Terms & Conditions

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

Personal details will not be shared.

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.

The Fluidity Project is operated by the Blue Mountains Creative Arts Network (BMCAN) – an Australian Not for Profit company. ABN 72 120 813 112