Terms of Use

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://eaglearc.com.au website operated by Eagle Arc (“us”, “we”, or “our”).

Our / the / this Website means the website https://eaglearc.com.au

Our / we / us means Eagle Arc any subsidiaries, affiliates, employees, officers, agents or assigns.

Your access to and use of https://eaglearc.com.au is conditioned on your acceptance of, and compliance with, these Terms in full. These Terms apply to all visitors, users and others who access or use the Website. If you disagree with any part of these Terms then you may not access the Website. Your use of the Website constitutes your agreement to such Terms. 

By using the Website (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Website is personal to you and is not transferable to any other person or entity.

Your use of the Website is subject to Eagle Arc’s Privacy Policy. Please review our Privacy Policy which informs users of our data (personal information) collection practices and use of cookies. By using the Website and agreeing to these Terms, you consent to Eagle Arc’s Privacy Policy and use of cookies.

https://eaglearc.com.au is a website comprised of various web pages displaying illustration and written content. The Website is intended for persons who are 18 years or older, or have consent from their parent or guardian to access it. 

Additional Terms of Service for commissioned and freelance projects are supplied separate to these Terms. 

You must not use, nor will you allow or authorise any third party to use the Website:

    •    in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the website; 

    •    in any way which is unlawful, illegal, fraudulent or harmful (e.g. defamatory, harassing, abusive, obscene), or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    •    in a way which conflicts with the Website or the services that it offers; or

    •    to transmit or send unsolicited commercial communications.

You will use the Website in accordance with all applicable local, state, national and international laws, rules and regulations.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

You agree to indemnify, defend and hold harmless Eagle Arc from and/or against any and all liabilities or expenses arising from, or in any way related to, your use of the Website and the services or information offered on the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from your violation of any laws or regulations, or a breach of these Terms of Use.

All materials (“content”) included as part of the Website, such as text, written content, file content, graphics, logos, images/illustrations, as well as the compilation thereof, is the property of Eagle Arc and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You must not use our copyright material other than in a manner permitted by law.

You will not modify, publish, transmit, redistribute, reproduce, copy, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will make no other use of content other than in a manner permitted by law, without the express written permission of Eagle Arc and the copyright owner, in which case we may require you to sign a License Agreement. 

You agree that you do not acquire any ownership rights of any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eagle Arc except as expressly authorized by these Terms.

The trademarks and logos contained on this Website are trademarks of Eagle Arc. Use of these trademarks is strictly prohibited.

We reserve the right, in our sole discretion, to terminate or suspend access to all or part of the Website immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms.

All provisions of these Terms shall survive termination, including, without limitation, indemnification, intellectual property and copyright, no representations or warranties, limitations on liability and severability. 

These Terms of Use are governed by and construed in accordance with the laws of Western Australia, Australia. Any disputes concerning this Website are to be resolved by the courts having exclusive jurisdiction in Western Australia, and each party will be subject to the jurisdiction of those courts.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

We retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other appropriate country or jurisdiction.

If you access the Website from a location outside of Australia, you are responsible for compliance with all local  applicable laws, restrictions or regulations.

If you do not comply with these Terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular Term is not enforceable, this will not affect any other Terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eagle Arc as a result of your compliance to the Terms or use of the Website. 

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website, is governed by our Privacy Policy. By using this Website and the services associated with this Website, you are agreeing to the Privacy Policy. To read more about why we collect personal information from you and how we use that information, see our Privacy Policy.

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

You should always be aware of the potential for fraud and theft on the internet. We use email to communicate with you. However, emails may appear to be from us may be forged. If you are ever in doubt, please contact us using the contact form located on the Contact page on our Website. 

You have certain rights under Australian Consumer Law. To the extent these laws apply, these Terms of Use are intended to operate alongside of your lawful rights and are not intended to limit or impede those rights.

We are not responsible for the behavior of any third parties, linked websites, or other visitors to the Website. This Website may contain links to third-party websites or services that direct you outside of this Website. These links are provided for your convenience and are not an express or implied endorsement of the linked website, its contents or any associated website, product or service. 

Eagle Arc cannot be responsible or liable, directly or indirectly, for:

    •    damage or loss caused or alleged to be caused by connecting to these websites or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services;

    •    the protection and privacy of any information which you provide whilst visiting such websites. Our Privacy Policy does not cover any linked websites. We encourage you to read the Privacy Policies and Terms of Use that are applicable to the other websites you visit; and

    •    the accuracy, availability, or appropriateness to the user’s purposes, of any information or services on any other website, including without limitation any link contained in a linked website, or any changes or updates to a linked website.

You may link to our articles or certain pages on our Website. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our Website at any time by notice to you.

You may provide links to our website, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Eagle Arc take no responsibility for the accuracy, completeness, or relevance to the user’s purpose, of any of the content or statements contained on this Website or in relation to our services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. 

With the exception of any warranties provided by Law which cannot be excluded, all of our services are provided without a warranty. Except to the extent provided by law, we are not liable for any damages whatsoever, incurred as a result of, or relating to the use of, the Website or our services. The Website is provided on an “as is, as available” basis.

Eagle Arc does not make any express or implied warranties, representation or endorsements, nor accept any legal liability arising from or connected to, but not limited to, any of the following:

    •    the suitability, reliability, availability, timeliness and accuracy of the content e.g. information, services, illustrations and graphics contained on the Website for any purpose.

    •    the Website being uninterrupted or error-free or that defects in it will be corrected;

    •    the Website or any part of it being constantly available, or available at all; 

    •    information on the Website being complete, true, accurate or non-misleading; 

    •    information on Website constituting, or meant to constitute, advice of any kind;

     •    losses arising out of any event or events beyond our reasonable control;

     •    delays or failure in performance, from any cause beyond our control (e.g. disruptions to third-party internet service providers and the Adobe Portfolio platform, computer viruses etc., changes to law or regulations, natural events such as floods etc., power outages and so on); or

    •    any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill arising out of or in any way connected with the use or performance of the Website.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

We reserve the right, in our sole discretion, to change, modify, replace, add or remove portions of these Terms of Use and our Privacy Policy without prior notice in the future. The most current version of the Terms will supersede all previous versions and will apply to the use of the Website from the date of publication on the Website. These Terms can be printed from this website page. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. All changes and updates will be found on our Website and we encourage you to periodically review the Terms to stay informed of our updates. Your continued use of the Website constitutes your continued agreement to these Terms. If you do not agree with these Terms, you should cease using our website.

Questions regarding these Terms of Use should be sent by email to eaglearc@outlook.com or via this Websites contact form.

Last updated: 4th December 2018