Terms

Untitled Document

Welcome to "The Art Ministry" (the "Site"). Thank you for visiting and we hope you find the information supplied useful

It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations and responsibilities to each other and other Site users and Artists. For that reason, we have created these Terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms

If you do not agree with any of the Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.

Areas of this Site within the proprietary online service offered by The Art Ministry may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on 23rd June 2006.

How To Contact Us

This site is controlled and operated by The Art Ministry. P.O.Box 513, Hayes, Middlesex, UB3 9BA. Please forward any questions regarding privacy to: info@artministry.co.uk Please forward any questions regarding other legal matters to: info@artministry.co.uk.

Your Registration

To access this site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this site that all the details you provide will be correct, current, and complete. If we at The Art Ministry believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this site, we will assume (and by using this site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Online Privacy Notice

Your Privacy Is Important To Us

This site and all materials incorporated by The Art Ministry on this site ("material") are protected by copyrights, patents, trade secrets or other proprietary rights ("copyright"). Some of the characters, logos or other images incorporated by The Art Ministry on this site are also protected as registered or unregistered copyrights, trade names and/or service marks of The Art Ministry or others ("Trademarks"). A list of certain of the copyrights and trademarks can be found here, and that list forms part of these Terms of Use. The Art Ministry respects the intellectual property rights of others and asks users of this site to do the same.

The Art Ministry will not disclose any of your details to a third party without your prior consent. By using this Site you are not giving the Art Ministry that consent

Your Use of Material

Your right to make use of this site and any material or other content appearing on it is subject to your strict compliance with these Terms of Use. Modification or use of the material or any other content on this site for any purpose not permitted by these Terms of Use is likely to be a violation of the artist and or creator's copyrights and/or trademarks and is absolutely prohibited.

You may access and display material and all other content displayed on this site for non-commercial, personal entertainment use on a single computer only. The material and all other content on this site may not otherwise be copied, reproduced, published to a third party, republished, uploaded, posted, transmitted, distributed or used in any other way unless previously and specifically authorised by The Art Ministry. Any authorisation to copy material granted by The Art Ministry in any part of this site for any reason is restricted to making a single copy of non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is absolutely prohibited.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE ART MINISTRY AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE ART MINISTRY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ART MINISTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. THE ART MINISTRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERERUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ART MINISTRY WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ART MINISTRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE ART MINISTRY IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ART MINISTRY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE ART MINISTRY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSION IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE ART MINISTRY IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

THE ART MINISTRY DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND WHETHER REASONABLY FORESEEABLE OR NOT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE ART MINISTRY OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE ART MINISTRY, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE ART MINISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT THE ART MINISTRY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING IF APPLICABLE LAW DOES NOT ALLOW ALL FOR ANY PART OF THE ABOVE LIMITATION OR LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Submissions, Postings, and E-mails

The Art Ministry is always interested in hearing from you. It is, however, our policy that we will not accept or consider any unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send The Art Ministry any unsolicited submissions.

From time to time, areas on this site may expressly request submissions for our Programmes, projects or other potential content from you ('Invited Submissions'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this site to govern those submissions since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this site. You may only use this site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by The Art Ministry) or privately transmitted on or through this site are the sole responsibility of the sender, not The Art Ministry, and that you are responsible for all material you upload, post or otherwise transmit to or through this site.

We at The Art Ministry require that you do not post e-mails or submit to or publish through Forums or otherwise make available to this site any content, or act in a way, which in our sole and absolute opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive or is in any other way unlawful or illegal ;

(b) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(c) infringes any intellectual property (or any other) right of any entity or person, including violating an individual's or body corporate's copyrights or trademarks or their rights of publicity;

(d) violates any law or may in our sole opinion violate any law;

(e) you do not have the right to transmit under any contractual or other relationship (e.g, inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(f) advocates or promotes illegal activity of any sort ;

(g) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(h) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g.' conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorised on this site;

(i) solicits funds, advertisers or sponsors; (j) includes programmes which may contain viruses, worms and/or 'Trojan Horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(k) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site;

(l) copies any other pages or images on this site except with appropriate authority;

(m) includes MP3 format files;

(n) amounts to a 'pyramid' or similar scheme;

(o) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(p) disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or

(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by The Art Ministry anywhere on this site (e.g., on any web space made available for your use)

System Abuse

Without limitation, you agree not to send, create or reply to so called "mail bombs" (i.e.' emailing copies of a single message to many users, or sending large or multiple files or message to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site.

