Copyright ©2019 Peter Scriven. All rights reserved.
The site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of Peter Scriven (the artist). For further information, see the terms and conditions of use of the site.
Trishul Creative and other related marks or logos used on this site are trademarks or service marks of the artist.
You may not use the names, trademarks, service marks, logos or design trademarks without the prior written authorisation of the artist.
In addition, you may not use our trademarks, logos, or service marks:
- In, as, or as part of, your own trademarks or those of any third parties;
- To identify products or services that are not those of the artist
- In a manner likely to cause confusion or
- In a manner that implies inaccurately that the artist sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
Please use the appropriate notice for each trademark of the artist. If you are uncertain which notice to use, please contact us at firstname.lastname@example.org
The attribution should identify each mark used and attribute it to the artist by name.
Terms and condition of use
License to use the site
The artist grants you a non-exclusive, non-transferable, limited right to access, use and display the site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.
Changes to terms and conditions
The artist reserves the right, at our sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Ownership / restrictions
The artist owns, controls, licenses or has the right to use and provide the site and all material on the site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the ‘content’). The site is protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws. The artist is the owner of the copyright in the entire site. The artist owns a copyright by the selection, coordination, arrangement and enhancement of the site. You agree to abide by any and all copyright notices, information or restrictions displayed on the site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the site or any portion thereof for any public or commercial use without the express written permission of the artist. You may download one (1) copy of content from the site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of the artist and our affiliates or the copyright holder identified in the individual content’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any such downloaded content. In the event of any permitted copying, redistribution or publication of material from the site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of the artist and its affiliates and content owners by viewing the copyright and trademark notices posted on the site.
Changes to site or content
The artist shall have the right for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the site, including but not limited to content, features, or hours of availability. We may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability.
Monitoring, editing and disclosure of user material
You agree that the artist has the right, but not the obligation, to monitor all material on the site at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that we may establish from time to time. Notwithstanding this right of the artist, we do not and cannot review all materials posted to the site by users, and the artist is not responsible for any such materials posted by users. We reserve the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in our sole discretion, such materials are objectionable or in violation of these terms and conditions of use.
You shall indemnify, defend and hold harmless the artist and our agents or employees, content providers, affiliates, licensors and licensees (collectively, the ‘indemnified parties’) from and against any and all losses, damages, liabilities and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable lawyers’ fees) incurred by the indemnified parties in connection with any claim arising out of, based upon or resulting from your use of the site. The artist reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the artist.
Disclaimer of warranties and damages; limitation of liability
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an “as is” “as available” basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Neither the artist nor our content providers warrant that the functions, features or content contained in the site will be uninterrupted or error-free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the site, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. The artist and our affiliates make no warranties and shall not be liable for the use of the site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to our negligence. If you are dissatisfied with the site or any materials on the site, your sole remedy is to discontinue using the site.
Individual users may consider certain content objectionable and users must exercise their discretion in using and allowing minors or others to use the site.
Under no circumstances shall the artist, our affiliates or content providers be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site, including without limitation loss of revenue or anticipated profits or lost business, even if such entities or an authorised representative thereof have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the artist, our affiliates to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions of use or your use of the site exceed, in the aggregate, $100.
Our rights to materials provided by users
We welcome your comments regarding our merchandise and services, including the site. However, any or all material and information provided by you to the site may be included in a database owned by the artist in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “communications”) to or within the site, you grant to the artist a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by the artist of any material or idea submitted by you in any communications or receive any compensation for such use. You waive all rights to any claim against the artist for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that the artist is under no obligations to use any material or ideas submitted by you in any communications in any way whatsoever.
No responsibility for transmitted material
You acknowledge that transmissions to and from this site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the artist or the site, no confidential, fiduciary, contractually implied or other relationship is created between you and the artist or any the affiliate other than pursuant to these terms and conditions of use. The artist shall not be responsible for the payment of any monies to any party in connection with our use of communications submitted by you to the site.
The artist makes no representation that materials on the site, including merchandise offered for sale on the site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than in Australia. Those who choose to access this site from other locations outside of Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier
These terms and conditions of use shall be governed by and construed in accordance with the laws of Australia, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate state or federal court located in Australia and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and the artist with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or the artist of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
This statement sets out the policy of the artist for the collection, storage, maintenance, access and use of personal information, as contemplated in the Federal Privacy Act 1988.
General information about privacy and the operation of the Privacy Act 1988 can be found at the Australian Federal Privacy Commissioner’s website at www.privacy.org.au.
