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Terms

The use of the services available on this website (the "Service") is governed by these terms and conditions. Please read these terms and conditions carefully before registering for or using the Service. By registering you agree to the terms and conditions set out below.

1. General information

For your convenience we have listed below some general information about ourselves:

  • Primary Artist Name: Mic Black
  • Trading Company: AJ & MT Black
  • Email: info@pixelmosaic.com.au
  • ABN: 14 641 383 559

2. Formation of contract

Set out below is a summary of the steps which you must follow in order to conclude a legally binding contract with us:

(1) Browse our information

This and associated websites and apps contain information about the Service which you will need to know before you register. The information about the Service on our website constitutes an "invitation to treat" and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that under no circumstances will we be contractually bound to supply you with the Service on the basis of any incorrect information, even if that information is repeated in your registration.

(2) Read our Terms and Conditions and Privacy Policy

It is your responsibility to read the legal terms on our website carefully and to raise any problems with us before you register. This includes these Terms and Conditions and our Privacy Policy. You will be asked to confirm that you agree to our Terms and Conditions before you register. Pixel Mosaic will not be held responsible for information being made public as per the privacy policy as part of the content submission.

(3) Submit your registration

If you wish to proceed with your registration you should click the "Register" or similar button. Input errors can be corrected at any time up to the point at which you submit your registration.

(4) Wait for verification

On receipt of your registration we will send you an email verification message confirming your details to the service to which you have registered. You may not assume we have accepted your registration until we send you verification by email. If and when you receive verification will we have a binding contract between us, and be declared a Participant unless arrangements are made in writing to the contrary by the us. We will be entitled to refuse to accept your registration if at our sole discretion we consider it necessary.

(5) Our Contract

The contract between us will consist of (1) these Terms and Conditions, (2) your registration and (3) our verification (“Contract”). Our Privacy Policy, Disclaimer and any additional legal terms or notices appearing on the Service or our website will also form part of the Contract between us. We will not file the concluded Contract between us online and you should therefore print out and retain copies of each element of the Contract. We can only conclude the Contract with you and provide the Service to you in English and not in any other language.

3. General terms

(1) Limited rights to use content

All materials displayed on the Service (“Content”) belong to us or our licensors. Participants are permitted to:

  • Retrieve and display the Content on a computer screen in order to use the Service for their own personal use
  • Print individual pages on paper and store individual pages in electronic form on disk and on their computer

Unless you have our prior written permission you (or any Participant) are not permitted to: Redistribute any of the Content (including by using it as part of any library, archive or similar service); Retrieve and display or print the Content for anyone other than another Participant; Remove copyright or trade mark notices from any copies of the Content made under this Agreement; Create a database in electronic or structured manual form by downloading and storing all or any of the Content; or Except as expressly permitted above modify, reproduce, publish or in any way commercially exploit any of the Content. Nor may you permit or enable a third party to do any of these acts on your behalf.

(2) Warranties

We warrant that:

  • we have the right to permit you to use the Content in accordance with these terms and conditions.

    Because of the nature of the Content, the sources from which it is obtained, errors and omissions may occur and we do not give any other warranties in relation to the Service. In particular, (but without limitation):
  • we do not warrant the accuracy and completeness of the Content
  • we do not warrant that the Service will be free from infection by viruses or anything else with contaminating or destructive properties or that the Service will be free from attack.

Accordingly, to the fullest extent permitted by law, we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to the Service.

(3) Limitation of Liability

If you notify us of a fault in relation to the Service, we will, at our option, use reasonable endeavours to remedy the fault.

Except as set out above, we shall have no liability to you, to any Participant or any other person for any direct or indirect loss, damage or expense (including without limitation loss of opportunity, loss of profits or anticipated revenue or earnings, loss of data, business or goodwill) howsoever arising out of any fault or problem relating to the Content or the Service.

Nothing in this paragraph of these Terms and Conditions (or in any other paragraph) is intended to limit any rights you (or any Participant) might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability for any death or personal injury resulting from our negligence or for fraudulent misrepresentation.

(4) Privacy Policy

Any information you provide about yourself to us will be used by us in accordance with our Privacy Policy. Please read our Privacy Policy carefully.

(5) Notices

All notices shall be given to us via email at the address given in Part 1 above during the registration process.

Notices shall be deemed received when an email is received.

(6) Tile and Story Submission

In submitting an entry (“Tile”) with accompanying explanation (“Story”), you agree to the following: Your personal information as per the Privacy Policy can be displayed alongside your Tile Once a Tile has been submitted, it is final. No modifications or retractions can be made, and we do not allow for a change of mind. You agree not to use foul, illicit, illegal or offensive material or language when submitting your Tile and Story That each entry is unique to the student, and that you are not submitting duplicate content or a bogus entry. Pixel Mosaic accepts no responsibility or liability for content submitted by users.

(7) General

We may transfer and/or assign our rights and/or obligations under this Contract. This will not affect your rights under this contract. You (or any Participant) may not transfer any of your rights or obligations under this Contract without our prior written consent.

If you breach this contract and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this Contract.

This Contract (as defined in Part 2 paragraph (5)), represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing. In the event of a conflict between these Terms and Conditions and our terms of use, Privacy Policy or any other legal terms or notices appearing on the service or our website these terms and conditions shall prevail.

We shall have no liability to you for any failure to deliver the Service to you or for any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of this Contract is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of this Contract will not be affected.

This contract shall be governed by and construed in all respects in accordance with Australian law and you agree to submit to the non-exclusive jurisdiction of the Australian Courts.

Copyright © Mic Black in accordance with Pixel Mosaic 2015

Except as permitted by the copyright law applicable to you or these terms of use, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the written permission of the copyright owner.


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