Terms of Use

Welcome to the Design & Art Australia Online website (the “Site”). The Site is operated and presented to users by the Design & Art Australia Online. These Terms of Use apply to all users of the Site, including users who are not Registered Users. 

Please read the Terms of Use carefully before using the Site. 

Children under the age of 13 must have a parent or guardian register for them in order to register on the Site. 

If you are a parent or guardian and you provide your consent to your child’s registration on the Site, you agree to be bound by these Terms of Use in respect of your child’s use of the Site.

1. Definitions

In these Terms of Use:

  • “Content” means, text and images uploaded by users. Images imported from partner sites operate under the partner sites licence terms.
  • DAAO Site” means the Design & Art Australia Online Site having the URL www.daao.org.au.
  • “End Users” means Registered Users who have been granted a sub licence by Design & Art Australia Online to use User-Created Content. 

  • “Intellectual Property” includes, without limitation, present and future:

    • copyright including future copyright and so called neighbouring rights;

    • design applications and registered or unregistered design rights;

    • trade secrets, know-how and confidential information;

    • trade mark applications and registered or unregistered trade marks;

    • rights in relation to circuit layouts, semi-conductor chips and integrated circuits;

    • patents; and all other intangible property rights and all statutory and common-law rights and remedies in relation thereto.

  • “Registered User” means a person who has registered to use the Site.

  • “Site Content” means Design & Art Australia Online Material, User Comments and Tags and User-Created Content.

  • “Terms of Use” means these terms of use, together with the Design & Art Australia Online Privacy notice and any additional terms, conditions, notices and disclaimers displayed on the Design & Art Australia Online Site.

  • “Upload Form” means the form on the Design & Art Australia Online site that enables Users to upload Content to the Site.

  • “Us”, “we” or “our” means Design & Art Australia Online and/or its related bodies corporate.

  • “User Comments and Tags” means Content as described in Clause 7.

  • “User-Created Content” means Content that is licensed to Design & Art Australia Online in accordance with Clause 5.

2. Access

By accessing or using the site you signify your agreement to: 

(1) these Terms of Use;
(2) Design & Art Australia Online’s Privacy notice found here and
(3) other rules and requirements specified in this Site. You also agree that, in your use of the Site you will comply with all applicable local, national, and international laws and regulations. If you do not agree to these Terms of Use, you may not use the Site.

3. Registration

In order to contribute to the Site, including uploading Content to the Site, you must complete the appropriate registration form and accept the end user license agreement. You may not use another person’s registration without permission. When registering, you must provide accurate and complete information.

You are solely responsible for the activity that occurs on your registration, and you must keep your password secure. You must notify Design & Art Australia Online immediately of any breach of security or unauthorized use of your registration.

4. Variations to This Site

Design & Art Australia Online may change information on and access to this Site, without notice. Design & Art Australia Online may, in its sole discretion, change these Terms of Use, Privacy notice and policies at any time. Not less than 7 days notice of such changes will be publicised at here. If you do not agree to such changes you should give notice of your cancellation of your registration within the 7 day period. Use of the Site after the changes become effective will be taken as acceptance of the changes.

5. Uploading of User-Created Content

If you wish to submit your Content to this Site you must:

a) Complete the appropriate registration form and End User License Agreement;

b) The Content is not defamatory, obscene, abusive, invasive of another persons privacy or illegal.

c) The Content is not advertising material and does not endorse any commercial goods or services or solicit custom for any business enterprise, and is not being licenced for any commercial purpose.

d) You shall be solely responsible for your own Content and the consequences of posting or publishing it.

6. User Comments and Tags

Design & Art Australian Online allows Registered Users on this Site to post comments and attach Tags (“User Comments and Tags”). The opinions expressed in the User Comments and Tags are not necessarily those of Design & Art Australian Online. Design & Art Australian Online is not responsible for, and cannot warrant the accuracy of, any information contained in any User Comments and Tags.
6.1 Moderation of Uploaded Content and User Comments and Tags by Design & Art Australian Online
Design & Art Australian Online reserves the right to assess the quality of and to moderate, and at its sole discretion, to accept, modify or reject Content or User Comments and Tags at any time and on any basis, including on the following grounds;.
a) defamatory or otherwise unlawful, or violating any laws regarding harassment, discrimination, racial vilification, privacy or contempt;

b) abusive, offensive or obscene;

c) deliberate provocation of other Site Users;

d) compromising your privacy, the privacy of other Users or of Design & Art Australian Online staff, or containing inappropriate personal information;
e) an infringement of intellectual property rights or copyright.

f) intentionally false or misleading;

g) seeking to endorse or promote commercial products, services or activities; or
h) a posting made on behalf of a User whose registration has been terminated or suspended. This may lead to you also having your registration terminated.

There may be some delay in posting your User-Created Content while it is assessed and moderated and Design & Art Australian Online reserves the right not to post it at all.

7. Access and Use of Content

7.1 When you access site text based content (the Licensed Content) you accept a limited non-exclusive licence to:

a) download, remix, alter and re-use the Licenced Content in your own work for educational and other non-commercial purposes;

b) share the Licenced Content by copying, distributing and communicating it to others;

7.2 Images are licenced by the Licensor on separate terms with the relative interoperating partner.
7.3 When you site content from Design & Art Australian Online you must comply with attribution obligations. You are not entitled to use any site content for any commercial purposes.
7.4 Design & Art Australian Online may immediately terminate with notice the licence granted to you at any time without giving any reason for doing so.

7.5 The Licensor indemnifies You against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which you pay, suffer, incur, or are liable for arising out of a breach of this clause.
7.6 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content on the Site.

7.7 User Comments and Tags are made available to you for your information and personal use. User Comments and Tags may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Design & Art Australian Online Site or otherwise as prohibited under this Agreement.

8. No Warranty

There will be times when the Design & Art Australian Online site is unavailable due to maintenance, emergency repairs, failure of telecommunications links and other events beyond our control, therefore we cannot guarantee that you will have uninterrupted access to the Design & Art Australian Online site or the site content.

9. Regarding Performance of Services

Design & Art Australian Online’s liability for any loss or damage, arising directly or indirectly, in any way in connection with the site content or these Terms of Use (whether under contract, law of tort, including negligence) statute, in equity or otherwise, is limited to supplying the site content again.

10. Links To and From This Site

10.1 This Site includes links to other websites, including those operated by other Government bodies, non-Government organisations and individuals.
10.2 Each linked website has its own terms and conditions of use, and you must ensure that you comply with them.

10.3 Design & Art Australian Online has no control over those websites, and therefore each link to another website is provided by Design & Art Australian Online for assistance only. In providing those links, Design & Art Australian Online does not endorse or make any representation or warranty regarding the products, services or information available via any linked website, or in respect of the owner or operator of that website.

10.4 Design & Art Australian Online is not responsible for any loss or damage arising from your use of or access to any linked website.

11. Account Termination Policy

Design & Art Australian Online will terminate a User’s registration if Design & Art Australian Online, in its absolute discretion, determines that the User has contravened these Terms of Use or any licence entered into by that User in respect of Site Content.

12. Applicable law

These Terms of Use shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Terms of Use.

13. Privacy

The Design & Art Australian Online Privacy Policy is found here, which are incorporated into these Terms of Use.

14. Use of Design & Art Australian Online branding

You are not entitled to copy, modify, distribute or use any of Design & Art Australian Online’s trademarks, logos or branding without our prior permission.