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
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.
4. INAPPROPRIATE CONTENT
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:
727 N. La Fayette Park Place #2
Los Angeles, CA 90026
oliver (at) la-artist.com
6. ALLEGED VIOLATIONS
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.
10. GOVERNING LAW
11. SEVERABILITY; WAIVER