1.1 These Terms and Conditions of Use set out the rights and obligations of users of the website www.kerrythompsonsgallery.com. In consideration of Kerry Thompson the owner of this website providing access to the Website all use of the same by anyone accessing the Website is subject to these Terms and Conditions of Use and all people accessing the Website are deemed to understand and accept these Terms and Conditions of Use without limitation or qualification. If any person accessing the Website does not accept these Terms and Conditions of Use, they should immediately desist from using the Website.
1.2 Kerry Thompson reserves the right to vary these Terms and Conditions of Use from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions of Use upon the Website. In continuing to use the Websites, any person accessing the Websites is deemed to accept such variations.
1.3 Kerry Thompson reserves the right to withdraw or modify any aspect of the Website for whatever reason, whether legal, technical or otherwise.
2 Information, Accuracy and Availability
2.1 Whilst Kerry Thompson makes every effort to present accurate and reliable material and information on the Website, she does not endorse, approve or certify any material and information on the Website as true or accurate, nor does she guarantee the completeness, efficacy or timeliness of such material and information. Reference to any product, process or service does not constitute nor imply endorsement or recommendation from Kerry Thompson unless expressly stated. Accordingly, Kerry Thompson does not accept any liability arising from any inaccuracy or omission in the information provided or in relation to any such product, process or service.
2.2 Furthermore, Kerry Thompson makes no representations or warranties about the suitability of the information contained in the Websites for any purpose. Kerry Thompson hereby disclaims all warranties and conditions with regard to this information, including, to the extent enforceable, all warranties and conditions whether express, implied or statutory, of satisfactory quality, fitness for a particular purpose and non-infringement of third party rights.
2.3 Any persons accessing the Website do so entirely at their own risk.
3 Links to Other Websites
3.1 At certain places on the Website, hypertext links are provided to enable any person accessing the Website to directly access other third party websites. These third party websites contain material or information created, published and maintained by organisations independent of Kerry Thompson. Kerry Thompson does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites.
3.2 Kerry Thompson assumes no responsibility for any consequences resulting from the use of any material and information contained on the Website or on any linked third party websites and expressly disclaims all liability for damage arising out of the use, reference to, reliance upon or performance due to such information.
4 Representations and Warranties
4.1 Persons accessing the Website will not seek to amend anything on the Website or include or create any link to the Website without Kerry Thompson’s express written consent.
4.2 Persons accessing the Website will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed off the Website, or use such materials for a purpose not envisaged by these Terms and Conditions of Use.
4.3 Persons accessing the Website must not seek to introduce any computer virus (including any variant or similar code or instructions) to the Website, nor deliberately seek to prevent or hinder the Website's usual operations in any manner whatsoever.
4.4 Persons accessing the Website will indemnify and hold harmless Kerry Thompson against all and any loss, damage or expense howsoever incurred by Kerry Thompson arising from any non observance by such person of any of these Terms and Conditions of Use. In addition and without prejudice to any other remedy that may be available to Kerry Thompson hereunder, in the event that any person accessing the Website breaches any of these Terms and Conditions of Use they will as soon as practicable and at their own cost remedy any such breach.
5 Alerting Kerry Thompson
If persons accessing the Website see anything on the Website which appears to infringe these Terms and Conditions of Use, please contact Kerry Thompson by emailing her via www.kerrythompsonsgallery.com. It is expressly agreed that Kerry Thompson reserves the right at her sole discretion and at any time without notice to exclude any person from accessing the Website including in circumstances where Kerry Thompson anticipates that any persons accessing the Website will act other than in accordance with these Terms and Conditions of Use or establishes that such persons are acting or have acted other than in accordance with these Terms and Conditions of Use.
6 Intellectual Property & Use of the Website
6.1 All patents, registered designs, registered trade marks and any applications for such registered rights, copyright, database rights, unregistered design rights, unregistered trade marks, trade or business names (including internet domain names) and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist in and relating to Kerry Thompson and the Website anywhere in the world are owned by Kerry Thompson or third parties and will remain vested in them.
