Terms and Conditions

Welcome to NLR Art (the "Website"). These Terms and Conditions ("Terms") govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website.

The Website is owned and operated by Naomi Rainbow ("we," "us," or "our"), an artist specialising in acrylic on canvas paintings, fineliner illustrations, lino prints, and mosaics. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

1. Use of the Website

1.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes, such as viewing artwork, reading about the artist's process, and purchasing items. You may not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without our prior written consent.
Use the Website for any unlawful purpose or in violation of any local, state, national, or international law.
Interfere with or disrupt the Website, servers or networks connected to the Website.
Engage in any form of automated data collection (e.g., scraping, bots) without our express permission.
Attempt to gain unauthorised access to any portion of the Website or any other systems or networks connected to it.

We may terminate or suspend your access to the Website at any time, without notice, for any reason, including if we believe you have violated these Terms.

1.2 User-Generated Content

Suppose the Website allows for user comments, reviews, or submissions (e.g., in a blog or contact form). In that case, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that any content you submit does not infringe on third-party rights and is not defamatory, obscene, or unlawful.

2. Intellectual Property Rights

2.1 Copyright

All content on the Website, including but not limited to artwork images, descriptions, text, graphics, logos, photographs, videos, and any other materials (collectively, "Content"), is owned by us or our licensors and is protected by copyright laws under Australian and international treaties, including the Berne Convention.

Original Artwork: Acrylic on canvas paintings, fineliner illustrations, lino prints, and mosaics are original works created by the artist. Copyright in these works vests automatically upon creation and is owned exclusively by us. Purchasing an original piece grants you ownership of the physical item but does not transfer any copyright or reproduction rights. You may not reproduce, scan, photograph for commercial purposes, or create derivatives of the artwork without our explicit written permission.
Prints and Reproductions: Limited edition lino prints or other reproductions are sold with limited rights. You may display them for personal use, but may not reproduce, resell as originals, or use them commercially without permission.
Digital Images: Images of artwork on the Website are provided for viewing purposes only. You may not download, copy, or use these images for any purpose other than personal, non-commercial reference without our consent. Watermarks or low-resolution previews are used to protect against unauthorised use.

Any unauthorised use of copyrighted material constitutes infringement and may result in legal action, including claims for damages and injunctive relief.

2.2 Trademarks

The Website may feature trademarks, service marks, logos, or trade dress owned by us (collectively, "Trademarks"). These include [Artist's Name/Brand Name], any stylised logos, and phrases associated with our artwork styles (e.g., specific series names for acrylics or mosaics). These Trademarks are protected under trademark laws in Australia and other jurisdictions.

You may not use our Trademarks in any manner that is likely to confuse, or in any way that disparages or discredits us. All other trademarks appearing on the Website are the property of their respective owners.

2.3 Reporting Infringement

If you believe that any Content on the Website infringes upon your copyright or trademark rights, please contact us at [email address] with the following information:

A description of the infringed work and the allegedly infringing material.
Your contact information.
A statement that you believe in good faith that the use is not authorised.
A signed declaration under penalty of perjury.

We will respond to valid notices in accordance with applicable Australian copyright law.

3. Privacy

Your privacy is important to us. Please review our separate Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to our data practices.

4. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Website, even if advised of the possibility of such damages. Our total liability shall not exceed the amount paid by you for any services or items obtained through the Website.

The Website is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

5. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Website, violation of these Terms, or infringement of any intellectual property or other rights.

6. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Victoria, Australia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be resolved exclusively in the courts located in Melbourne, Victoria, Australia.

We encourage informal resolution of disputes. Please contact us first before pursuing legal action.

7. Miscellaneous

7.1 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force.

7.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Website.

7.3 Force Majeure

We shall not be liable for any failure to perform due to events beyond our control, such as natural disasters, pandemics, or supply chain disruptions.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: nrainbow6@gmail.com

Last Updated: October 15, 2025

Privacy Policy

Welcome to NLR Art (the "Website"), owned and operated by Naomi Rainbow ("we," "us," or "our"), an artist specialising in acrylic on canvas paintings, fineliner illustrations, lino prints, and mosaics. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit or use our Website. We are committed to safeguarding your privacy and ensuring compliance with applicable privacy laws, including the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

By using the Website, you consent to the practices described in this Privacy Policy. If you do not agree with this policy, please do not use the Website. We may update this Privacy Policy from time to time, and changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Website after changes constitutes your acceptance of the revised policy.