Compliance with the Privacy Act
The artist is committed to complying with the Privacy Act 1988 and the National Privacy Principles introduced on 21 December 2001 by the Privacy Amendment (Private Sector) Act 2000. The National Privacy Principles are a regulative guide on the management of personal information in the private sector. The Principles have been formulated to protect information confidentiality and the privacy of individuals.
To enable us to deliver the best possible service to our clients and customers “customers”, it is necessary for us to collect personal information (i.e. information or an opinion that can identify a person) about existing and potential customers. The type of personal information that is collected will be determined by the nature of the relationship between the artist and our potential or actual customers.
Collection of Personal Information
At the time personal information is collected, the artist will take reasonable steps to inform its customers about the purpose for which the information is collected, customer rights to access the information and other matters contemplated in the National Privacy Principles.
Should the artist seek to disclose information to another organisation, reasonable steps will be taken to ensure the customer is aware of the organisation or the type of organisation to receive the information.
Generally, the artist will only collect personal information from his customers unless it is not reasonable or practical or the customer consents to the information being collected from a third party.
The artist will not actively seek to collect sensitive information. If we do need to seek sensitive information, it will do in accordance with the National Privacy Principles.
What type of personal information does the artist collect?
Generally, the artist will collect the following information:
- Individual and Company data including, entity name, contact numbers, postal and email addresses
- In relation to financial purchases bank account and credit card details
- Information in relation to other people who come into contact with the artist.
This is not an exhaustive list as we may be required to collect further information in fulfillment of our service to customers.
We may collect personal information by way of electronic and hard copy enquiry forms and questionnaires, exhibition attendance, inbound and outbound telemarketing campaigns.
Use and disclosure of personal Information
We are committed not to use or disclose personal information that it has collected, other than in the manner contemplated within the National Privacy Principles. In particular, the artist’s policy is not to use or disclose personal information other than for the purpose for which it was collected or any reasonable secondary purpose. It is the artist’s policy to obtain our customers’ consent before we use information for a purpose or in a manner different to the purpose for which it was originally collected.
Depending on the circumstances, the artist may be under a legal obligation to disclose personal information to third parties, such as a law enforcement agency. We will endeavour to disclose this information in accordance with the National Privacy Principles.
Our marketing activities
It is important for the artist to maintain contact with our customers and potential customers. That contact may involve the sending of advertising material through the post or by email to existing and potential customers. In these circumstances, it is our policy to comply with the stated purpose for which personal information was collected. The artist’s existing and potential customers will always have the opportunity to decline to receive further marketing material. If we receive such a request we will update our records appropriately, within a reasonable time.
Distribution of information
Organisations or individuals other than the artist are required to respect customers’ rights to privacy and also to use the information in accordance with our purposes and directions.
It is our policy not to sell personal information about existing or potential customers to any organisation.
Security of personal information
The artist will take reasonable steps to protect personal information that we collect from misuse, loss, unauthorised access, modification or disclosure. The artist’s employees are required to maintain the confidentiality of any personal information collected.
We will take reasonable steps to destroy or permanently re-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.
Access to and changing personal information
We will, if requested to do so, give existing and potential customers copies of the personal information that we hold about them. Before such information is released, we will require reasonable proof of identity from the enquiring person. Any requests for copies of personal information should be directed to the artist.
If access to information is to be denied (eg if required by law), The artist will do so in accordance with the National Privacy Principles and also provide reasons for the denial.
If any existing or potential customer wishes to update or correct personal information held by The artist about them we will do so on receipt of a written request. This is in keeping with our policy to maintain accurate records.
The artist’s website
When this website is visited, the website may send “cookies” to the visitors’ computer. Cookies are used in transactions over the Internet for various reasons including the maintenance of security. Cookies can also be used to monitor the areas of a website that are visited. Visitors to our website who do not wish to receive cookies should select the appropriate settings in their web browser.
What are your rights?
Wherever it is lawful and practicable, customers have the option of not disclosing personal information, which may be requested or identifying themselves when entering transactions with the artist. However, without that information, we may not be able to fulfill customer requests or provide an appropriate level of service.
Customers also have the right to obtain a copy of any personal information held by us. There are exceptions to this right in prescribed circumstances.
Customers are encouraged to contact us should any concerns in relation to their privacy arise. If we do not resolve a complaint to their satisfaction, customers also have the right to contact the Office of the Federal Privacy Commissioner:
GPO BOX 5218, Sydney NSW 2001
Privacy Hotline: 1300 363 992