Legal

Terms of Use

Effective as of 2015-06-01

The Arty Hearts values your interest in our products and our company.  We welcome and encourage your visit to our website. This website, along with its sub-sites and Dragon Gate/Katrina Read sites, (together “WEBSITE”) are published and maintained by The Arty Hearts and/or any of its affiliates or subsidiaries (together with The Arty Hearts).

By accessing and using this WEBSITE of The Arty Hearts you agree to the following terms of use:

1 Privacy Notice

This Privacy Notice specifies what kind of information The Arty Hearts or third parties on behalf of The Arty Hearts gathers from the WEBSITE. However, the different Katrina Read Brands and incorporated companies and businesses operate their websites independently and additional and different privacy information and requirements may exist on those specific web sites, as well as websites providing special functions.

1.1 Personal data

Please note, in order to take part in some of our functions and activities and to get access to some of our products or services, it will be necessary for you to provide Personal Data (such as your e-mail address, name, mailing address, telephone number) on certain areas of the WEBSITES.

Therefore, you fully understand and unambiguously consent to collection, use, and transfer of such Personal Data on the terms and conditions outlined in this Privacy Notice. We reserve the right to change or modify the Privacy Notice, following for example changes in applicable legislation, by posting such change, update or modification on the WEBSITE. Any such change, update or modification will be effective immediately upon posting on the WEBSITE.

The WEBSITE may contain links to non-THE ARTY HEARTS websites. The Arty Hearts is not responsible for the privacy practices of such websites.

You can contact The Arty Hearts or the relevant associated websites under our brands of companies and businesses if you have any questions regarding how we process personal data related to you. On request we will inform you in writing, in accordance with the current law, of the fact that we have stored your personal data and what information this includes.

1.2 Subscriptions

The various subscription functions are provided upon the basis of the details entered by you on certain areas of the WEBSITE. You take full responsibility for your subscription details/selections.

The newsletter service on our website is provided by persons or companies with whom THE ARTY HEARTS has contracts to carry out the internal operations This means in case you sign up for receiving newsletters from THE ARTY HEARTS, your e-mail address will be processed by such partners.

1.3 Transfer of Personal Data

THE ARTY HEARTS/DRAGON GATE HOLDINGS/KATRINA READ will not transfer (other than for routing purpose) the Personal Data you provide when using our WEBSITE to any third party, except (a) with your consent; (b) as may be required by law or court order; (c) to persons or companies with whom THE ARTY HEARTS/DRAGON GATE HOLDINGS/KATRINA READ has contracts to carry out the internal operations of the WEBSITE or our business, this may involve transfer to a third country outside of AU; or (d) we reasonably believe that they are subject to law, binding scheme or contract which upholds principles for fair handling and adequate level of protection of Personal Data.

We do not process any personal data about you, unless you enter such information yourself or have been informed about the required processing.

1.4 Quality

THE ARTY HEARTS will undertake to take reasonable steps to ensure that the Personal Data we collect from you are accurate, complete and up to date. However, you are under the obligation to provide only Personal Data, which are accurate, complete and up to date at the time of the collection. Should you later on establish that Personal Data held by us are not accurate, complete and up to date, you are encouraged and entitled to have it corrected and we will upon your written notice take reasonable steps to correct the Personal Data.

1.5 Security

While THE ARTY HEARTS cannot guarantee that unauthorized access will never occur,  THE ARTY HEARTS endeavours to take great care in maintaining the security of your Personal Data and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

2 Copyright and intellectual property rights

The contents included in or made available through this WEBSITE are © copyright 2015 THE ARTY HEARTS, NSW, AUSTRALIA or one or more other KATRINA READ entities. All Rights Reserved.

By viewing and using our site, you acknowledge that all intellectual property rights (including, but not limited to, logotypes, images, patents, operations, private & confidential information, rights of databases, and rights in Intellectual property, trademarks and designs (both registered or unregistered))  available through our WEBSITE, are subject to full intellectual property protection. You agree and undertake not to interfere or interrupt, or attempt to interrupt the operation of our WEBSITE or associated websites in any way.