6.2 Persons accessing the Website may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Websites’ content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any the Website's content except for your own personal, non-commercial use. Any other use of the Website's content requires the prior written permission of Kerry Thompson.
6.3 Persons accessing the Website agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
6.4 Kerry Thompson neither warrants nor represents that any person’s use of the material displayed on the Websites will not infringe rights of third parties.
7 Limitation of liability
7.1 Kerry Thompson will not be liable to persons accessing the Website or any third party for any direct, indirect or consequential loss or damage howsoever caused (whether arising out of any negligence or breach of these Terms and Conditions of Use or otherwise).
7.2 Kerry Thompson will not be liable for any failure to perform its obligations under these Terms and Conditions of Use caused by matters beyond its control, howsoever arising.
8 Non-excluded Liabilities
Nothing in these Terms and Conditions of Use limit Kerry Thompson’s liability for death or personal injury resulting from Kerry Thompson’s negligence, or any other liability which may not be lawfully excluded.
Kerry Thompson reserves the right to assign these Terms and Conditions of Use and to assign or subcontract all or any of her rights and obligations under these Terms and Conditions of Use. Persons accessing the Website may not without the written consent of Kerry Thompson assign these Terms and Conditions of Use.
10.2 Further to paragraph 10.1, by submitting your contribution to the Website, you warrant that your contribution:
* is your own original work and that you have the right to make it available to Kerry Thompson for all the purposes specified above;
* is not defamatory;
* does not infringe any law;and
* does not violate, plagiarise, or infringe the rights of third parties including copyright, trade mark, trade secrets, right of confidentiality, privacy, publicity, personal or proprietary rights.
and you indemnify Kerry Thompson against all legal fees, damages and other expenses that may be incurred by Kerry Thompson as a result of your breach of the above warranties, and waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and for the purposes specified above.
10.3 Kerry Thompson reserves the right to remove from and block contributions to the Websites which
* are likely to disrupt, provoke, attack or offend others
* are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionablecontain swear words or other language likely to offend
* break the law or condone or encourage unlawful activity (this includes breach of copyright or right of confidentiality, defamation and contempt of court).
* advertise products or services for profit or gain
* are seen to impersonate someone else
* include contact details such as phone numbers, postal or email addresses
* are written in anything other than English
* contain links to other websites
* describe or encourage activities which could endanger the safety or well-being of others
* are considered to be ‘spam’, that is posts containing the same, or similar, message posted multiple times
11 Entire Agreement
These Terms and Conditions of Use represent the whole agreement between persons accessing the Website and Kerry Thompson concerning the Website and they replace all earlier agreements and understandings between such persons and Kerry Thompson. Any person who is not a party to any agreement formed under these Terms and Conditions of Use has no rights to rely upon or enforce any terms of these Terms and Conditions of Use.
In the event that any term of these Terms and Conditions of Use is held to be invalid or unenforceable by a court of appropriate jurisdiction, the remaining Terms and Conditions of Use shall remain valid and enforceable.
These Terms and Conditions of Use shall be governed and construed in accordance with the law of Australia.
In the event of any conflict or inconsistency between the terms of the English version of these Terms and Conditions of Use and any translation, whether provided by Kerry Thompson or otherwise, the English version of the Terms of Conditions of Use shall prevail.
By providing information about yourself in the "Contact" form on this website, you agree that I may use your information on my site.
While I will not give your email or submission to any other party or site, anything you have submitted is available to the public and as such may be used by them without my knowledge.
16 Downloading: Standard Licence Terms
By downloading an RSS Feed (“Kerry Thompson Feed”) or by downloading any information, materials or logos from Kerry Thompson, you agree to be bound by the terms set out below (the “Standard Licence”). This Standard Licence may be updated by Kerry Thompson from time to time and such updated Standard Licence terms shall take effect from the date of the update.
16.2 Use of Kerry Thompson's content
16.2.1 You may not use Kerry Thompson's Feed or display any of Kerry Thompson's Content on any Site that is a website that is excluded by Kerry Thompson (scroll down for the list of Excluded Websites, as may be amended by Kerry Thompson from time to time).
