Terms & Conditions

iDreamingTV Incorporated (iDreaming)

iDreaming is the peak South Australia Aboriginal screen and new media arts organisation. iDreaming's purpose is to advocate for Aboriginal artists and provide them with a platform for exhibiting and commercialising their art including screen, new media, photography, audio/music and other visual and performing arts (work).

Exhibition of work on the website

iDreaming offers its services via its website idreamingtv.org (website). One service offered by iDreaming is an online exhibition service whereby artists are able to exhibit their work for free on the website. Artists also have an option to sell their work on the website in the form of a paid subscription. iDreaming makes this service available to artists and artists agree to exhibit their work on the website, subject to the following subscriber terms (Subscriber Terms).

Other terms and conditions

The following additional terms may also apply to the artist’s relationship with iDreaming:

1. iDreaming Privacy Policy;
2. iDreaming Artist Consent and Licence Agreement;
3. iDreaming Terms and Conditions of Sale; and
4. iDreaming Website Terms and Conditions of Use.
   

Registering as an artist

Artists who wish to exhibit their work on the website or in the online shop (Shop) are required to agree to the Subscriber Terms and any Subscriber work displayed on the website is displayed or exhibited pursuant to those terms.

Where an artist wishes to either exhibit their artwork for free or advertise their artwork for sale on the website, the artist should complete the form 'Register as an artist' on the website. As part of the registration process, artists are required to agree to the Subscriber Terms.

Creation of Artist Profile

Once an artist has registered and created a profile on the website, iDreaming will assess the artist registration/profile. If approved, iDreaming will publish the artist profile live on the website and the artist will be a subscriber (Subscriber). The artist can continue updating their profile with the available tools on the website.

Listing work for sale in the Shop

A Subscriber may exhibit work and advertise it for sale on the website by:

1. Selecting their profile;
2. Ticking the box 'item is for sale';
3. Uploading a visual representation or copy of the work; and
4. Entering the price in the adjacent field.
   

Subscriber fees

Once a Subscriber has listed their first item for sale in the Shop, a three month period will commence during which the Subscriber may list as many items as they like on the Shop at no cost.

Commencing from the date 3 months from when the Subscriber lists their first item in the Shop, the Subscriber will need to pay to iDreaming the subscriber fees (Subscriber fees) set out below:

1. For up to and including 10 items listed in the Shop within a month - $3.00 per month;
2. For an unlimited number of items listed in the Shop within a month - $5.00 per month.

At the time of registering as a Subscriber, the artist will be asked to provide to iDreaming the artist's credit card, Mastercard or debt card details for the payment of Subscriber fees if they are selling in the shop. Subscriber fees will be due at the commencement of each month starting from the date 3 months from when the Subscriber lists their first item in the Shop.

In the event Subscriber fees are not paid when due, section 12 of these Subscriber Terms will apply.

Relationship between Subscribers and iDreaming

The Subscriber acknowledges and agrees that:

1. iDreaming provides a platform for the online exhibition of work;
2. The sale by a Subscriber of work to a purchaser is strictly between the Subscriber and the purchaser;
3. The Subscriber will need to arrange for payment and delivery directly with the purchaser; and
4. the Shop is available to browse to anyone who is able to access it online. iDreaming is not able to control or determine the purchasers who view the online exhibition of work. iDreaming makes no warranties or representations to Subscribers with respect to the ability of purchasers to purchase work from Subscribers, nor their ability to pay for the work pursuant to the terms agreed between the Subscriber and the purchaser.
5. Subscribers will not:
   1. Upload inappropriate content on the artist profile, in the Shop or on the website;
   2. Infringe any laws, third party rights or iDreaming policies;
   3. Use iDreaming's services if they are not able to form legally binding contracts or are under the age of 18;
   4. Fail to deliver items purchased from the Subscriber unless the purchaser fails to meet the agreed terms of sale or the Subscriber cannot authenticate the purchaser's identity;
   5. Post false, inaccurate, misleading, defamatory or offensive content; or
   6. Engage in any conduct that is likely to bring iDreaming into disrepute.
      

Managing risk to Subscribers

In order to minimise the risk associated with exhibiting work on the online Shop, iDreaming recommends to Subscribers that ideally:

1. Subscribers should seek payment in full for their work prior to delivering the work to the purchaser;
2. Subscribers should ensure the terms of sale between the artist and the purchaser are agreed between them in writing; and
3. Subscribers should utilise a third party platform of their choosing for processing payments.
   

Subscriber relationship with purchasers

The Subscriber acknowledges and agrees that the online exhibition service is provided for the sole purpose of allowing Subscribers to reach a broad audience for the sale of work for the Subscriber's benefit. In respect of work exhibited and advertised for sale in the Shop the Subscriber agrees to:

1. deal with purchasers and potential purchasers in good faith;
2. be transparent in their dealing with purchasers; and
3. respond to purchasers courteously and within a reasonable timeframe.
   

Intellectual Property

1. When a Subscriber uploads content to the website or the Shop the Subscriber grants to iDreaming a non-exclusive, worldwide, irrevocable, royalty-free right to use the content for iDreaming's own business purposes including but not limited to marketing and improving user experience.
2. The Subscriber warrants that any work that they exhibit or list for sale in the Shop does not infringe the intellectual property rights of any third party.
3. The Subscriber indemnifies iDreaming against any claims that the exhibition of work on the website or in the Shop infringes the intellectual property rights of any third party.
   

Cancellation of a subscription

In the event Subscriber fees are not paid when due, iDreaming will send a reminder to the Subscriber advising them of the non-payment.

If, following a reminder of non-payment, payment remains outstanding for more than one month, iDreaming may, at its absolute discretion, immediately cancel the Subscriber's subscription and remove the Subscriber's listings from the Shop.

Release

In the event there is a dispute between a Subscriber and a purchaser, the Subscriber releases iDreaming from any and all claims, demands and damages arising from or in any way connected to the dispute.

Privacy

Any information a Subscriber supplies to us will be treated in accordance with our Privacy Policy.

Jurisdiction

These Subscriber Terms are governed by the law in force in the South Australia. You irrevocably submit to the exclusive jurisdiction of the courts of South Australia and all courts of appeal from them, for determining any dispute concerning these Subscriber Terms.

Changes and updates to this policy

A version of the current Subscriber Terms will be available on the website at all times. Upon amendments or any updates to the Subscriber Terms, iDreaming will inform current Subscribers, who may continue with their subscription or cancel their subscription in accordance with these Subscriber Terms.

Further Information

If you have any queries or would like further information about these Subscriber Terms, please contact us at admin@idreamingtv.org.

The last update to this document was 22 February 2023.