Security

Any passwords used for this site are for individual use only. You shall be responsible for the security of your password (if any). The Art Ministry shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that The Art Ministry considers insecure, The Art Ministry will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programmes, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, The Art Ministry reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

The Art Ministry reserves the right to investigate suspected violations of these Terms of Use, including without limitations any violation arising from any submission, posting or e-mails you make or send to any Forum. The Art Ministry may seek to gather information from the user who is suspected on the site of violating these Terms of Use, and from any other user. The Art Ministry may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If The Art Ministry believes, in its sole discretion, that a submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other correction action it deems appropriate. The Art Ministry will fully cooperate with any law enforcement authorities or court order requesting or directing The Art Ministry to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE ART MINISTRY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ART MINISTRY, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ART MINISTRY OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the site on the World Wide Web (including a computer, modem and/or other access devices).

The Art Ministry reserves the right to modify or discontinue, temporarily or permanently, all or any part of the site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations

The Art Ministry makes no representation that Materials or other content in the site are appropriate or available for use outside the United Kingdom, its territories, possessions and protectorates. If you choose to access the site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with all appropriate local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United Kingdom or the country you reside in.

Indemnity

You agree to fully indemnify and hold harmless The Art Ministry and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including legal fees (on the indemnity basis), resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto The Art Ministry servers, and/or from any and all use of your account.

Our Use of Content

The Art Ministry will consider anything you provide to The Art Ministry and/or contribute to this site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by additional terms appearing elsewhere on this site (see 'Submissions, Postings and E-mails' above), in which event those additional terms will determine how we will treat your submission/s.

Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this site and/or providing any communication or material to The Art Ministry ("User Content"), you automatically and irrevocably:

(a) grant and assign to The Art Ministry any and all rights to the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by The Art Ministry and/or by any person authorised by The Art Ministry, by any means and in all media now known or thereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(c) Appoint The Art Ministry as your agent with full power to enter into any document and/or do any act The Art Ministry may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use;

(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that The Art Ministry shall not be liable for any use or disclosure of such User Content.

Third-Party Sites

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of The Art Ministry, and you acknowledge that (whether or not such sites are affiliated in any way with The Art Ministry) The Art Ministry is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by The Art Ministry or any association with its operators.

The Art Ministry cannot ensure that you purchase from any third-party site that links to or from The Art Ministry since other shop channels are owned and operated by independent retailers. The Art Ministry does not endorse any of the merchandise, nor has The Art Ministry taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The Art Ministry does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with request to such sites. No liability whatsoever or howsoever caused can be accepted by the Art Ministry. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary Online Services

Any area of this site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The Materials and all other content in this site are presented solely for the purpose of providing entertainment and information and promoting artwork, films, and other products available in the United Kingdom, its territories, possessions, and protectorates. The site is controlled and operated by The Art Ministry from its offices within the United Kingdom.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the England and Wales , as they are applied to agreements entered into and to be performed entirely within England. Any action you, any third party or The Art Ministry may bring to enforce these Terms of Use or, in connection with any matters related to the site shall be brought only in either the Courts located in London and the United Kingdom, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement

If you believe that any content appearing on the site infringes your copyright rights, we at The Art Ministry want to hear from you. Please forward the following information in writing to the Directors at the address listed below:(this list is non exhaustive)

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorised to act on your behalf; and

(f) a statement by you made under penalty or perjury, that the information in your notice is accurate, that you are the copyright owner or authorised to act on the copyright on the owner's behalf.

(g) proof of the existence of an enforceable copyright

DIRECTOR

The Art Ministry

P.O. Box 513

Hayes

Middlesex

UB3 9BA

E-mail: info@artministry.co.uk

The Art Ministry seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined by law.