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.
|