These terms and conditions are issued by Advanced Distribution Limited, a limited liability company registered in New Zealand (company number 3706778). Advanced Distribution Limited owns and maintains the website: www.studentartguide.com (“the Site”). Please read these terms and conditions carefully as they govern the use of services provided to you by the Site.
1. Accepting the Terms of Service
These terms and conditions are to be read collectively with our Privacy Statement and document (the “Terms”). Your use of the Site means that you accept the Terms. If you do not agree with the Terms, please leave the Site immediately.
The Terms apply to all users, subscribers, customers or people who visit the Site (the “Users”) and use the Site, products, services and/or content provided. The Site, products and services provided by Advanced Distribution Limited, together with its agents, employees, officers and directors, are collectively referred to as the “Services”.
2. Modification of Terms
Advanced Distribution Limited reserves the right, in its sole discretion, to modify and revise the Terms at any time. It is your responsibility to review changes to the Terms. If you have registered as a member, we will endeavour to notify you of any material changes to the Terms by email or other acceptable methods of communication. Your use of the Site, following publishing of updated Terms, constitutes acceptance of the updated Terms.
3. Content and User-Generated Content
You acknowledge that the Site is owned by Advanced Distribution Limited. Copyright, intellectual property rights and all content (other than artwork by artists or students described below) are owned by Advanced Distribution Limited and its licencors.
The Site retains ownership of all intellectual property rights associated with the content on this website, all rights reserved. Copyright of artwork belongs to the artist or student who created the artwork. This Site owns copyright of all other content, which includes, without limitation, teaching resources, video, audio, photographs, images, text, graphics, illustrations, animations, logos, written content, comments, information, data, software, scripts, executable files or any other content made accessible on or through the Site.
When you submit content to the Site (such as an article or Featured Art Project), the content (excluding artwork as described below) becomes property of the Site. You agree to provide a permanent, exclusive, assignable, royalty free license to display, publish, reproduce, cache, distribute and modify the content (modifications will be reasonable, such as editing corrections or making updates where information has become outdated). In addition, you agree not to publish or display the content elsewhere in any form, media or technology now known or later developed. This helps us to ensure that the Student Art Guide contains original information and remains a high quality destination for users. Your content will be used in ways that you would expect from the Site (displayed within articles, educational publications, home page feeds, RSS feeds etc.) and for Site promotion purposes (Youtube, Twitter, Facebook, Pinterest, Google +, Newsletters and other Site promotion avenues).
By submitting artwork (including drawings, paintings, photographs and moving image) to the Site for publication, you agree to provide a permanent, non-exclusive, assignable, royalty free license to display, publish, reproduce, cache, distribute and modify this artwork (modification will involve reasonable alterations only, including but not limited to cropping, altering image size, enhancing contrast or combining with relevant text). You will always retain ownership and copyright of your artwork. Your artwork will be used in ways that you would expect from the Site (displayed within articles, educational publications, home page feeds, RSS feeds etc.) and for Site promotion purposes (Youtube, Twitter, Facebook, Pinterest, Google +, Newsletters and other Site promotion avenues). Your artwork will never be sold to third parties without your consent.
You are responsible for all content submitted to the Site. By submitting content to the Site, you acknowledge that you are the rightful owner of the content and that it does not contain any inaccuracies, omissions or misleading information.
Advanced Distribution Limited reserves the right to remove any content in its own discretion, at any time and without notice. You agree that Advanced Distribution will not be held liable to you for any removal of content.
No person under the age of thirteen (13) may use the Services provided by the Site or provide any information to the Site (including, for example, name, telephone number, address or email address). If you are under the age of thirteen you may not use the Site under any circumstances.
You agree that information provided upon registration, and at all other times, is complete and accurate. It is important that your email address is kept up-to-date, when signing up for newsletters or entering competitions, as this is the only way we can contact you.
The Site is provided on an “as is” and “as available” basis. Whilst it is intended that the Site is available 24 hours per day, Advanced Distribution Limited cannot be held liable for instances where the Site is unavailable for any period of time.
Advanced Distribution Limited reserves the right to add, modify and discontinue Services to the Site, in its own discretion, at any time and without notice. You agree that Advanced Distribution Limited will not be held liable to you for any modification or discontinuation of any Service.
Advanced Distribution Limited will co-operate with any law enforcement authorities or court order requesting or directing Advanced Distribution Limited to disclose, identify or locate anyone posting inappropriate content.
Advanced Distribution Limited accepts no responsibility for actively monitoring the Site for inappropriate content. You acknowledge that you are solely responsible for content that you submit to the Site. You agree that Advanced Distribution Limited can edit, restrict or remove user-generated content without liability.
You agree not to use third party software to change the appearance of the website, including but not limited to, ad blockers and software that alter advertisements and content displayed to the end user.