1. Information We Collect

We may collect the following types of information when you interact with the Website:

1.1 Personal Information

Personal information is information that can identify you, either alone or in combination with other data. We may collect:

Contact Information: Name, email address, postal address, and phone number (e.g., when you contact us, sign up for newsletters, or submit inquiries via forms).
Payment Information: Credit card details, billing address, or other payment-related information when processed through third-party payment providers (we do not store payment details directly).
User-Generated Content: Comments, reviews, or messages you submit through contact forms, blog comments, or other interactive features.

1.2 Non-Personal Information

We may collect non-identifying information, including:

Usage Data: Information about how you interact with the Website, such as pages visited, time spent, and referring URLs.
Device and Technical Information: IP address, browser type, operating system, device type, and other technical data collected via cookies or analytics tools.
Analytics Data: Aggregated data about Website usage, such as the number of visitors or popular pages, collected through tools like Google Analytics.

1.3 Cookies and Tracking Technologies

We use cookies and similar technologies (e.g., web beacons, pixels) to enhance your experience, analyse usage, and personalise content. Cookies may include:

Essential Cookies: Necessary for the Website to function (e.g., maintaining user sessions).
Analytics Cookies: Track Website performance and user behaviour.
Marketing Cookies: Used to deliver relevant advertisements or track newsletter subscriptions.

You can manage cookie preferences through your browser settings, but disabling cookies may affect Website functionality.

2. How We Use Your Information

We use your information to:

Provide and improve the Website’s functionality and user experience.
Respond to inquiries, comments, or requests submitted via contact forms.
Send newsletters, promotional offers, or updates about our artwork (e.g., new acrylic paintings, lino prints, or mosaic exhibitions), if you have opted in.
Process transactions through third-party payment providers (e.g., PayPal, Stripe).
Analyse website usage to optimise content and performance.
Comply with legal obligations under Australian law, such as tax or consumer protection requirements.
Protect against fraud, unauthorised access, or other illegal activities.

3. How We Share Your Information

We do not sell, trade, or rent your personal information to third parties. We may share your information in the following circumstances:

Service Providers: With trusted third parties who assist us in operating the Website, such as hosting providers, payment processors, or analytics services (e.g., Google Analytics, Australia Post for shipping). These providers are contractually obligated to protect your information.
Legal Requirements: If required by law, such as to comply with a court order, subpoena, or other legal process under Australian or international law.
Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred to the new entity, subject to this Privacy Policy.
Aggregated Data: Non-personal, aggregated data may be shared for statistical or marketing purposes (e.g., Website traffic reports).

4. Data Storage and Security

4.1 Storage

Your personal information is stored on secure servers, either managed by us or our trusted service providers, located in Australia or jurisdictions with comparable privacy protections. Payment information is handled by third-party providers compliant with Payment Card Industry Data Security Standards (PCI DSS).

4.2 Security Measures

We implement reasonable technical and organisational measures to protect your information, such as encryption, secure sockets layer (SSL) technology, and access controls. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5. International Data Transfers

As an Australian-based Website, most data is processed within Australia. If your information is transferred to service providers outside Australia (e.g., for cloud hosting or analytics), we ensure they comply with privacy standards equivalent to the Australian Privacy Principles or are subject to laws providing comparable protection.

6. Your Rights and Choices

Under the Privacy Act 1988 (Cth), you have rights regarding your personal information, including:

Access: Request access to the personal information we hold about you.
Correction: Request correction of inaccurate or incomplete information.
Opt-Out: Unsubscribe from newsletters or marketing communications via the unsubscribe link in emails or by contacting us.
Complaints: Lodge a complaint if you believe your privacy rights have been breached.

To exercise these rights, contact us at [email address]. We will respond within a reasonable time, typically within 30 days, as required by Australian law.

You may also manage cookies through your browser settings or opt out of targeted advertising via tools like the Digital Advertising Alliance’s opt-out portal.

7. Third-Party Links

The Website may contain links to third-party websites (e.g., social media, payment processors). We are not responsible for the privacy practices or content of these websites. Please review their privacy policies before providing personal information.

8. Children’s Privacy

The Website is not intended for individuals under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that a child has provided personal information, we will delete it in accordance with applicable law.

9. Retention of Information

We retain personal information only for as long as necessary to fulfil the purposes outlined in this Privacy Policy or to comply with legal obligations (e.g., tax or consumer law requirements). For example, contact information may be retained for ongoing communications unless you request deletion, and analytics data may be kept in aggregated form indefinitely.

10. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Email: nrainbow6@gmail.com

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.