Terms of Service
ANY ACCESS TO AND USE OF ARTPRIZE.ORG, INCLUDING ANY SERVICES, CONTENT, OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE “SITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE “TERMS”). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. THESE TERMS MAY CHANGE FROM TIME TO TIME IN ARTPRIZE’S SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
General Site Use
Copyright and Trademark
The Site design, text and graphics, and the selection and arrangement of such elements, are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of ArtPrize Grand Rapids (“ArtPrize”). You may use the Site and the Content (defined below) only for your information and personal use. You may not download, copy, or print Content or any pages from the Site. The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, ArtPrize does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Links to Other Materials
Some linked sites are not under the control of ArtPrize and ArtPrize is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. ArtPrize reserves the right to terminate any link or linking program at any time. ArtPrize provides such links only as a convenience to you. ArtPrize has not endorsed, tested, or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
ArtPrize operates this Site from its office within the United States. ArtPrize makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
Artists may submit various content, including, without limitation, text, photographs, and other artistic works (collectively “Content”) to the Site. ArtPrize may, but is not obligated to, monitor, exercise control over, or review, evaluate, or assess any Content. ArtPrize will have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available through the Site. Some Content may be of an adult nature. Some Content may be graphic, violent, pornographic, or otherwise objectionable. If you find any Content to be objectionable, other than in instances of alleged copyright infringement (addressed below), your sole remedy is to discontinue access and use of the Site.
By commenting, you agree to the following:
- Keep comments relevant: Any comment that appears to be off-topic will be hidden or deleted.
- Use your real name: We prefer that you use your real name. If you have something constructive to say, using your real name provides credibility.
- Include only relevant external links in comments: External links are okay if they are relevant to the profile or discussion. Spam of any sort will not be tolerated.
- Refrain from profanity: We’re rated G here. Moderate language is allowed, but we reserve the right to remove a comment that is offensive.
- Refrain from personal attacks: Personal attacks on Venus, Artists, or other commentators will result in an immediate ban from commenting.
- Administrator’s right: While we encourage comments that challenge or offer constructive criticism, we reserve the right to hide or remove any post, for any reason.
- Group moderation: The public, as a whole, is given the option to flag comments as inappropriate. If the number of inappropriate flags surpasses the site limit, then the comment will be hidden from view.
We appreciate our site visitors and thank you for adding to the discussion. We hope the guidelines above will help you to add value to ArtPrize, find value in the comments of others, and continue enjoying the site.
Artists Work for Sale
The “Artist Work for Sale” link (the “Sales Link”) on this website is an optional communication tool that allows the Artist to inform the users of this site that his/her Work is for sale and you to contact the Artist to inquire about purchasing an Artist’s Work(s). If you elect to use the Sales Link, the e-mail address that you used to create your artprize.org account will be shared with the Artist to facilitate communications. All communications regarding the sale of an Artist’s Work, including price, payment, and delivery terms, are solely between you and the Artist. ARTPRIZE IS NOT (i) INVOLVED IN ANY WAY WITH RESPECT TO THE NEGOTIATION OR AGREEMENT OF SALES TERMS, OR (ii) RESPONSIBLE FOR THE CONDUCT OF ANY ARTIST.
ARTPRIZE AND ITS RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES (“AFFILIATES”) ARE NOT PARTIES TO, HAVE NO INVOLVEMENT WITH OR INTEREST IN, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO, AND HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RELATING TO OR ARISING FROM THE ARTPRIZE EVENT, INCLUDING ANY AGREEMENTS, COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES, OR ANY RELATIONS WHATSOEVER BETWEEN YOU, ANY POTENTIAL BUYERS, VENUES, OR ANY OTHER PERSON OR ORGANIZATION. THE ARTIST FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ARTPRIZE AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, ACTIONS, LOSSES, AND EXPENSES, INCLUDING ATTORNEY FEES, RELATING TO OR ARISING OUT OF ANY CLAIM OR DEMAND OF ANY KIND OR NATURE WHICH ANY PERSON OR PARTY MAY MAKE AGAINST ARTPRIZE OR ITS AFFILIATES BASED UPON OR ARISING OUT OF THE CONTENT OF THE ARTPRIZE WEBSITE, INCLUDING THE SALES LINK, THE ARTPRIZE EVENT, OR ANY OTHER CLAIM OR DEMAND RELATING TO ARTPRIZE.
Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
- Your name, mailing address, telephone number, and e-mail address.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or e-mail as set forth below:
ArtPrize Grand Rapids Designated Copyright Agent
41 Sheldon Blvd SE
Grand Rapids, Michigan 49503
Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.
If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.