Terms and conditions

  1. The User acknowledges that the Creative Spaces website and Creative Spaces program are part of the City of Melbourne's Creative City branch and as such any indemnity applicable to the Website and program applies to and for the City of Melbourne.
  2. The User releases the City of Melbourne, Creative Victoria, and Creative Spaces website, employees, agents and contractors from all liability arising from or in connection to the hire of space from the Creative Spaces website including the accuracy of listings and the quality, safety or legality of such listings.
  3. The User acknowledges that the City of Melbourne will collect data related to searches and space listings. Aggregate, non-identifying data on website usage may be shared or sold to Creative Spaces website network and stakeholders.
  4. Data displayed on or via the Creative Spaces website is protected as a collective work and/or compilation pursuant to copyright laws and international conventions.
  5. The User agrees not to reproduce, copy, sell, resell or exploit for any purposes any content or aspect of the Creative Spaces Website without appropriate consents (other than the User's own data).
  6. These terms and conditions may be revised at any time.
  7. These terms and conditions fully govern any use of this site.
  8. These terms and conditions apply to registered users and non-registered visitors to this site.
  9. Users are responsible for the accuracy of the information displayed on their listing.
  10. By submitting a listing, Users confirm that they own/have permission to manage bookings and enquiries for that listing.
  11. Creative Spaces reserves the right to publish or decline a listing.
  12. Creative Spaces cannot guarantee the speed at which a listing is submitted then published. By submitting a listing, the User acknowledges that it may take up to five working days, or longer in extenuating circumstances, for a listing to be published or for edits to be made to published listings.
  13. The User acknowledges and agrees that the City of Melbourne, Creative Victoria, and the Creative Spaces network are not responsible for any injury to person or damage to property arising from or in connection with a space that is listed on the Creative Spaces website.
  14. The User acknowledges and agrees that it is its own responsibility to ensure the space listed is fit for the proposed use and is used in a safe manner to avoid injury to person or damage to property.
  15. The User releases the City of Melbourne, Creative Victoria, and the Creative Spaces network, their employees, agents and contractors from all liability arising from or in connection to their space listing on the Creative Spaces website including the accuracy of postings and the quality, safety or legality of such postings.
  16. The User is solely responsible for all information that is listed by them and any consequences that may result from such posts.
  17. The City of Melbourne may at its discretion refuse, delete or take down content that is inappropriate or breaching these Terms of Use.
  18. The City of Melbourne may at its discretion restrict a user's usage of the Services either temporarily or permanently, or refuse a User's registration.
  19. The User must not:
    1. post any threatening, abusive, defamatory, obscene or indecent material; be false or misleading;
    2. make false or misleading representations about the products and services as supplied, or offered to supply or promoting such products or services.
    3. distribute or send communications that contain spam, chain letters, or pyramid schemes.
    4. infringe any third-party rights;
    5. distribute or send communications that contain spam, chain letters, or pyramid schemes; (as above)
    6. distribute viruses or any other technologies that may harm Creative Spaces, the Services or the interests or property of Creative Spaces users;
  20. The User acknowledges that Creative Spaces, Creative Victoria and City of Melbourne are not party to any agreements or contracts between a space lister and space hirer formed through the use of this website; nor does it act as a real estate agent, broker or insurer.
  21. The User indemnifies and keeps indemnified the City of Melbourne, Creative Victoria, and the Creative Spaces network, their employees, agents and contractors and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising from or in connection with the space that I have listed on the Creative Spaces Website.
  22. The User acknowledges that they own the rights to any images or information, or have permission from the owner to use such images and other information, uploaded to the Creative Spaces website and give permission for those images and information to be used on the Creative Spaces website in the promotion of the space, listing or the Creative Spaces Website itself. The User agrees not to post any images or information that infringe the rights of third parties.
  23. The User acknowledges that their listing and related images may be used by the Creative Spaces program across digital social media channels including but not limited to Facebook, Twitter and Instagram for advertising and marketing of the Creative Spaces website and Creative Spaces program.
  24. Creative Spaces reserves the right to remove a listing without notice.
  25. The User agrees to indemnify and keep indemnified the City of Melbourne, Creative Victoria, and all Creative Spaces Website licensees, their employees, agents and contractors and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising from or in connection with the space that I have sourced from the Creative Spaces Website that is not owned or managed by them.
  26. The User acknowledges that their email address will be shared with space managers/owners when submitting an enquiry to a particular space listing and acknowledge that communications outside of the Creative Spaces website (through email, telephone or other carriage service) are their own responsibility and are in no way the responsibility of Creative Spaces, the City of Melbourne, Creative Victoria, and the Creative Spaces network.
  27. The User must comply with all Laws, Rules, Regulations, Local Laws and directions of the relevant local authority. The User is required to be aware of all relevant laws, including forming contractual arrangements with other parties in a lawful manner.
  28. Insights and Premium Account terms and conditions

  29. The User will not share login details, share or permit any other user to access the data and insights made available to you as part of your paid membership.
  30. Data and insights displayed on the Creative Spaces website is obtained from aggregate user-generated and user-submitted information. Creative Spaces cannot guarantee the accuracy of user-generated data.
  31. Creative Spaces reserves the right to cancel Insights and Premium account memberships that breach these Terms and Conditions without notice.
  32. Insights and Premium account sales are final, and cannot be refunded except in the circumstance of technical difficulties logged and acknowledged by Creative Spaces administration resulting in the inaccessibility to data.

Definitions

  • Artist Profile: A publicly accessible page on the website promoting artists, creative practitioners and/or creative organisations.
  • Event: An online or live event listing, for example, an online film festival.
  • Insights account: Paid access to limited data gathered through the website for a one-off fee.
  • Listing: A publicly accessible page on the website promoting a creative space, event or artist profile.
  • Network: Refers to Premium account holders who are granted data access to the website and are cross promoted across Creative Spaces platforms.
  • Premium account: Paid access to data gathered through the website for an agreed period of time.
  • Search/es: Listings that are found via the website search functions.
  • Space: Spaces for the purpose of creative use that are listed on the website.
  • User: Any person accessing the website.
  • Website: Creative Spaces website.