All content made available on our WEBSITE may not be reproduced, duplicated, copied, transferred, distributed, stored, modified, downloaded or otherwise exploited for any commercial use without the prior written approval of THE ARTY HEARTS. THE ARTY HEARTS authorizes you to view and download the information made available through our WEBSITE only for your personal, non-commercial use without prior written approval of THE ARTY HEARTS. Under no circumstances may this information or software be distributed or supplied to third parties.

Any access to our WEBSITE/S in no way grants the user any license/s under any intellectual property owned by or licensed to THE ARTY HEARTS.

Any and all intellectual property rights available through our WEBSITE are reserved. Use without prior written authorisation from respective owner is expressly prohibited. Some parts of the WEBSITE may contain images that are subject to the copyright policies of their providers.

3 Trademarks

This list of registered and pending/visually recognised Trademarks, as well as other such names, logos, phrases and design (including, without limitation, all page headers, , button icons, custom graphics and scripts) used and made available through the WEBSITE/s are either trademarks, registered trademarks or trade dress of THE ARTY HEARTS. THE ARTY HEARTS trademarks and trade dress may not be used in connection with any product or service that is not THE ARTY HEARTS in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE ARTY HEARTS.

4 User accounts

It may be a requirement to open a user account in order to access certain restricted parts of the WEBSITE. To open a user account, you must complete the registration process by providing THE ARTY HEARTS with current, complete and accurate information as prompted by the registration form to the best of your knowledge. You undertake to assure THE ARTY HEARTS that all information provided is true and correct.

By opening a user account you agree to have read, and understood the terms of use for the WEBSITE. For website access, you will also be required to choose a password and a user name for your account, for which maintenance you are entirely responsible. THE ARTY HEARTS will not be liable for any loss that you may incur as a result of someone else using your password or account.

The WEBSITE provides for access right management by designated admin users. If applicable, you remain responsible for all actions or inactions in relation to such access right on behalf of your company and the users designated by you.

THE ARTY HEARTS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

5 Updates and Changes

THE ARTY HEARTS reserves the right to make changes or additions to the WEBSITE at any time.

We reserve the right, at any time and without notice, to add to, change, update or modify our Terms of Use, Privacy Notice and terms and conditions for online credit card payments by posting such change, update or modification on the WEBSITE. Any such change, update or modification will be effective immediately upon posting on the WEBSITE.

We encourage you to review these Terms of Use every time you use the WEBSITE.

6 Submissions

We welcome your input and discussions on our website. All information and materials you submit to us (through the WEBSITE/S), inclusive of any comments, suggestions, requests, ideas, materials, concepts, questions or other information, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We therefore request that you do not send any information or materials that you do not wish to assign to us, including any confidential information and any original creative materials. It is your responsibility to ensure information and materials you submit, including, without limitation to,is truthful and accurate.

All information, inclusive of materials submitted, shall be deemed THE ARTY HEARTS exclusive property, and that THE ARTY HEARTS shall be entitled to their unrestricted use, including but not limited to developing, manufacturing and marketing products, without any obligation to compensate you or any other provider of the unsolicited submissions.

Note: Your submissions to the WEBSITE have no legally binding effect. It is for this reason that any  invoices, reminders and the like must be confidentially and exclusively sent to the nominated provided addresses outlined in any provided contracts.

7 Warranty Disclaimers and Limitation of Liability

THE ARTY HEARTS endeavours to take all reasonable and reasonable care to assure the accuracy of the information contained on this WEBSITE, this information is provided “AS IS” and THE ARTY HEARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that your use of this WEBSITE is at your sole risk, that you assume full responsibility for all costs associated with use of this WEBSITE, and that THE ARTY HEARTS shall not be liable for any direct, incidental, consequential, or indirect damages of any kind arising out of your access to, inability to use, or use of the information or software made available on this WEBSITE.

THE ARTY HEARTS makes no warranties or representations for any products or services other than those expressly agreed to by THE ARTY HEARTS the terms of use applicable to such products and services.

THE ARTY HEARTS makes no warranties or representations whatsoever with respect to any other website or its content, which you may access through this WEBSITE. Such links are provided only as a convenience and do not mean that THE ARTY HEARTS endorses or accepts any responsibility for the contents of such website. In addition, it is up to you to take precautions and to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.