16.2.2 You may not directly or indirectly charge users specifically for accessing Kerry Thompson's Content or otherwise commercialise such content, or attempt to re-sell Kerry Thompson's Online Content in any way.
16.2.3 You may not directly suggest any endorsement or approval by Kerry Thompson of your Site.
16.2.4 You may not directly or indirectly change, edit, add to or produce summaries of Kerry Thompson's Online Content or any content on the Website.
16.2.5 Should you receive any enquiries which relate to Kerry Thompson or the Content you should promptly refer such enquiries to firstname.lastname@example.org.
16.3. Warranties and liability
16.3.1 You warrant to Kerry Thompson that:
184.108.40.206 you have fully complied with, and shall continue to comply fully with, all applicable laws and regulations;
220.127.116.11 the Site shall contain no material which is libellous, defamatory, pornographic, obscene or which brings Kerry Thompson into disrepute, or which is in breach of any third party intellectual property rights; and
18.104.22.168 users of the Site shall be required to comply with terms that are equivalent to the terms of the Standard Licence in relation to their use of Kerry Thompson's Online Content.
16.3.3 To the maximum extent permitted by law, Kerry Thompson excludes all liability to you for any loss or damage howsoever arising out of or in connection with this Standard Licence, including but not limited to any liability arising in relation to the Kerry Thompson Online Content or any content on the Websites, any virus or other contamination or any unavailability of Kerry Thompson's site.
16.3.4 Each provision of this clause 16.3 operates separately in itself and survives independently of the others.
You hereby agree to indemnify, hold harmless and defend Kerry Thompson in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of this Standard Licence or otherwise in connection with your use of the Kerry Thompson Online Feed (including the Kerry Thompson Content).
16.5.1 You may terminate this Standard Licence at any time by destroying or removing all copies of the Kerry Thompson Feed (including the Kerry Thompson Content) from your Site, all hard drives, networks and other storage media.
16.5.2 Kerry Thompson may restrict, suspend or terminate the Kerry Thompson Online Feed, this Standard Licence or your access to the Kerry Thompson Online Feed at any time without liability. You agree to destroy all copies of the Kerry Thompson Online Feed (including the Kerry Thompson Content) upon receiving notice of termination from Kerry Thompson. Notwithstanding the above, Kerry Thompson shall retain the right to automatically disable or terminate the Kerry Thompson Online Feed (including the Kerry Thompson Online Content).
16.5.3 Clause 16.3, 16.4 and 16.6 shall survive termination of this Standard Licence.
16.6.1 Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Standard Licence in whole or in part to any third party.
16.6.2 This Standard Licence supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Standard Licence.
16.6.3 Any failure or delay by either party in exercising its rights under any provisions of this Standard Licence shall not be construed as a waiver of those rights at any time now or in the future.
16.6.4 This Standard Licence shall be governed by, construed and take effect in accordance with Australian law and the Australian courts shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Standard Licence.
16.7. Excluded websites
The Kerry Thompson Online RSS Feeds and any Kerry Thompson Online Content contained in the Kerry Thompson Online RSS Feeds may only be displayed on websites that do not fall into any one or more of the categories listed below. A Site will be deemed to fall within one of the following categories where there is any section of the Site that falls within such category:
16.7.1 sites that incite hatred, whether based on race, religion, gender, sexuality or otherwise or promote or encourage or facilitate anti-social behaviour;
16.7.2 sites that promote, encourage or facilitate violence;
16.7.3 sites that promote, encourage or facilitate terrorism or other activities that risk any national security;
16.7.4 sites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
16.7.5 sites that promote, facilitate or encourage illegal activity;
16.7.6 sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Australian law; or
16.7.7 sites that link to other sites deemed to fall within clauses 16.7.1 – 16.7.6 above.
Any Kerry Thompson Online Feed or Kerry Thompson Online Content on your Site must incorporate an attribution (credit) to Kerry Thompson in the following form: