Terms and Conditions & Privacy Policy

FLUIDITY PARTICIPATION AGREEMENT

These terms and conditions apply to all persons who participate in the ‘Fluidity’ project.

‘Participation’ includes submission of images, sound, video and written comment on the BMCAN forum or elsewhere. By accessing or using any part of the Project you are acknowledging that you have read and understood these terms, and that you agree to be bound by them. If you are an individual who is entering into these Terms on behalf of any entity, you warrant that you have the power to bind that entity, and agree on that entity’s behalf to be bound by these Terms.

User Conduct

All users agree to behave in a respectful manner at all times.

Any user deemed to be violating this condition will be removed and banned. It is the sole right of the administrators of the project to determine whether a user is behaving in a respectful manner.

Submitted Content

The participant is responsible to ensure that all uploaded content is legal and inoffensive. Material that should not be submitted under any circumstances includes;

any image that violates or infringes upon the rights of any third party, including any copyright, trademark, privacy, publicity, or other personal or proprietary rights, that breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, hateful, abusive or otherwise unlawful material.
any offensive material, including anything depicting pornography, extreme violence, profanity or other graphic content. There is no age limit for viewers of the website and all images must be suitable to be viewed by children
the use of any image or concept which is protected by cultural traditions
the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
Under no circumstances are the administrators of the Fluidity Project liable in any way for any breaches of law or convention occasioned by the content and any loss or damage of any kind incurred as a result of the posting of content or the use of any content remains the sole responsibility of the person who has posted the content.

Eligibility

Participation in Fluidity is open to artists living in the Blue Mountains and Lithgow Local Government Areas. Fluidity contributors must be 18 years of age or over.

Registration

All participants must register their basic personal details when joining.

Listing Conditions

By submitting artwork to Fluidity you agree to the terms and conditions stated in this document.

Artwork is not listed for sale

Fluidity admins will forward any sales enquiries to the artist/s directly.

Use of artwork contributions

Artwork contributed to Fluidity website or Facebook page may be reproduced electronically and physical copies displayed by the organisers. For example, a book, performance or exhibition.

Fees

It’s free, baby!

The project is initiated by BMCAN. Participants are encouraged to support BMCAN by becoming members. However, this is not mandatory.

Privacy

See our Privacy Policy below.

Intellectual Property and Copyright

All work is submitted under the conditions of ‘Share Alike’ which is administered under international Copyright law by Creative Commons Australia https://creativecommons.org.au/learn/licences/

The principal of ‘Share Alike’ is that participants are free to share and adapt content;

Share — copy and redistribute the material in any medium or format
Adapt — remix, transform, and build upon the material
Attribute – the originating artist/author must be acknowledged when sharing collaborative works

For further explanation refer to online Agreement published by Creative Commons at https://creativecommons.org/licenses/by-sa/2.5/au/

Right to monitor and edit Content

BMCAN has the sole discretion to delete any content.

Limitation of Liability

To the extent permissible at law, the administrators of the Fluidity Project make no representations or warranties of any kind whatsoever concerning the services provided or the content included on this website and legal responsibility for postings remains with the person who uploaded the posting.

The Share Alike Creative Commons contract used for Fluidity projects is governed by the laws of New South Wales.

PRIVACY POLICY

Blue Mountains Artists Company trading as Blue Mountains Creative Arts Network (BMCAN) and Fluidity Org Au (Fluidity) are committed to protecting your privacy when you interact with us. This policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. This policy applies only to BMCAN and Fluidity and not to any other company or organisation including those who have a business relationship with us or our web or social media content or services.

We have adopted the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Privacy Act). These govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.oiac.gov.au

WHAT IS PERSONAL INFORMATION?

Personal Information is information about you or your opinions that might identify you as an individual. Examples of your Personal Information that we might collect would include: name, address, email address, phone numbers.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We collect your Personal Information for the primary purpose of providing our services to you and for to assist us to customise your experience with Fluidity. We may also use your Personal Information for secondary purposes closely related to the primary purpose in circumstances where you would reasonably expect such use or disclosure

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

SENSITIVE INFORMATION

Sensitive information includes any information or opinions about such things as an individual’s racial or ethnic origin, political opinions and religious or philosophical beliefs and membership in any professional body of organisation. In the event that, during the course of any interaction with Fluidity sensitive information is disclosed, it will only be used by us for the primary purpose for which it was obtained or for a secondary purpose directly related to the primary purpose or otherwise with your consent.

THIRD PARTIES

We will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Fluidity is an online project and as a result some of your personal information will be available online when you interact in the course of the project. You must use your own discretion and exercise caution when providing your personal information online and neither BMCAN or Fluidity has the capacity to protect Personal Information that you choose to display publicly and has no responsibility for how that information may be used.
Third party services which have links to our content or services will govern the use of any Personal Information that you submit to them. Personal Information may also be collected by cookies when you visit their sites. We do not accept any responsibility or liability for the privacy practices of such third-party services.
Your Personal Information will only be disclosed to Third Parties where

you have consented to its use or disclosure
in any circumstances that may be required by any law.
If applicable, to provide the product or service you wish to use
For statistical and research purposes relating to the performance, quality and improvement of Fluidity

SECURITY OF YOUR PERSONAL INFORMATION

Your Personal Information will be stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. When your Personal Information is no longer needed for the purpose for which it was obtained, or where you request in writing that we do so, we will take reasonable steps to destroy or permanently remove your Personal Information from our records.

UPDATING YOUR PERSONAL INFORMATION

We will take all reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. In the event that your personal information changes, it is your responsibility to advise us as soon as practicable so we can update our records and ensure we can continue to provide our services to you.

HOW AND WHY DO WE COLLECT PERSONAL INFORMATION

We collect your Personal Information for our database where you have provided it to us, for instance if you become a member or if you contact us to make comments, complaints or to ask us questions or subscribe to an email list. We may also at time to time collect Personal Information because we would like to improve our services, for instance through the collection and analysis of statistical and research data.

OUR UNDERTAKINGS TO YOU

In all of our interactions with you, Fluidity will be transparent about how and why we collect and use your Personal Information.
You may access the Personal Information we hold about you and to update and/or correct it. If you wish to access your information you will need to contact us in writing and provide suitable personal identification.
You may unsubscribe from any contact/mailing/marketing lists at any time by advising us in writing.
We will not or disclose your Personal Information other than as set out above. Individual.
Under no circumstances will BMCAN or Fluidity sell or receive payment for licensing or disclosing your personal information.

POLICY REVIEW

This policy may be amended from time to time and will be available on our website

FEEDBACK

We welcome feedback, questions and any complaints that you may have about privacy issues. You can contact us about any issues on the email address below:

bmfluidity@gmail.com