Terms and Conditions

User Agreement

Introduction

Colour In Your Life is about building a library of the minds of artists; of seeing the creative journey of everyone in the Art world. We like to encourage site users to be involved in all aspects, whether it be displaying art, writing reviews or giving feedback, participating in groups, forums or webinars, or utilising private messaging to speak with other artists.

It is imperative that all Colour In Your Life users respect the intellectual property rights of others, including copyright and trademarks. That is the only way this online creative arts hub can remain available. You must only upload your own content, created by you, and have permission to use (or authorise others to use) the images.

If you are a customer, please respect the copyright and trademarks of all work you see/buy on Colour In Your Life. Without this respect of intellectual property, Colour In Your Life would not exist. If everyone respects each other and the artwork found here, then you will help add a little Colour to this online Community.

All subscribers or users of Colour In Your Life must be aware that publishing work on the site puts it out there for all the world to see. If you are doing this, you should be aware of the legal responsibilities. It is your responsibility as an artist to make sure you are not breaking any laws by publishing work through Colour In Your Life. Colour In Your Life accepts no responsibility if the work is copied, used fraudulently, or is subject to the rules of licensing via other companies.

These Terms and Conditions of use apply to you if you are a client and/or user of Colour In Your Life, its facilities, Services or advertising and marketing systems. It is intended so that you know your rights and obligations when using any of our Services. Please read all of these terms and conditions carefully. Please note, alterations may be made to these terms and conditions at any time, and it is the responsibility of the user to remain up to date with any and all changes.

Using this website means you have accepted and read this agreement. If you do not agree with the terms set out here, do not use this website.

Acceptable Use

Amendments

Arbitration

Cancelling Orders

Code of Conduct

Commission

Damaged Goods

Delivery

Disclaimer

Eligibility

General

Indemnity

Intellectual Property Rights and License

Legal Agreement

Linked Websites

Loading Content

Members

Offering Art for Sale

Our Service

Passwords

Payments

Purchasing a Product

Reporting Inappropriate Content

Security of Information

Specific Warnings

Suspension and Termination

Appendix – Services Agreement

 

 

 

Acceptable Use

You accept responsibility for all information and material issued or accessed by you from the Service. You also acknowledge that we do not accept responsibility for misleading or wrong information or material available via the Service. You accept that you access and use such information and material at your own risk.

 

 

 

Amendments

There may be times when the terms of this agreement are updated or amended. We will let members of the site know about these changes by sending out a site email to the email address you provide when signing up. Please ensure that the email address you supply when signing up is correct.

We will also make mention of the changes where appropriate on the homepage, and within the Community when possible. Your continued use of the website after these announcements will be taken as acceptance of the new terms.

This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts.

 

 

 

Arbitration

Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.

 

 

 

Cancelling Orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customer’s credit card or PayPal account for the amount in question.

 

 

 

Code of Conduct

In accordance with our host provider, Siteground, several terms and conditions regarding content must be enforced.

Siteground in no way supports, encourages, promotes or hosts any materials which are deemed to be offensive or illegal. This includes pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and hate propaganda. Siteground will not host websites offering a technology, device, Service, product, component or part thereof that is designed to circumvent a technological measure that protects the right of a copyright owner i.e. ModChips.

These conditions will be strictly adhered to for the safety and security of the Colour In Your Life website.

 

 

 

Commission

Colour In Your Life does not charge an artist to list their work in the Store. Colour In Your Life does take a commission based upon your membership status upon sale of the work. If the piece needs to be adjusted or marked up to account for this commission that is entirely up to the artist.

 

 

 

Damaged Goods

If a product is delivered that is physically damaged in some way (for example the canvas is damaged or the frame has been cracked) Colour In Your Life will contact the seller to confirm in what state the piece left their care, and then take necessary action to either return the damaged item while issuing a refund, or organize other recompense for the damage. This will only be done after receiving proof of the damage.

If you receive a damaged product, then you must contact Colour In Your Life customer Service within a fortnight of receipt to tell us about the nature of the damage.

