TERMS

Terms of use

Art for Black Lives (“Art for Black Lives”) provides this website (artforblacklives.org), our online store, and our social media properties, including all data, information and compilations on any of the foregoing (collectively referred to as the “Art for Black Lives website”) in support of its charitable mission to support the Black Trans Community with art. By accessing the Art for Black Lives website or engaging in any transaction on the Art for Black Lives website, you agree to be bound by the terms and conditions of these Terms of Use (“this Agreement”) without limitation or qualification. If you do not wish to be bound by this Agreement, do not access the Art for Black Lives website and do not submit any information to the Art for Black Lives website.

All Sales are Final 

All sales are final. In the rare instance that your order is damaged in transit or you receive the incorrect print, please be sure to retain the original packaging your item was shipped in and contact us at [email protected] within 7 days of the delivery date. For damaged orders, please include photos of the damaged item itself and the packaging. Dinged corners and/or dents to the outer packaging are clear signals of carrier mishandling and will help us when filing a claim. All damaged prints must be returned before we are able to ship a replacement.

All Content Is Protected by Copyright Laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Art for Black Lives website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Art for Black Lives retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Art for Black Lives. Art for Black Lives expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair Use Is Permitted

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from Art for Black Lives’s website for such fair uses are welcome to do so without any additional permission from Art for Black Lives. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “artforphiladelphia.com” By downloading, printing, or otherwise using text, audio, video, image and other files from the Art for Black Lives website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Art for Black Lives’ or any other party’s proprietary rights.

Commercial Use

Commercial use of any content obtained from the Art for Black Lives website is prohibited. Unauthorized downloading, publication or exploitation of text, audio, video, image and other files from the Art for Black Lives website for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission. All requests to reproduce works of art from Art for Black Lives’s collection should be addressed directly to Art for Black Lives.

Reservation of Rights

All rights not expressly granted by Art for Black Lives herein are specifically and completely reserved. Nothing on the Art for Black Lives website or in this Agreement grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Art for Black Lives has authority to grant any right or license on behalf of any third party.

Unrestricted Forums

Art for Black Lives at times may provide unrestricted forums on the Art for Black Lives website for the exchange of ideas and information by participants. Art for Black Lives does not monitor, edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Art for Black Lives website that you do not own, Art for Black Lives requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Art for Black Lives website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.

Digital Millennium Copyright Agent

Art for Black Lives respects the intellectual property of others, and asks users of the Art for Black Lives website to do the same. Art for Black Lives may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Art for Black Lives website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Art for Black Lives’s Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Art for Black Lives website including the URL to the page where the work is posted
  • your address, telephone number, and email address
  • a statement by you 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

The organizations agent for notice of claims of copyright infringement can be reached as follows:

By email: [email protected]

Warranty and Indemnification

By using the Art for Black Lives website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold harmless Art for Black Lives, its affiliates, trustees, directors, officers, employees, and agents from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Art for Black Lives website.

Disclaimer of Warranties

ART FOR BLACK LIVES PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. Art for Black Lives DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. ART FOR BLACK LIVES DOES NOT WARRANT THAT THE ART FOR BLACK LIVES WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Art for Black Lives MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE Art for Black Lives WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. Art for Black Lives ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE ART FOR BLACK LIVES WEBSITE.

Limitation of Liability

ART FOR BLACK LIVES, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE ART FOR BLACK LIVES WEBSITE.

Severance and Waiver

You acknowledge and agree that in the event any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed to as near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from this Agreement. Art for Black Lives’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless agreed to in writing by Art for Black Lives.

 

Entire Agreement

This Agreement is the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Third Parties

Please be aware that our site may contain links to other sites hosted by third parties. Different rules may apply to third-party websites’ collection, use, or disclosure of your personal information. We encourage you to review other websites’ policies before revealing any personally identifiable or sensitive information. Art for Black Lives does not control, and is thus not responsible for, the content or privacy practices and policies of such other sites and under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the Art for Black Lives website.

Protection of Privacy

Art for Black Lives is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Art for Black Lives website is governed by this Agreement. Please note that the Art for Black Lives website is not specifically dedicated to children and Art for Black Lives does not actively solicit information from children. Children under the age of 16 are required to obtain permission from an adult before submitting information to the Art for Black Lives website.

Data Protection Officer

Send your questions, comments, or concerns about our privacy policy or any other aspect of our website to our data protection officer at [email protected]