Terms and Conditions for the use of the OESS (Open Exhibition Submission and Selection) system and The OLIST
Please note: These Terms & Conditions are for the use of our OESS system or The OLIST. Artists or users entering an Open Call or Open Exhibition, will also need to agree to the Terms & Conditions of the exhibitors.
(1) Introduction
These terms and conditions govern your use of our online service known as The OLIST and Open Exhibition Submission System (OESS) also referred to as 'the system' in these T&C's as provided by Interactive Technology Limited; by using, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the system.
(2) Intellectual Property
We own all the intellectual property rights relating to the site, including the code, designs, text, database, graphics and layouts, and you agree not to use or copy any part thereof without our express permission. All individual call postings, messages, text, files, images, photos, video, sounds, or other materials ("content") uploaded by users of the site, retain the original copyrights said "content" creators have. The Company makes no claim on "content" and cannot use said "content" for any manner without express consent of the Client or Artist User .
(3) Licence to use
You may view, download for caching purposes only, and print pages from the system for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website or (including republication on another website);
- sell, rent or sub-license material from the system;
- show any material from the system in public (unless granted otherwise);
- reproduce, duplicate, copy or otherwise exploit material on the system or for a commercial purpose;
- edit or otherwise modify any material on the system unless using the given tools;
- redistribute material from this website or the system except for content specifically and expressly made available for redistribution (such as our newsletter).
(4) Acceptable use
You must not use the system any way that causes, or may cause, damage to the system or impairment of the availability or accessibility of the system; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use The OESS or OLIST to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the OESS or OLIST without our express written consent.
You must not use the OESS or OLIST to transmit or send unsolicited commercial communications.
You must not use the OESS or OLIST for any purposes related to marketing without our express written consent.
You must not submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
You must not create a false or misleading OESS account or User profile with inaccurate or untrue information.
The OLIST and OESS is primarily designed to support and manage calls for Open Exhibitions which are held in physical galleries or exhibition spaces. We may decide not to support 'Online Only Calls' unless the organisation has a history of successful gallery based Open Calls managed by the OESS.
Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
(5) Restricted access
Access to certain areas of the OESS or OLIST is restricted.
We reserve the right to restrict access to other areas of the system, or indeed our whole website, at our discretion. If we provide you with a username and password to enable you to access any areas of the OESS or OLIST or other content or services, you must ensure that that username and password is kept confidential.
We may disable your username and password in our sole discretion without notice or explanation.
(6) User generated content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the OESS or OLIST, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the system that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the OESS or OLIST, or stored on our servers, or hosted or published upon the system.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the OESS or OLIST.
(7) Payments made using the OESS
Where payments are made using the OESS and its Payment Gateway partner Stripe, these will be deemed as non-refundable unless otherwise stated in the exhibitions specific terms and agreements. In which case all requests for refunds should be made to the exhibitions organisers.
(8) Limited warranties
Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the system remains available or that the material on the system is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of the system (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(9) Limitations of liability
Nothing in these terms and conditions (or elsewhere on the system) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of the OESS or OLIST or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
- to the extent that the system and the information and services on the system are provided free-of-charge, we will not be liable for any loss or damage of any nature;
- we will not be liable for any consequential, indirect or special loss or damage;
- we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
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we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control
(10) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(11) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the system, prohibiting you from accessing the system, blocking computers using your IP address from accessing the system, contacting your internet service provider to request that they block your access to the system and/or bringing court proceedings against you.
(12) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the OESS or OLIST from the date of the publication of the revised terms and conditions on the system.
Please check this page regularly to ensure you are familiar with the current version.
(13) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
(14) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(15) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(16) Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of the OESS or OLIST, and supersede all previous agreements in respect of your use of the system.
(17) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(18) Our details
Interactive Technology
Registered in England and Wales no. 8307813.
Interactive Technology Limited.
For all communications our office address is:
Interactive Technology Limited,
11 Achmore,
Isle of Lewis,
HS2 9DU.
For general OESS enquiries please contact Vandy: vandy@oess.uk
For artist entry support please contact Lori: lori@oess.uk
These Term & Conditions are courtesy of Employment Law Contracts and Website Law
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