Terms and Conditions


Terms and Conditions of Mosaic of Mankind.

The Mosaic of Mankind Website is provided by the ‘Mosaic of Mankind Philanthropic Trust’, and the use of the Site is governed by these Terms and Conditions.  ‘User’ refers to anyone, whether a natural person or otherwise, who ‘visits’ the Site, viewing the content herein, or anyone who becomes a ‘member’ of the site, buying the right to contribute to the content herein, or anyone who interacts with the Site, whether intentionally or otherwise.

All Users, by continuing to use this Site, agree to abide by these terms and conditions.  If you do not agree to anything contained within this agreement you should discontinue use of this Site immediately.  In the process of becoming a member you will be required to affirm that you have read and understood and agree to these Terms and Conditions.

1          Eligibility. Use of and Membership in the Mosaic of Mankind Site and Services is void where prohibited. By using the Mosaic of Mankind Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Mosaic of Mankind Services does not violate any applicable law or regulation;  (d) you are authorised to make any payments you make in regard to the Mosaic of Mankind Services.

2          Term. This Agreement shall remain in full force and effect while you use the Mosaic of Mankind Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Mosaicofmankind.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3          Fees. You acknowledge that Mosaicofmankind.com reserves the right to charge for the Mosaic of Mankind Services and to change its fees from time to time in its discretion. If Mosaicofmankind.com terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any kind.

4          Non-refund agreement.  You agree that the Mosaic of Mankind will not be held liable for any direct, indirect, consequential, exemplary, incidental, special or punative damages, loss of income or potential income in the event that the Mosaic of Mankind Services are discontinued prior to the completion of the Mosaic of Mankind, or prior to delivering the expected or promised services, and that in such event, any fees paid to Mosaicofmankind.com will be forfeit, and any services provided by Mosaicofmankind.com will be deemed fair exchange for any fees paid by the User.  The User acknowledges and agrees that insofar as is possible by law, Mosaicofmankind.com has the right, at it’s sole discretion, to refuse refund under all circumstances, including voluntary or involuntary cancellation of User membership.

4          Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Mosaicofmankind.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5          Non-commercial Use by Members. The Mosaic of Mankind Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Mosaicofmankind.com. Illegal and/or unauthorized use of the Mosaic of Mankind Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Mosaic of Mankind Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Mosaic of Mankind Services.

6          Proprietary Rights in Content on MySpace.com.

  1. Mosaicofmankind.com does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively, "Content") that you post to the Mosaic of Mankind Services. After posting your Content to the Mosaic of Mankind Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Mosaic of Mankind Services, you hereby grant to Mosaicofmankind.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through and in promotion of the Mosaic of Mankind Services, without consultation or fiduciary or other compensation, including acknowledgment as author / artist / originator.

Without this license, Mosaicofmankind.com would be unable to provide the Mosaic of Mankind Services. For example, without the right to modify Member Content, Mosaic of Mankind would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly display Member Content, Mosaicofmankind.com could not allow Users to see pictures posted by Members. The license you grant to Mosaicofmankind.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mosaicofmankind.com), fully-paid and royalty-free (meaning that Mosaicofmankind.com is not required to pay you for the use on the Mosaic of Mankind Services of the Content that you post), sublicensable (so that Mosaicofmankind.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Mosaic of Mankind Services), and worldwide (because the Internet and the Mosaic of Mankind Services are global in reach). This licence is in perpetuity for the content you provide to the Mosaic of Mankind Services, and continues even if you terminate your membership, or have your membership terminated.  The Mosaic of Mankind Philanthropic Trust may use the content you provide, including but not limited to images and written word to promote the Mosaic of Mankind Services and may combine any content you provide with content from other Users to create unique artwork, the rights to which belong entirely to the Mosaic of Mankind Philanthropic Trust or it’s consigns.
2.   You represent and warrant that: (i) you own the Content posted by you on or through the Mosaic of Mankind Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Mosaic of Mankind Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Mosaic of Mankind Services.

  1. The Mosaic of Mankind Services contain Content of Mosaicofmankind.com ("Mosaicofmankind.com Content"). Mosaicofmankind.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Mosaicofmankind.com owns and retains all rights in the Mosaicofmankind.com Content and the Mosaic of Mankind Services. Mosaicofmankind.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mosaicofmankind.com Content (excluding any software code) solely for your personal use in connection with viewing the Mosaic of Mankind Website and using the Mosaic of Mankind Services.
  2. The Mosaic of Mankind Services contain Content of Users and other Mosaic of Mankind licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mosaic of Mankind Services.