Please note that artists publishing to the website is creator-controlled and we do not screen all of the content on our site. It is the customers responsibility to verify the quality of the content before ordering a product, and it is the artist’s responsibility to list the highest quality product possible.

 

 

 

Delivery

Delivery will be organized by the artist shipping the work, the payment for the shipping having been confirmed within the purchase area of the shop or with the customer prior to final payment.

 

 

 

Disclaimer

  1. We do not represent or guarantee that Colour In Your Life or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to Colour In Your Life or these websites will be uninterrupted. The World Wide Web changes constantly, many web sites also change constantly. As a result, the Service cannot and does not guarantee that your search results will be complete or that the any links from the Service will be accurate at the time of you using the Service The sites listed or presented by the Service are developed by persons over whom we exercise no control. We do not screen sites listed in or presented by the Service. Accordingly, we assume no responsibility for the content of any site or outgoing links or information held within the Service.
  2. You acknowledge that the Service may include technical inaccuracies, may be affected by outages, faults and/or delays. Such issues may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures or typographical errors and we make no warranties or representations regarding the quality, accuracy or merchantability for any of the information or material accessible via the Service. You agree that any content viewed, downloaded or otherwise obtained through the use of the Service is done completely at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such content.

Notable disclaimers:

  • We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties
  • We do not warrant that all uploaded content will be available on our website. If we elect in our discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
  • We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website;
  • nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

 

 

Eligibility

Colour In Your Life Services are only available to, or may be used by, those individuals who can form legally binding contracts under applicable law. All Services of Colour In Your Life are not available to persons under sixteen (16) years of age.

 

 

 

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by logging into your account, going to Profile settings and clicking on the hyperlink titled ‘Delete Profile’.

 

 

 

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

(i) your breach of any clause of this agreement;

(ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or

(iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

 

 

 

Intellectual Property Rights and license

You license Colour In Your Life to use and sub-license your content in accordance with this agreement for the purposes of providing the Colour In Your Life Services.

All intellectual property rights in this website and the Colour In Your Life Service are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright and Trademark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialize any information, products or Services obtained from any part of this website, without our written permission.

If you use any of our trademarks in reference to our activities, products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or Services (including this website).

 

 

 

Legal Agreement

Visitors (‘user’, ‘you’, ‘your’) to the Colour In Your Life website at www.colourinyourlife.com.au (‘the website’) are entering a binding legal agreement on the following terms (the ‘agreement’) when using the website. The agreement is between the user and either or both of Put Some Colour In Your Life Pty Ltd (ACN 153 323 374) (‘Colour In Your Life’, ‘we’, ‘us’, ‘our’ refer to either ‘Put Some Colour In Your Life Pty Ltd’ or ‘Colour In Your Life’, or both as the context requires) and use of this website indicates continued acceptance of this agreement.

 

 

 

Linked Websites

This website may contain links to other websites (‘linked websites’). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information contained on those linked websites, unless stipulated to the contrary.

 

 

 

Loading Content

You keep the copyright in any content you submit or upload to the website. In order to receive the Colour In Your Life Services you grant Colour In Your Life a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the website you represent and warrant that:

  • you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
  • the content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
  • your use of the website will comply with all applicable law, rules and regulations;
  • the content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • the content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
  • the content is not misleading and deceptive and does not offer or disseminate fraudulent goods, Services, schemes, or promotions.

Colour In Your Life reserves the right, at its discretion, to remove any content from the website (up to and including cancelling your account) if it deems your content breaches your agreement with us. This is also the case for any laws applicable, or otherwise.

You agree to indemnify Colour In Your Life in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

 

 

 

Members

You can become a registered member (‘member’) of the site by setting up a password protected account. This will require you to select a username not already in use, and a password. You must become a member before you will be able to place content on the site. This is not limited to reviews, however, which can be given anywhere and at any time. Inappropriate or negative content will be taken down. At its discretion, Colour In Your Life may refuse any username it deems inappropriate (in accordance with site host rules and regulations) or refuse any person from becoming a member.

Any of the information published to the public section of your profile can be viewed, distributed or linked to within the site. We care about your privacy, and you can read about our Privacy Policy if you would like to know how we handle your personal information please refer to our privacy policy.

You may close your account at any time by logging into your account, going to Profile settings and clicking on the hyperlink titled ‘Delete Profile’.

 

 

 

 

 

 

Offering art for sale

Any member of the site may offer their art for sale on the website by appointing Colour In Your Life to facilitate the transaction. All sales must be made via the Colour In Your Life Store, and meet the terms of the Service Agreement. By agreeing to the terms of this User Agreement you are agreeing to the terms of the Services Agreement, which applies from the date you first offer art for sale on the site.

 

 

 

Our Service

There are a range of Services on offer from Colour In Your Life (the ‘Colour In Your Life Service’) that, amongst other things, enable you to publish, sell, discuss and purchase art; and interact with other members. You also receive the benefits of Colour In Your Life’s assistance with product fulfillment, which includes payment processing, customer Service and shipping.

Digital content on the website (‘content’) can be information, text, data, graphics, images, photographs, sound, video, music, or any other material posted by users. Any content a user uploads into their profile is classed as ‘art’. This art can be viewed by all members of the website once you elect to publish it.

You may offer your art for sale through the appropriate avenues of Colour In Your Life. If a customer decides to place an order, then Colour In Your Life will forward all necessary information to the seller to organize the shipping of the product (‘the product’) in the form specified by the seller or the customer.

 

 

 

Passwords

You are responsible for keeping your password information relating to Colour In Your Life safe and contained. Colour In Your Life accepts no responsibility for passwords lost or used incorrectly. This can include product purchasing, content display, and messages. You are solely responsible for any loss caused by any use of your password, by you or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

If you have any difficulty accessing your account, you will be able to update or reset your password here: Password Recovery.

 

 

 

Payments (After the Art is Sold)

Payment terms are explained in the Appendix – Services Agreement Item 4.

 

 

 

Purchasing a Product on Colour In Your Life

Users can purchase products on the Colour In Your Life website using a valid credit card or the PayPal system. There are several inherent rules involved with using the Shop:

  • You do not have to be a member to purchase a product.
  • The price you pay is fixed at the time of ordering.
  • You may not cancel an order once it has been submitted.
  • It is the customer’s responsibility to ensure the product delivery address is correct. (Colour In Your Life accepts no responsibility for products not received due to incorrect address details provided)

 

 

 

Reporting inappropriate content

Colour In Your Life does not manually screen all content before it is displayed on the website. On occasion, members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes (but is not limited to) anything that:

  • infringes upon the copyright or intellectual copyright of any person or company
  • defames or vilifies any person, people, race, religion or religious group
  • is obscene, pornographic, indecent, harassing, threatening, harmful
  • is invasive of privacy or publicity rights
  • is abusive, inflammatory or otherwise objectionable

Colour In Your Life reserves the right to remove or edit such content.

If you believe there is content listed on the website that violates any of the above, please report the work as inappropriate. If you believe your copyright or intellectual property rights are being infringed, please make a formal complaint by contacting Support at Colour In Your Life.

 

 

 

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

 

 

 

Specific Warnings

Please ensure that your access to this website and Colour In Your Life is legal, or not prohibited by laws that apply to you. It is your responsibility to take precautions to ensure that the process that you utilize for accessing this website does not expose you to the risk of viruses, malicious computer code and other forms of interference which may damage your computer system.

Colour In Your Life accepts no responsibility for any damage that may occur to your computer with your use of this website or websites linked to it. Colour In Your Life does not accept liability for any losses arising, directly or indirectly, from a failure to provide Service, corruption or loss of data, errors or interruptions, any suspension or discontinuance of the Colour In Your Life Service, or transmissions by others in a contravention of the registered members’ obligations as set out in this agreement.

You accept that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

 

 

 

Suspension or Termination

We may from time to time without notice suspend the Service or disconnect or deny you access to the Service:

  1. During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Service as reasonably practicable; or
  2. If you fail to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the effect of jeopardising the operation of any Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension. You acknowledge that the Service may experience technical difficulties at any point in time, and in such a case may not function properly, or may be completely out of Service. Colour In Your Life takes no responsibility for any loss to you; the client, the relation, or user of the Service in such a case.
  3. We reserve the right to un-publish or deactivate any customers account if the account is not a) maintained, b) consistently updated with relevant information or work, or c) contains inappropriate images or information. Empty accounts on the system will be removed to comply with Colour in Your Life’s desire to create a library of the minds of artists. ‘Un-publish’ means whilst you remain registered with Colour in Your Life, your profile name will not be visible until such time you have uploaded images. ‘Deactivate’ means to remove your profile registration entirely.

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

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APPENDIX – Services Agreement

You wish to use Colour In Your Life’s Services to facilitate marketing and sale of your art and to arrange for delivery of a physical product (‘your product’) once an order has been made through www.colourinyourlife.com (‘the website’). Colour In Your Life will provide the Services on the terms set out in this Services Agreement.

  1. Services

1.1 Colour In Your Life, acting as an independent contractor under your instructions will market to and obtain orders from customers for the purchase of your products over the website.

1.2 Colour In Your Life will provide the Services pursuant to this agreement until termination in accordance with its terms.

1.3 You agree that Colour In Your Life is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.

  1. License and standing instructions

2.1 You grant Colour In Your Life a non-exclusive royalty free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.

2.2 You hereby instruct Colour In Your Life to facilitate payment, manufacture and shipping in respect of orders for your product(s) via the website and Colour In Your Life will facilitate such payment, manufacture and shipping in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.

  1. Sale of your products

3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer, Colour In Your Life’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Colour In Your Life’s fee are referred to collectively, and inclusive of tax, as the ‘base amount’), your creator margin (‘your margin’), and any relevant tax (such as Sales Tax, GST, VAT, etc). Shipping charges will also be added. When making each individual work available for sale you are able to select any percentage markup you wish, greater than or equal to 0, above the base amount but below the automated upper limit set by Colour In Your Life (subject to change from time to time). The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.

3.2 You may change the percentage markup on top of the base amount at any time by changing your selection on the website. We may change the base amount at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base amount (e.g. if we increase our base amount, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.

3.3 Colour In Your Life will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.

3.4 You agree that Colour In Your Life makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.

 

 

 

  1. Payment terms

4.1 You authorize Colour In Your Life to collect, hold and distribute the retail price and shipping charges (“sale proceeds”) from customers on the terms set out in this clause 4.

4.2 You authorize Colour In Your Life to deduct the base amount and the shipping charges from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.

4.3 We will either initiate a PayPal deposit or direct bank deposit once the customer has confirmed receipt of the goods in satisfactory condition.

4.4 It is your responsibility to ensure Colour In Your Life has current details of your postal address and bank account details. Colour In Your Life will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Colour In Your Life of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.

  1. Taxation responsibility

5.1 Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, VAT, GST and other transactional taxes.

5.2 You will indicate to us on the website whether you are registered for Goods and Services Tax (GST) or similar taxes. If you are required to add GST to your products, that amount will be added to the price charged to the customer. We will collect that amount on your behalf and distribute it to you with your margin using the payment method you have selected on the website.

5.3 If you have an Australian Business Number (ABN) you may submit your ABN to the website where requested. If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to provide more information about the circumstances under which you are offering your products for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you.

5.4 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

  1. Indemnity

6.1 You hereby indemnify and will keep Colour In Your Life indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.

6.2 This clause 6 will survive the termination of this Services Agreement.

  1. Limitation of liability

7.1 In no case will Colour In Your Life be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

  1. Terminating this agreement

8.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.

8.2 Colour In Your Life may give notice of termination of this Services Agreement to you in writing at any time

 

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