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TERMS AND CONDITIONS

Use of Content from this Website

International Arts (“IA”) invites visitors to use its online content for personal, educational and other non-commercial purposes only.  By using the IA Website, you accept and agree to abide by the following terms set forth in the Agreement and all applicable laws. 

INTELLECTUAL PROPERTY RIGHTS IN CONTENT

The International Arts is the owner of the compilation of content that is posted on the IA Website, which consists of text, images, databases, design, codes and software (“Content”).   However, the International Arts does not necessarily own each component of the compilation.  The  Content that the International Arts makes available on the IA Website  may be owned by  the International Arts,  owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law.  Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

International Arts Content is identified as having “no known copyright restrictions” when the International Arts is unaware of any copyright restrictions on its use.  This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States or another entity as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) International Arts records do not indicate any evidence of copyright restrictions.  These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.

The International Arts endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, the International Arts can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance.  It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission.  If you have specific questions or information about Content on the IA Website, please contact International Arts or program that is associated with the Content.

PERMITTED USES

The International Arts welcomes you to make fair use of the Content as defined by copyright law.  Information United States copyright fair use law is available from the United States Copyright Office:   http://www.copyright.gov/fls/fl102.html .  Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

In addition, the International Arts allows personal, educational, and other non-commercial uses of the Content on the following terms:

1. You must cite the author, the name of the catalogue and source of the Content as you would material from any printed work.

2. You must also cite and link to, when possible, the IA Website as the source of the Content. A shorthand reference to a particular print should include its title, the artist's name, and, in parentheses, the catalogue raisonné author's last name with the catalogue raisonné number for that print: for example, Fruit Forms by Albert Heckman (Czestochowski AAA 1940.028).

3. You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.

4. You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

5. Images may not be copied, reproduced, stored or manipulated under any circumstances.

For commonly asked questions about use of International Arts content, see FAQs below.

UNAUTHORIZED USES REQUIRE PRIOR WRITTEN PERMISSION

You may not use the Content for commercial purposes.  This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services.   If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from the International Arts (or other owner of the Content as applicable).

Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to International Arts or program that is associated with the Content you wish to use.  Contact information is provided on the website.

TRADEMARKS

Trademarks of third parties may also appear on the IA Website from time to time.  You agree that nothing on the IA Website shall be construed as granting any license to use any Trademark displayed on the IA Website without the express written permission of the owner of the trademark

COPYRIGHT COMPLAINTS

If you have any complaints or objections to Content posted on the IA Website because it was not properly credited or it was posted without permission and you are the copyright owner, please contact the Office of General Counsel, mailto:counsel@interarts.org, with your contact information and a link to the relevant Content.

LINKS TO THIRD PARTY SITES

The International Arts may link to third party sites which are not under the control of the International Arts.  These links are provided as a convenience and for informational purposes only, and they do not indicate the International Arts’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted.  The International Arts has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.

LINKS FROM THIRD PARTY SITES

Linking is an important feature that facilitates searching and making connections among websites.  If you link to the IA Website, you agree to present the link in a manner that does not give the impression that the International Arts endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.

DISCLAIMER

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement.  The International Arts shall not be responsible or liable for any damage that may occur due to your use of IA Website or downloading any Content from the IA Website.

RESERVATION OF RIGHTS

The International Arts reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting.  Please check back regularly for updates.  Failure of the International Arts to enforce any of these terms shall not constitute a waiver of such terms.

WARRANTY AND INDEMNITY

By using the IA Website, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold International Arts, its officers, employees and other agents harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the IA Website.

APPLICABLE LAW AND JURISDICTION

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of Tennessee and of Shelby County, without regard to its conflict of laws principles, to which jurisdiction and venue (Shelby County, Tennessee) you expressly agree to. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.

PRIVACY

By using the IA Website, you agree that the International Arts does collect and record information that you provide. We do not disclose personal information to any third party.

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