TERMS AND CONDITIONS
ART PROJECTS INTERNATIONAL (“ArtProjects”) seeks to engage its audience by presenting and promoting new forms of expression and works of art, and we welcome you to use our website at: artprojects.com (the “Site”). BY ACCESSING, BROWSING OR USING THE SITE, INCLUDING VIEWING ANY IMAGE, TEXT, PHOTOGRAPH, AUDIO-VISUAL OR OTHER WORK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, kindly exit immediately and you are not granted permission to use this Site.
All Content is Protected by Copyrights and Applicable Laws
You acknowledge and understand that all images, texts, marks, data, software, and all other materials contained in this Site (collectively, “Content”) are protected by copyright laws and other domestic and international intellectual property laws. All rights in and to the Content subsist in ArtProjects and/or certain third parties. ArtProjects retains all rights in and to its Content and strictly prohibits the copying, reproduction, altering, modification, creation of derivative work, public display, public performance, distribution, transmission, transfer, sale, or other use, without the written authorization from ArtProjects. You agree not to remove or alter any Content, copyright notice or any other proprietary materials on the Site.
Licenses and Permissions upon Request
Unauthorized reproduction, distribution, publication or other exploitation of the Content is specifically prohibited. Prior written permission to use any image, text or other Content, for publication or any purpose, other than fair use (as described below), is required and may be granted by ArtProjects, on a case-by-case basis. Requests for a license or permission should be made to Art Projects International at: firstname.lastname@example.org. You acknowledge and understand that certain works of art, including photographs of such works, are protected by copyright, trademark and related rights, may be owned by third parties in addition to or other than ArtProjects; and the responsibility for securing any such rights remains with you. ArtProjects shall have no responsibility to secure such additional necessary rights.
Fair Use is Permitted
Pursuant to applicable intellectual property laws, the use of copyrighted material for limited personal, noncommercial, and educational purposes, without permission, may constitute “fair use” provided that the source of such material is properly cited. You acknowledge and agree that any download, print, or other use of Content from the ArtProjects Site, without permission, shall be limited to solely lawful and valid fair use purposes, and will not violate ArtProjects’ or any third-party’s proprietary rights. You further agree to cite and give appropriate credit to the author(s) and source(s) of such Content as you would for material from any printed work. Please note that the citation should include our URL: www.artprojects.com and #artprojectsny, in addition to applicable artist attribution, copyright and other proprietary notices contained on or concerning the materials.
The trademarks, trade names, logo designs and service marks (collectively, the “Marks”) displayed on this Site, including, without limitation, the Marks “ART PROJECTS INTERNATIONAL” and “API” are registered with the United States Patent and Trademark Office. In addition, other Marks displayed on this Site may be registered and/or the property of third-party owners. You acknowledge and understand that nothing contained in this Site grants you the right or license to use any of the Marks displayed on the Site without the written permission of owner(s) of their respective Marks. Any misuse of a Mark displayed on the Site, including alteration of any kind or out-of-context use, is strictly prohibited.
ArtProjects is committed to making its Site accessible to all people, including individuals with disabilities. We are continually updating our Site, artprojects.com, so that it complies with best practices and standards, including, without limitation, Section 508 of the U.S. Rehabilitation Act and Level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.0. The purposes of these guidelines are to make web content more accessible for all people, including those with disabilities. If you have accessibility concerns or require additional assistance, please contact us at: +1 212.343.2599 or email@example.com.
If you believe that any Content or posting on the Site violates your intellectual property or other rights, please send a comprehensive message to firstname.lastname@example.org setting forth: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address and telephone contact numbers; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making any complaint, including the specific Content and location thereof that is objectionable; and (d) the following sworn statement: “The assertions, representations, and statement made in this message are accurate, complete, and true under penalties of perjury, and I have the full legal authority to make each and every such assertion, representation and statement, and be granted the demand made in this message.”
ArtProjects, its employees, contractors, officers and directors, and licensors are not responsible for and do not guarantee the accuracy or completeness of any Content, materials, links, or other items contained within the Site. ArtProjects reserves the right to immediately remove any Content or other materials for any reason or for no reason. ArtProjects cannot and does not review all communications made via the Site, and may review, make changes to, or remove any Content or other materials made available, without notice and in its sole discretion. The Site, Content and other materials are made available “as is”. Use of the Site is entirely at your own risk. ArtProjects and its employees, contractors, officers and directors, and licensors make no representations or warranties, and disclaim all representations and warranties with respect to the Site, Content, information and other materials on or made available through the Site.
ArtProjects and its employees, contractors, officers and directors, or licensors shall not be liable for any direct, indirect, incidental, consequential, punitive or other damages of any kind whatsoever, including lost revenues or lost profits, which may result from the use of, access to, or inability to use the Site, Content, information and other materials on or made available through the Site, regardless of legal theory, whether or not you or ArtProjects had been advised of the possibility of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstance will the total liability of ArtProjects and its employees, contractors, officers and directors, and licensors, or any other person or entity in connection with the Site, the Content or materials on or made available through the Site exceed the price paid for use of the Site. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so, in such case, the above limitation or exclusion might not apply. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of ArtProjects and its employees, contractors, officers and directors, and licensors shall not exceed One Dollar ($1.00). If you are dissatisfied with the Site, or with any of these Terms and Conditions, or feel ArtProjects has breached any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify ArtProjects and its members, managers, directors, officers, employees, agents, contractors and licensors (“ArtProjects Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or in connection with the Site, Content and other materials therein, and your use of the Site or services obtained through the Site, and your violation of law, negligence, fraud, misconduct, or any other use of the Site, the Content or other materials on or made available through the Site, or any breach by you of these Terms and Conditions; and you agree to indemnify and hold ArtProjects Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with such Claims.
Changes to these Terms
ArtProjects reserves the right to alter, modify or update these Terms and Conditions, at any time and without notice. Your use of the Site following any change means that you agree to follow and be bound by the Terms and Conditions as changed. Any change to these Terms and Conditions shall be effective to visitors who visited the Site prior to any such change.
Governing Law and Jurisdiction
These Terms and Conditions represent the entire agreement between you and ArtProjects with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and are governed by and shall be construed in accordance with the laws of the State of New York, without reference to any conflict of law rules. By accessing, browsing, or using the Site, including viewing any Content or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of New York; (b) accept service of process; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.