EXPRESSION OF INTEREST
Expression of Interest Agreement
As at 30 June 2015
Belinda Mason Photography Pty Ltd (“BMP”) has established the website page “Expression of Interest” (“EOI”) to receive a digital copy of artwork (“Artwork”) from women with a disability from anywhere in the world (“Artist”, “you” or “your”) and (potentially) to display these on the “Silent Tears” website (“ST”) and to use these in exhibitions, books and exhibition catalogues around the theme of “silent tears”.
This Agreement (“Agreement”) confirms the terms and conditions upon which an Artist may submit Artwork to BMP.
Before submitting any image, please carefully read the terms and conditions of this Agreement. You must press the “I accept” button before submitting any Artwork to BMP.
All digital files of Artworks submitted to BMP must have been created by you and with the permission of any person identifiable within the Artwork. BMP has complete discretion whether an Artwork is displayed on ST or otherwise used in connection with the theme of “silent tears” and, if displayed, how it is displayed and for how long (including whether BMP will crop the Artwork).
Ownership/Use Rights: Artists Retain Copyright
By submitting an EOI, Artist agrees to have her artwork displayed on the ST without any fee or other form of compensation, and she agrees that BMP may also display her Artworks on social media to promote ST and the Artist and reproduce the Artwork for the purposes of exhibitions, books and exhibition catalogues around the theme of “silent tears”. Artworks will be credited to the Artist named in the EOI form. Artwork submitted to ST will not be sold by BMP or licensed other than stated in these terms and conditions. BMP will never claim to own the Artwork or the copyright in the Artwork, and BMP will contact an Artist if it wants to use an Artwork other than as set out in this Agreement.
If ownership of any Artwork submitted is contested, BMP retains the discretion to disqualify that Artwork and to stop using it.
Agreements of Artists, Granting of Rights and Acknowledgment of Right to Submit
Artists may submit as many Artworks as they wish.
By submitting an Artwork as part of the EOI, you grant BMP a perpetual non-exclusive, royalty-free and irrevocable right to upload that artwork for display on ST, to reproduce the Artwork for the purposes of exhibitions, books and exhibition catalogues on the theme of “silent tears”. Submission of an Artwork by means of this EOI is not, however, an automatic acceptance that the Artwork will be included in any official exhibition, book or exhibition catalogue.
Confirmation of Agreement
By submitting an Artwork as part of the EOI, your warrant that: you have read and are bound by the terms of this Agreement; you are at least 18 years old; you created the Artwork; you own copyright in the Artwork or otherwise have the legal right to submit the artwork to ST and to grant BMP the rights described in this Agreement; you have obtained all required releases from anyone who is recognizable in the Artwork and from anyone who has provided any materials appearing in the Artwork (such as third-party copyright material); and that BMP’s copying, publishing, displaying, or otherwise utilizing the Artwork under this or any other agreement you enter into with BMP will not infringe the rights of any other party. You also agree that BMP may use your name in publicising the Artwork and ST and exhibitions, books and exhibition catalogues related to the theme of “silent tears” without any payment or other compensation and that BMP cannot be liable for any unauthorized use of the Artwork by third parties.
You agree to indemnify and hold BMP harmless from any loss, liability, damage or expense (including attorney fees) suffered or incurred by BMP as a result of any breach of your warranties or commitments under this Agreement.
Discontinuance or Change of ST
BMP reserves the right, in its discretion, to modify or discontinue the ST at any time for any reason.
Modification of Terms and Conditions.
BMP reserves the right, in its discretion, to modify the terms and conditions of this Agreement at any time by posting such modifications on ST. Any Artist who submits an Artwork following such changes will be bound by such posted modifications in relation to Artworks submitted after those changes.
Applicable Law and Jurisdiction
This Agreement is subject to the law of the State of New South Wales, Australia. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement will be a State or Federal Court in NSW, Australia and you expressly consent to that exclusive jurisdiction and venue.
ST recognises the importance of your privacy, and that you have a right to control how your personal information is collected and used. We know that providing personal information is an act of trust and we take that trust seriously. All personal information about you will only be collected, processed and used in accordance with applicable laws. Unless you directly give us consent to do otherwise, we will only collect and use your personal information as set out below.
Collection of personal information from you
We collect personal information from participants in the project Silent Tears including: your contact details (such as email address, name, address and phone number); date of birth; place of residence; and details about your contribution as a participant to ST.
In particular, ST may collect personal information:
- when you contact us with queries or issues;
- when you participate in our promotions or social media (including when you register for and/or submit an entry into promotions held as part of the ST project)
- when you attend or book places at events;
- when you fill in questionnaires, surveys or contact forms;
- when you submit information through our website, such as when you submit an “expression of interest” as an artists and/or participant in ST;
- when you register for subscriptions to ST mail-outs (including via email), newsletters, updates, news or other related information/publications;
- when you purchase products (such as catalogues, books or other items) from us (whether online or offline);
- when you become a sponsor;
- when you register your details with ST;
- when you use our Website (in which case our system may automatically collect information relating to your visit to our Website, such as your IP address).
If you do not provide ST with all requested personal information, we may be unable to assist you or provide you with our products and/or services, facilitate a booking at a ST related event, allow you to join the ST mailing list, register you on our Website, or provide you with a password or with access to our Website (or certain sections of our Website), or you may not be able to participate in our promotions or social media (including exhibitions held as part of the ST project).
Using your personal information
Our main purposes in collecting information about you are to:
- provide you with our products and/or services;
- respond to your queries;
- conduct promotions and expressions on interest;
- manage ST related events, subscriptions, memberships and sponsorships;
- facilitate access to and manage our Website;
- keep you informed about our activities, products and services;
- operate our business efficiently; and
- improve our products and services.
Using your personal information on the website and marketing materials
We may use personal information you have provided to us to support and acknowledge your contribution to ST.
Receiving information from ST
If at any time you do not wish to receive such information from us, you may ask us to remove your name from our list by emailing us firstname.lastname@example.org Alternatively, if we send you such information by email, you can use the unsubscribe function in the email to inform us that you do not wish to receive such information from us by email. In either case, please allow 5 business days for your request to be processed.
Disclosing your personal information
To run our business efficiently, improve and provide our products and services to you, respond to your queries and/or send you information about future products, services and/or activities that you may be interested in, your personal information may be disclosed (but only to the extent reasonably necessary) if:
- an artwork created by you becomes a part of an ST exhibition of original or online artworks ST;
- the use or disclosure is required or permitted by law;
- we believe it is necessary to provide you with products or services which you have requested;
- we believe it is necessary to protect the rights, property or personal safety of another person; or
- the assets and operations of ST’s business are transferred to a third party.
Access and accuracy
Upon request, we will provide you with access to personal information that se hold about you, except in the limited circumstances in which it is permitted for us to withhold this information. To request access to your personal information, please email us at email@example.com.
If at any time you wish to change personal information that is inaccurate or out of date, please contact us by emailing us at the email address set out above and we will amend our records.
If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal, auditing or internal risk reasons.
Storage and security of your personal information
ST will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by ST.
Please note also that ST may use overseas facilities to process or back up its information. As a result, we may transfer your personal information to our overseas facilities for storage. However, this does not change any of our commitments to safeguard your privacy.
Unfortunately, no data transmission over the internet can be absolutely guaranteed to be secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us through our Website and you use our Website at your own risk.
Links to other websites
ST provides access to third party websites through our Website. ST usually has limited or no control over these websites and we are not responsible for:
- the conduct of the organisation accessed via a link on our Website; and
- to the extent that we do not have control over the content of those websites accessed via a link on our Website, the content on those websites.
What to do if you have a problem or question