Terms of Use for Sculpture Journal
Effective Date: 04/2024
Welcome to sculpturejournal.org. These terms and conditions outline the rules and regulations for the use of Sculpture Journal’s website, located at sculpturejournal.org. By accessing this website, we assume you accept these terms and conditions. Do not continue to use sculpturejournal.org if you do not agree to take all of the terms and conditions stated on this page.
1. Intellectual Property Rights
Other than the content you own, under these terms, Sculpture Journal and/or its licensors own all the intellectual property rights and materials contained in this website. You are granted a limited license only for purposes of viewing the material contained on this website.
2. Restrictions
You are specifically restricted from all of the following:
- Publishing any website material in any other media;
- Selling, sublicensing, and/or otherwise commercializing any website material;
- Publicly performing and/or showing any website material;
- Using this website in any way that is or may be damaging to this website;
- Using this website in any way that impacts user access to this website;
- Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website.
3. User-Generated Content
a. Responsibilities: In these Terms of Use, “Your Content” refers to any audio, video, text, images, or other material you choose to display on this website. By displaying Your Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content submitted. You grant Sculpture Journal a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
b. Prohibited Content: You agree not to post, upload, transmit, or otherwise make available content that is:
- Illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Infringing on intellectual property rights, privacy rights, or rights of publicity of others;
- Containing viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
c. Content Moderation: Sculpture Journal does not pre-screen content but reserves the right, at its sole discretion, to monitor, edit, or remove any content at any time and for any reason without prior notice. Sculpture Journal endeavors to promptly remove content that violates these Terms, including content that may be harmful, illegal, or offensive, as soon as it becomes aware of such content. However, we cannot guarantee the immediate removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
d. Reporting Content: Users are encouraged to report content that they believe violates these Terms. Sculpture Journal commits to addressing these reports in a timely and effective manner.
e. Limitation of Liability: You acknowledge that Sculpture Journal is not liable for content posted by users, and further acknowledge that the risk of harm or damage from such content rests entirely with you. You agree to waive any legal or equitable rights or remedies you have or may have against Sculpture Journal with respect to such content.
f. Indemnification: You agree to indemnify, defend, and hold harmless Sculpture Journal and its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms of Use.
4. No warranties
This website is provided “as is,” with all faults, and Sculpture Journal expresses no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you.
5. Limitation of liability
In no event shall Sculpture Journal, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. Sculpture Journal, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website.
6. Indemnification
You hereby indemnify to the fullest extent Sculpture Journal from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these terms.
7. Severability
If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
8. Variation of Terms
Sculpture Journal is permitted to revise these terms at any time as it sees fit, and by using this website you are expected to review these terms on a regular basis.
9. Assignment
The Sculpture Journal is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these terms.
10. Entire Agreement
These terms constitute the entire agreement between Sculpture Journal and you in relation to your use of this website, and supersede all prior agreements and understandings.
11. Governing Law & Jurisdiction
These terms will be governed by and interpreted in accordance with the laws of the State/Country of Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.