agreement shall survive any termination or expiration of your membership.

17. General

Your use of 4dgallery website and our services is at your own risk. 4dgallery may contain content and material that you may find objectionable and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. You are not permitted to publish or place illegal material that contravenes any applicable Federal and State laws.

18. Contact

Telephone: +61 3 9560 5543
PO Box 1378 Glen Waverley VIC Australia 3150.
Email: info@4dgallery.com