14. Points to Note

1. Applicants must complete the Application Form.
   
   
2. The selected applicants will be required to sign commissioned agreements with vA! and abide by the relevant regulations when using the facilities of vA!.
   
   
3. The commissioned applicant(s) are required to dismantle all exhibits, remove and dispose any wastes generated during the residency and exhibition, and restore the venue to its original state after the artist-in-residence and exhibition.
   
   
4. The decisions of vA! regarding all aspects of the Programme, including the assessment and implementation schedule, are final and binding on all parties concerned and cannot be appealed against.
   
   
5. vA! may, at its discretion, cancel, modify or suspend the Programme. The applicant shall not be entitled to any compensation as a consequence to such cancellation, modification or suspension of the Programme.
   
   
6. In case of discrepancies between the Chinese and English versions in this Programme detail, the English version shall apply and prevail.
   
   
7. Upon submission of the Proposal, it automatically implies full agreement by the applicants to comply with terms and conditions.

15. Artwork Ownership and Intellectual Property Rights

1. The submitted Proposals and all exhibits must be the applicants’ original works and must not infringe upon the Intellectual Property Rights of any party.
   
   
2. If the Proposals and the exhibits include any third-party materials protected by Intellectual Property Rights, for example, fragments or samplings of images or registered designs by others, applicants must obtain clearances or licence from such intellectual property rights owners and provide a document supporting the authorised use of the concerned materials.
   
   
3. Applicants should warrant that they are the sole owners / co-owners of the Intellectual Property Rights of the Proposals and related exhibits, and agree to grant and / or procure the grant (if Intellectual Property Rights of co-owner(s) or third-party are involved in any components of the entries submitted) of a license in favour of Hong Kong Special Administrative Region Government (represented by vA!) and its authorised users, assigns and successors-in-title to use or exercise any Intellectual Property Rights subsisting in the proposals for adjudication, documentation, education, research, publication and publicity purposes.
   
   
4. vA! reserves the right to reject any proposals suspected of plagiarism, copying the work of others, or infringing upon intellectual property rights.
   
   
5. By submitting the Proposals, applicants agree to abide by the Intellectual Property Laws of Hong Kong and the Copyright Ordinance (Cap. 528). Any infringement of the Intellectual Property Rights (Note 1) is the personal legal liability of the applicants concerned.
   
   
6. The Intellectual Property Rights of the artworks created by the commissioned applicants during the Programme belong to the commissioned applicant.
   
   
7. Submitted materials from the selected applicant(s), such as texts, drawings and images of the proposed exhibits, will be provided free of charge to the Leisure and Cultural Services Department and vA! for use in documentation, education, research, publication and promotional activities.

16. Handling of the Submitted Materials

Submitted materials will not be returned. Preservation or disposal of these materials is at the discretion of vA!.


17. Personal Data

1. The personal data provided by the applicants are mainly for the purpose of carrying out the Programme.
   
   
2. By submitting the Proposal, applicants agree that the personal data provided will be kept and used by vA! for this Programme, and commission agreements (if any), and for correspondence and promotion of other future art programmes by vA!.
   
   
3. Applicants have the right to request access to and the correction of personal data as stated in the Application Form in accordance with Sections 18, 22 and Principle 6 of Schedule 1 to the Personal Data (Privacy) Ordinance. Requests can be addressed to vA!, 7A Kennedy Road, Central, Hong Kong.