Terms and Conditions
Terms of use of 3d Limited trading as “GalleryCentric”
How GalleryCentric™ works.
1. 3D Limited trading as GalleryCentric (“we/our”) provides galleries and artists with virtual exhibition spaces and (if required) internet commerce services for selling their artworks.
2. The artist or gallery (“you/your”) opens a MyGalleryCentric account to access our services. Opening the account is free.
3, GalleryCentric then provides you with an online place to create exhibitions and to showcase your artworks, on the GalleryCentric website and/or on any other site of your choice.
4. You retain ownership of all your intellectual property rights in your artworks. The only intellectual property right we are given in your artworks is a non-exclusive licence to display them in the exhibition(s) on our website and to use and/or refer to them in our promotional material.
5. You may opt out of giving us the right to use and/or refer to your artworks/ exhibitions both on our website and/or in our promotional materials in both hardcopy and electronic form by checking the “don’t list” box in your user account.
6. GalleryCentric™ retains ownership, control and the right to use and provide their website and all content on it (including all digital imagery, photographs, text, articles, audio, video and animation files.) The copyright and any other intellectual property rights in any material we provide remain our property. Provided you comply with these terms of use you may electronically reproduce the content of your exhibitions created from our website, and display or distribute the content of those exhibitions to whom ever you choose.
Your responsibilities
1. It is your responsibility to ensure that your use of GalleryCentric complies with these Terms of Use and is consistent with all applicable New Zealand and international laws and regulations.
2. In particular, you must not submit to GalleryCentric any material that:
Infringes any copyright, trade mark or other intellectual property right. It is very important that artworks submitted to and displayed on GalleryCentric must be your own original works, or works that you have the express permission of the creator/owner to display on GalleryCentric.
Is defamatory.
Is obscene, pornographic or legally offensive.
3. You must not use or link to the GalleryCentric website, or use a GalleryCentric-created exhibition on your own website, in a way that breaches New Zealand’s anti-spam legislation, the Unsolicited Electronic Messages Act 2007. You can read about the requirements of this legislation on the New Zealand Department of Internal Affairs’ www.antispam.govt.nz website.
4. You agree to keep us indemnified against any claims, losses, liabilities and expenses (including legal expenses) resulting from your breach of these Terms of Use. This includes (without limitation) claims for copyright or other forms of intellectual property infringement in the event you have submitted an artwork that you did not have the right to submit to (or keep displayed on) GalleryCentric.
5. “GalleryCentric is the trade mark of 3d Limited. The GalleryCentric logo and trade mark notice must be displayed on all exhibitions created using GalleryCentric, whatever medium the exhibition (or image from it) is shown in. The “GalleryCentric ™” logo must be displayed in the bottom right hand corner at the same relative size as it is displayed when publishing an exhibition.
My GalleryCentric accounts
1. Once you have opened a My GalleryCentric account, access to it is by your designated email address and password. You may change your password at any time.
2. You will be liable for all activities conducted through your account whether or not authorised by you, until we are notified of the unauthorised use and have been able to block it.
3. If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may suspend your account and/or access to the website without notice.
Our Responsibilities
1. We will provide access to the GalleryCentric website and use reasonable endeavours to ensure it operates reliably and consistently. However we do not guarantee that it will operate continuously or be fault-free. To the extent permitted by New Zealand law, we exclude all warranties, terms and conditions (for example, warranties and conditions as to fitness or purpose and merchantability) whether express or implied by statute, common law or otherwise.
2. If you are acquiring or holding yourself out as acquiring our services for business purposes, the Consumer Guarantees Act 1993 (New Zealand) will not apply.
3. We are not responsible or liable to you for any loss, damage or injury suffered by you arising out of or connected with the performance or non-performance of our agreement, including by reason of any interruption of the website, suspension or termination of your access to the website, cancellation of your account. Any liability we do have to you will be limited to the amount you have paid over the leasing period on MyGalleryCentric account.
4. There will be times when we need to temporarily suspend or restrict access to the website so we can carry out maintenance and development work. We will try to make sure we give you advance notice of these suspensions.
5. Either you or we may terminate this agreement by giving the other 14 days written notice. As well, we may terminate the agreement immediately by written notice if you have committed a material breach of these Terms of Use which cannot be remedied or which you have failed to remedy, or on commencement of any insolvency or liquidation or receivership process against you.
6. It is your responsibility to keep us informed of all changes in your contact details. Any notices we send you will be to your most recently advised contact address.
We may change these Terms of Use from time to time and the changes will be effective from the time they are published on our website.
Jurisdiction
1. Our agreement will be governed by New Zealand law and you and we both submit to the exclusive jurisdiction of the New Zealand courts