Please Read Carefully
These Terms and Conditions govern your use of the Mellow Art website and services. By accessing and using our platform, you agree to comply with these terms. If you disagree with any part, please do not use our service.
1. Agreement to Terms
By accessing and using the Mellow Art website, mobile application, and related services (collectively, the "Service"), you agree to be bound by these Terms and Conditions, our Privacy Policy, and any other guidelines or rules we may publish. If you do not agree to these terms, you may not use the Service.
We are committed to maintaining the trust and confidence of our community members, artists, and visitors. If you have questions about our privacy practices, please contact us at privacy@mellowart.com.
2. Use License
We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purposes. You may not:
- Modify, copy, or create derivative works from the Service
- Reverse engineer, decompile, or attempt to discover the source code or underlying technology
- Remove or alter any proprietary notices or labels
- Use the Service for any illegal or unauthorized purpose
- Access the Service through any automated means or bots
- Interfere with or disrupt the integrity or performance of the Service
3. User Accounts
When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
- Comply with all applicable laws and regulations
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity.
4. Artist Exhibitor Terms
For artists applying to exhibit with Mellow Art:
- Original Work: You certify that all work exhibited is original and created by you. We do not permit reselling or mass-produced items.
- Professional Conduct: You agree to maintain professional standards, treat visitors and other exhibitors with respect, and adhere to all event guidelines.
- Booth Setup: You are responsible for your own booth setup, including tables, displays, and signage. Setup guidelines will be provided with your confirmation.
- Payment: Booth fees must be paid in full by the deadline specified in your confirmation. Late payments may result in forfeiture of your booth.
- Insurance: You are responsible for insuring your artwork and personal property. Mellow Art is not liable for lost, damaged, or stolen items.
- Withdrawal: Cancellations must be made 14 days before the event for a refund. Late cancellations may forfeit the booth fee.
5. User-Generated Content
By submitting content to Mellow Art (including photos, bios, testimonials, and artwork descriptions), you grant us a non-exclusive, royalty-free license to use, display, and distribute this content on our website, social media, and marketing materials. You represent that you own or control all rights to the content and that it does not infringe upon any third-party rights.
You agree not to submit content that is offensive, defamatory, illegal, or violates anyone's rights.
6. Intellectual Property
The Service and all content therein (including text, graphics, logos, images, and software) are the property of Mellow Art or our content providers and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or transmit any content without our prior written permission.
Artist work featured on our platform remains the intellectual property of the respective artist. Mellow Art does not claim ownership of artist creations.
7. Limitation of Liability
To the fullest extent permitted by law, Mellow Art and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to:
- Loss of profits, revenue, data, or business opportunities
- Interruption or unavailability of the Service
- Unauthorized access to your information
- Third-party conduct or content
In no event shall our total liability exceed the amount you paid to Mellow Art in the 12 months preceding the claim.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind. We make no representations regarding the accuracy, reliability, or completeness of content. To the fullest extent permitted by law, we disclaim:
- Any implied warranties of merchantability or fitness for a particular purpose
- Warranties regarding uninterrupted or error-free operation
- Warranties that defects will be corrected
9. Indemnification
You agree to indemnify and hold harmless Mellow Art, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising out of or related to your use of the Service, violation of these terms, or infringement of any third-party rights.
10. Termination
We may terminate or suspend your account and access to the Service immediately, without notice or liability, for conduct that violates these terms or is harmful to our community, including:
- Fraudulent or dishonest conduct
- Violation of intellectual property rights
- Harassment or abusive behavior toward others
- Illegal activity
11. Modifications to Service
We reserve the right to modify, suspend, or discontinue the Service (or any portion thereof) at any time with or without notice. We are not liable for any modifications or discontinuation of the Service.
12. Third-Party Links & Content
Our Service may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of external sites. Your use of third-party sites is governed by their terms and privacy policies, not ours.
13. Payment Terms
Booth Fees:All booth fees are non-refundable except in cases of cancellation by Mellow Art. Cancellations made 14+ days before the event are eligible for a refund.
Payment Processing:Payments are processed securely through third-party payment providers. By providing payment information, you authorize us to process your payment.
Currency: All prices are in Australian Dollars (AUD) unless otherwise specified.
14. Dispute Resolution
Any disputes arising out of or related to these terms or your use of the Service shall be governed by the laws of Victoria, Australia, without regard to its conflict of laws principles.
You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia for the resolution of any disputes.
15. Contact Us
If you have questions about this Privacy Policy, wish to exercise your privacy rights, or have concerns about how we handle your information, please contact us:
Mellow Art
Email: support@mellowart.com
Address: Melbourne, Victoria, Australia
Response Time: We aim to respond to inquires within 48 hours