7          Content Posted.

  1. Mosaicofmankind.com may delete any Content that in the sole judgment of Mosaicofmankind.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mosaicofmankind.com assumes no responsibility for monitoring the Mosaicofmankind.com Services for inappropriate Content or conduct. If at any time Mosaicofmankind.com chooses, in its sole discretion, to monitor the Mosaicofmankind.com Services, Mosaicofmankind.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  2. You are solely responsible for the Content that you post on or through any of the Mosaic of Mankind Services, and any material or information that you transmit to other Members and for your interactions with other Users. Mosaicofmankind.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Mosaicofmankind.com prior to posting and does not necessarily reflect the opinions or policies of Mosaicofmankind.com.  Mosaicofmankind.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8          Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Mosaic of Mankind Services. Mosaicofmankind.com reserves the right, though is not bound, to investigate and take appropriate legal action against anyone who, in Mosaicofmankind.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Mosaic of Mankind Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mosaicofmankind.com:

  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. provides any telephone numbers, street addresses, or URLs.
  6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices.
  8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  13. includes a photograph of another person that you have posted without that person's consent; or

The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Mosaic of Mankind Services. Mosaicofmankind.com reserves the right to investigate and take appropriate legal action against anyone who, in Mosaicofmankind.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Mosaic of Mankind Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Mosaic of Mankind Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Mosaicofmankind.com reserves the right to restrict the number of communications which a Member may send to other Members in any 24-hour period to a number which Mosaicofmankind.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Mosaic of Mankind Services, you acknowledge that you will have caused substantial harm to Mosaicofmankind.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MySpace.com $50 for each such unsolicited email or other unsolicited communication you send through the Mosaic of Mankind Services;
  3. covering or obscuring banner advertisements, or substantially altering your profile page or any Mosaicofmankind.com page via HTML/CSS or any other means;
  4. any automated use of the system, such as using scripts to add friends or send comments or messages;
  5. interfering with, disrupting, or creating an undue burden on the Mosaic of Mankind Services or the networks or services connected to the Mosaic of Mankind Services;
  6. attempting to impersonate another Member or person;
  7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  8. using any information obtained from the Mosaic of Mankind Services in order to harass, abuse, or harm another person;
  9. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Mosaic of Mankind Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
  10. using the Mosaic of Mankind Services in a manner inconsistent with any and all applicable laws and regulations.

The user acknowledges that point 4 Non-refund Agreement applies to memberships or profiles cancelled, deleted or otherwise tampered with for the above reasons, or any other reason.

  •  Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mosaicofmankind.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Mosaicofmankind.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Mosaic of Mankind Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Mosaic of Mankind Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Member Disputes. You are solely responsible for your interactions with other Mosaicofmankind.com Members. Mosaicofmankind.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  • Privacy. Use of the Mosaic of Mankind Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  • Disclaimers. Mosaicofmankind.com is not responsible for any incorrect or inaccurate Content posted on the Mosaic of Mankind Website or in connection with the Mosaic of Mankind Services, whether caused by Users of the Mosaic of Mankind Services or by any of the equipment or programming associated with or utilized in the Mosaic of Mankind Services. Profiles created and posted by Members on the Mosaic of Mankind Website may contain links to other websites. Mosaicofmankind.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mosaicofmankind.com. Inclusion of any linked website on the Mosaic of Mankind Services does not imply approval or endorsement of the linked website by Mosaicofmankind.com. When you access these third-party sites, you do so at your own risk. Mosaicofmankind.com takes no responsibility for third party advertisements which are posted on this Site or through the Mosaic of Mankind Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mosaicofmankind.com is not responsible for the conduct, whether online or offline, of any User of the Mosaic of Mankind Services. Mosaicofmankind.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Mosaicofmankind.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Mosaic of Mankind Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Mosaic of Mankind Services. Under no circumstances shall Mosaicofmankind.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Mosaic of Mankind Services, attendance at a Mosaic of Mankind Philanthropic Trust event, from any Content posted on or through the Mosaic of Mankind Services, or from the conduct of any Users of the Mosaic of Mankind Services, whether online or offline. The Mosaic of Mankind Services are provided "AS-IS" and as available and Mosaicofmankind.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mosaicofmankind.com cannot guarantee and does not promise any specific results from use of the Mosaic of Mankind Services.
  • Limitation on Liability. IN NO EVENT SHALL MOSAICOFMANKIND.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MOSAICOFMANKIND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOSAICOFMANKIND.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOSAICOFMANKIND.COM FOR THE MOSAIC OF MANKIND SERVICES DURING THE TERM OF MEMBERSHIP.
  • Disputes. If there is any dispute about or involving the Mosaic of Mankind Services, you agree that the dispute shall be governed by the laws of the State of Victoria, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia, Victoria, City of Melbourne.
  • Indemnity. You agree to indemnify and hold Mosaicofmankind.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Mosaic of Mankind Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Mosaic of Mankind Website or through the Mosaic of Mankind Services causes Mosaicofmankind.com to be liable to another.
  • Other. This Agreement is accepted upon your use of the Mosaicofmankind.com Website or any of the Mosaic of Mankind Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Mosaicofmankind.com regarding the use of the Mosaic of Mankind Services. The failure of Mosaicofmankind.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mosaicofmankind.com is a trading name of the Mosaic of Mankind Philanthropic Trust, registered in the State of Victoria, Australia. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.