Terms of Use

Welcome to LA-Artist.com (the “Site”).  This Site supports the ArtCard project, which enables users to submit to the Site a postcard containing artwork (the “Service”).  This Site and Service are operated by LA-Artist (“LA-Artist”).

1. BINDING AGREEMENT

THIS IS A BINDING AGREEMENT, GOVERNING USE OF THE SITE AND SERVICE.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING this Site or Service.  By using this Site or the Service, you acknowledge that you have read these Terms of Use and agree to be bound by these Terms of Use, irrevocably and in perpetuity.  LA-Artist reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time.  Please check these terms periodically for changes.  LA-Artist will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Service and the Site.  Your continued use of this Site or the Service signifies that you agree to be bound by these Terms of Use as they are amended.

 2. CONTENT 

A. For Artists Who Mail In ArtCards

When you mail in your ArtCard to LA-Artist, you are agreeing to the following:

–       By mailing in your ArtCard to LA-Artist, you grant LA-Artist an irrevocable, perpetual, non-exclusive, fully paid, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exercise all copyright and publicity rights with respect to the ArtCard at LA-Artist’s sole discretion, including storing it on LA-Artist servers and incorporating it into LA-Artist merchandise, published books, and exhibitions in galleries and museums and using or reproducing it in all media formats now existing or existing in the future.

–       By mailing your ArtCard to LA-Artist, you agree to make the ArtCard available on the Site according to the terms of a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License Based on a Work at LA-Artist.com.  The full terms of this license can be found at http://creativecommons.org/licenses/by-nc-sa/3.0/us/. IN OTHER WORDS, WHEN YOU MAIL IN YOUR ARTCARD, YOU ARE AGREEING TO GIVE VISITORS TO THE SITE PERMISSION TO DOWNLOAD, SHARE, REMIX, AND ADAPT YOUR ARTCARD FOR NON-COMMERCIAL PURPOSES.

you will not be compensated for THE USES SET FORTH ABOVE.  HOWEVER, You retain THE copyright and any other intellectual property rights in your artwork.

If you do not wish to grant LA-Artist or its visitors the rights described above, please do not mail in your ArtCard.

LA-Artist reserves the right to select submissions and to remove content from the Site at any time at its sole discretion.

By mailing in your ArtCard, you warrant and represent that you own the rights to such content or are otherwise authorized to post, distribute, display, perform, transmit, license or otherwise utilize such content.

B. For Visitors To the Site Who Submit Comments

When you provide information in a comment box on the Site, you grant LA-Artist a perpetual, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and otherwise exercise all copyright and publicity rights with respect to the comment at LA-Artist’s sole discretion, including storing it on LA-Artist servers and incorporating it into LA-Artist merchandise, published books, and exhibitions in galleries and museums.   You retain all copyright in your comments.

C. For All Visitors To the Site

Some ArtCards on the site may be licensed under a Creative Commons License.  For such cards, you are granted a license to use the ArtCards on the Site according to the terms of the applicable Creative Commons License, a link to which will be provided on or near the ArtCard.

LA-Artist requests, but the Creative Commons License does not require, that you acknowledge LA-Artist ArtCard Project as the source of the material.

The grant of this limited license is conditional upon your agreement to and compliance with all these Terms of Use.  Any use of any of the materials other than according to the terms of a Creative Commons License, if applicable, on this website including reproduction (for any purposes other than those noted above), incorporation into merchandise, or republishing in books, without the prior written permission of “LA-Artist” or the owner of the copyright the ArtCard is strictly prohibited.

 3. PRIVACY POLICY

LA-Artist respects your privacy and permits you to control the treatment of your personal information.  LA-Artist maintains a Privacy Policy that describes the type of information that LA-Artist collects from users of the Site and Service and how that information is used.  LA-Artist’s current privacy policy can be found at LA-Artist.com/privacy-policy.  LA-Artist’s privacy policy is expressly incorporated into this Agreement by this reference.

 4. INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content on your ArtCard, in your posts on the Site, or in your use of card images under the Creative Commons License that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  LA-Artist reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers.  LA-Artist intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 5. COPYRIGHT INFRINGEMENT

LA-Artist has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.  LA-Artist has adopted a policy that provides for the immediate suspension and/or termination of any user of the Site or the Service who is found to have infringed on the rights of LA-Artist or of a third party, or otherwise violated any intellectual property laws or regulations.  LA-Artist’s policy is to investigate any allegations of copyright infringement brought to its attention.  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want LA-Artist to delete, edit, or disable the material in question, you must provide LA-Artist with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LA-Artist to locate the material; (d) information reasonably sufficient to permit LA-Artist to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  For this notification to be effective, you must provide it to LA-Artist’s designated copyright agent at:

Oliver Shipley

LA-Artist

727 N. La Fayette Park Place #2
Los Angeles, CA 90026

(310) 415-9038

oliver (at) la-artist.com

6. ALLEGED VIOLATIONS

LA-Artist reserves the right at its discretion at any time and for any reason to terminate your use of the Service and/or the Site.  To ensure that LA-Artist provides a high quality experience for you and for other users of the Site and the Service, you agree that LA-Artist or its representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigated complaints or allegations of abuse, infringement of third party rights, or other unauthorized users of the Site or the Service.  LA-Artist reserves the right to terminate your registration or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished LA-Artist with false or misleading information, or interfered with use of the Site or the Service by others.

 7. NO WARRANTIES

LA-Artist hereby disclaims all warranties.  LA-Artist is making the Site available “as is” without warranty of any kind.  You assume the risk of any and all damage or loss from use of, or inability to use, the Site or the Service.  To the maximum extent permitted by law, LA-Artist expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.  LA-Artist does not warrant that the Site or the Service will meet your requirements or that the operation of the Site or the Service will be uninterrupted or error-free.  Your sole remedy for any dissatisfaction with the Site or Service is to refrain from using the Site or Service.

8. LIMITED LIABILITY

LA-ARTIST’S LIABILITY TO YOU IS LIMITED.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LA-ARTIST BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

9. INDEMNITY

You agree to defend, indemnify and hold harmless LA-Artist and its directors, officers, employees, consultants, representatives, and agents from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of: your use of the website; any material you submit, post, upload, email or otherwise transmit using the site; any material you submit to the Service; or your violation, breach or alleged violation or breach of these Terms of Use.

10. GOVERNING LAW

Those who choose to access this Site or use the Service do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws.  These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  Any dispute under these terms shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA, and, by using this Site or the Service, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

11. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.