You agree not to use the Site or Service:
6.1. For any unlawful purposes.
6.2. To submit any content that is threatening, defamatory, obscene, indecent, scandalous, inflammatory, seditious, pornographic, offensive, abusive, discriminatory, menacing, incites racial hatred, breaches privacy or is otherwise objectionable.
6.3. To submit content that infringes copyright, trademark, patent or other intellectual property rights, or to facilitate the unlawful distribution of copyrighted content or illegal content.
6.4. To upload any material that is technically harmful to the Site or anyone else’s computer systems, including, but not limited to, a virus, worm, Trojan horse, logic bomb or any other corrupted or malicious data designed to damage or allow unauthorised access to the Service.
6.5. To use any robot, spider, scraper or any other means to gain unauthorised access to the Site and its contents.
6.6. For commercial purposes, including selling access to Services or content for the purpose of gaining advertising or affiliate revenue.
6.7. To copy, plagiarise or use Site content (including user-generated content) for any other dishonest means, including, and without limitation, to submitting coursework or other content to your education provider.
6.8. To harass, abuse, bully, threaten or defraud any person connected with the Site.
6.9. To reproduce or store any part of the Site without written consent from Advanced Distribution Limited, except as described for classroom use here.
Advanced Distribution is committed to safeguarding your privacy. Any information that you provide to the Site is subject to Advanced Distribution’s Privacy Statement. Please review this Privacy Statement to ensure that you understand how this information is collected and used.
Copyright, intellectual property rights and all content (other than artwork, as described above) are owned by Advanced Distribution Limited and its licencors.
You agree that you will respect the rights of others in regards to the ownership of copyrighted content and that you have the necessary license for all content that you submit to the Site.
You may not distribute, reproduce, display or prepare derivative works based on any content without the express, written consent of Advanced Distribution Limited or the appropriate owner of the copyright.
Advanced Distribution Limited reserves the right to remove content that infringe upon the intellectual property rights of others.
9. External Links
The Site may link to third-party websites or resources. If you click on these links you leave the Site. Advanced Distribution Limited has not reviewed all links and, as such, is not responsible for their content or availability. Links to third-party websites do not imply endorsement by Advanced Distribution Limited of content, resources, services or any other material found there. If you decide to access links to third-party websites, you do so at your own risk.
10. Storage Policy
At this time, Advanced Distribution Limited provides free storage for content that past users have uploaded to the Site. You acknowledge that Advanced Distribution Limited, at its own discretion, may at any time set limits concerning your use of the Services, including but not limited to:
10.1. The number of images and galleries a user can upload
10.2. The maximum size of image files
10.3. The maximum disk space allotted to Users for storage
Advanced Distribution Limited reserves the right to terminate or suspend inactive accounts at its own discretion. Advanced Distribution Limited shall have no responsibility or liability for the deletion or failure to store any content uploaded by Users to the Site. Users are solely responsible for creating back-ups of their content.
12. Termination of Membership
You agree that Advanced Distribution Limited may, at any time and without notice or liability, terminate or suspend User memberships for any reason, but not limited to, failure to comply with the Terms. Upon suspension or termination, your right to access the Site and Services will cease immediately and your content may be deleted at Advanced Distribution Limited’s sole discretion.
The Site is not an official provider of educational advice or content and is not affiliated with any educational body. The advice given should only be followed by students in conjunction with advice from their own teacher and only at the student’s own discretion. Advice is not intended to replace the hands-on expertise of the teacher in your own classroom. No advice or information, whether written or oral, obtained from the Site or through the Services, will create any warranty.
Advanced Distribution Limited does not warrant the accuracy or completeness of content on the Site. Content on the Site may be out of date and Advanced Distribution makes no commitment to update such content. Advanced Distribution Limited makes no warranty as to grades or educational outcomes achieved as a result of using the Site.
Services provided on the Site are provided on an “as is” and “as available” basis. Advanced Distribution Limited makes no warranties of any kind, express or implied, as to the operation of the Services, or the content or products, provided through the Services. In addition, Advanced Distribution Limited makes no warranty as to the security, reliability, timeliness and performance of the Services.
14. Limitation of Liability
To the maximum extent permitted by the law, Advanced Distribution Limited (including employees, directors, shareholders, representatives, consultants or agents) shall not be held liable for any amount or kind of loss that may result to you or third parties in connection with the Site (including user generated content). This includes, without limitation, any direct, indirect, incidental, punitive, exemplary, consequential or special loss or damages resulting from (1) your access to the Site, use of or inability to use the Site or Services; (2) any errors, mistakes or inaccuracies of content; (3) any content or conduct by Users or other third parties; or (4) unauthorised access, use or alteration of your content or transmissions. Advanced Distribution Limited’s aggregate liability shall in no event exceed NZD$50.
15. Governing Law
These Terms shall be governed and construed in accordance with New Zealand Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.