Exhibbit logo

Terms and conditions

How "Exhibbit" works

  1. Exhibbit Trading Limited trading as “Exhibbit” (“we/our”) provides virtual exhibition spaces for hire, and also custom built spaces for a clients exclusive use.

  2. The client (“you/your”) opens an account in their name to access our services. Opening the account is free.

  3. “Exhibbit” then provides you with an online place to create exhibitions, embedded in your website or in any other website of your choice, or (in the case of custom built galleries) a virtual gallery to your specifications.

  4. You retain ownership of all your intellectual property rights in your artworks. The only intellectual property right we are given in your artworks is a non-exclusive licence to display them in the exhibition(s) on our website and to use and/or refer to them in our promotional material. You may opt out of giving us the right to use and/or refer to your artworks/ exhibitions both on our website and/or in our promotional materials in both hardcopy and electronic form by checking the “Keep exhibition private” box in your user account.

  5. “Exhibbit” retains ownership, control and the right to use and provide their website and all content on it (including all digital imagery, photographs, text, articles, audio, video and animation files.) The copyright and any other intellectual property rights in any material we provide remain our property. Provided you comply with these terms of use you may electronically reproduce the content of your exhibitions created from our website, and display or distribute the content of those exhibitions to whom ever you choose.

Your Responsibilities

  1. It is your responsibility to ensure that your use of “Exhibbit” complies with these Terms of Use and is consistent with all applicable New Zealand and international laws and regulations.

  2. In particular, you must not submit to “Exhibbit” any material that:

  3. Infringes any copyright, trademark or other intellectual property rights. It is very important that artworks submitted to and displayed on “Exhibbit” must be your own original works, or works that you have the express permission of the creator/owner to display and promote their artworks. Is defamatory. Is obscene, pornographic or legally offensive.

  4. You must not use or link to the “Exhibbit” website, or use an “Exhibbit” created exhibition on your own website, in a way that breaches New Zealand’s anti-spam legislation, the Unsolicited Electronic Messages Act 2007. You can read about the requirements of this legislation on the New Zealand Department of Internal Affairs’ www.antispam.govt.nz website.

  5. You agree to keep us indemnified against any claims, losses, liabilities and expenses (including legal expenses) resulting from your breach of these Terms of Use. This includes (without limitation) claims for copyright or other forms of intellectual property infringement in the event you have submitted an artwork that you did not have the right to submit to (or keep displayed on) “Exhibbit”.

  6. “Exhibbit” is the trademark of Exhibbit Trading Limited. The “Exhibbit” logo and trademark notice are displayed on all exhibitions created using “Exhibbit” unless the Logo has been removed and/or replaced with your own by purchasing the ‘Branding’ option.

  7. Subscription types and lengths are chosen upon purchase. Subscriptions with Exhibbit are monthly, six-monthly or annual, with discounts for longer periods. You can choose for your subscription to be recurring or nonrecurring. Your subscription begins from the date of purchase.

  8. It is the responsibility of the account holder to manage their account and payments. Please make sure to allow all Exhibbit emails to your inbox so that our courtesy reminder emails keep you updated. You can also log in to Exhibbit and manage your current settings at any time.

  9. Non-recurring subscriptions will end after the current term has expired. Non-recurring subscriptions may be renewed by selecting the renew button on your gallery manager account page. The renew button only becomes active after the subscription has expired. To assist with this, we keep the current exhibition in your expired gallery online for a further 24 hours, allowing time for renewal. During this time you can continue to view and share your exhibition via the published link provided.

  10. Recurring subscriptions can be cancelled at any time. Once you have decided you would no longer like to be subscribed, you can cancel at any time on your gallery manager account page. Each month we send a reminder email six days before the subscription roll-over charge in time for you to cancel. Once you cancel your subscription, your gallery will stay active until the end of your current subscription period. The renew button only becomes active after a cancelled subscription has expired. To assist with this, we keep the current exhibition in your cancelled gallery online for a further 24 hours, allowing time for renewal. During this time you can continue to view and share your exhibition via the published link provided.

  11. Recurring subscriptions provide the option for the account holder to SWAP or change the DURATION of their recurring subscription. Non-Recurring subscriptions are not provided with these features.

  12. It is your responsibility to cancel any subscriptions that you no longer wish to continue. You are able to stop recurring subscriptions at the end of the current period by following the instructions in the ‘courtesy reminder’ emails or by logging into your account and cancelling any current subscription(s).

My “exhibbit” accounts

  1. Once you have opened an “Exhibbit” account, access to it is by your designated email address and password. You may change your password at any time.

  2. You will be liable for all activities conducted through your account whether or not authorised by you, until we are notified of the unauthorised use and have been able to block it.

  3. If we have reason to believe that there is likely to be a breach of security or misuse of the website, we may suspend your account and/or access to the website without notice.

Our Responsibilities

  1. We will provide access to the “Exhibbit” website and use reasonable endeavours to ensure it operates reliably and consistently. However we do not guarantee that it will operate continuously or be fault-free. To the extent permitted by New Zealand law, we exclude all warranties, terms and conditions (for example, warranties and conditions as to fitness or purpose and merchantability) whether express or implied by statute, common law or otherwise.

  2. If you are acquiring or holding yourself out as acquiring our services for business purposes, the Consumer Guarantees Act 1993 (New Zealand) will not apply.

  3. We are not responsible or liable to you for any loss, damage or injury suffered by you arising out of or connected with the performance or non-performance of our agreement, including by reason of any interruption of the website, suspension or termination of your access to the website, or cancellation of your account. Any liability we do have to you will be limited to the amount you have paid over the most recent twelve month period on your “exhibbit” account.

  4. There will be times when we need to temporarily suspend or restrict access to the website so we can carry out maintenance and development work. We will try to make sure we give you advance notice of these suspensions.

  5. We may terminate the agreement immediately by written notice if you have committed a material breach of these Terms of Use which cannot be remedied or which you have failed to remedy, or on commencement of any insolvency or liquidation or receivership process against you.

  6. It is your responsibility to keep us informed of all changes in your contact details. Any notices we send you will be to your most recently advised contact address.

  7. We may change these Terms of Use from time to time and the changes will be effective from the time they are published on our website.

Jurisdiction

Our agreement will be governed by New Zealand law and you and we both submit to the exclusive jurisdiction of the New Zealand courts.