TERMS AND CONDITIONS
The Kentler International Drawing Space (“Kentler”) administers this website (www.kentlergallery.org). By accessing the domain located at www.kentlergallery.org and its subdomains, including websites accessed through your mobile devises (collectively, “Kentler Website” or “Website”) in any manner, users (herein, “User”, “Users”, “You”, or “Your”) represent and warrant that (i) You are at least eighteen (18) years of age or (ii) You are over the age of thirteen (13) and have obtained the consent of, and are being supervised by, a legal guardian while accessing the Website. For the avoidance of doubt, individuals thirtten (13) and younger are not permitted to access this Website.
In plain English: You are the User. Basically, to continue using our awesome Kentler Website, you have to play by these rules.
You can’t use our (Kentler’s) or any of our artists’ or contributors’ trademarks without express permission.
Certain of the names, titles, trademarks, service marks, and logos that appear on the Kentler Website are registered and/or unregistered marks of Kentler (collectively, “Kentler Trademarks” or “Trademarks”). You may not use the Kentler Trademarks without Kentler’s prior written consent. The trademarks of third parties may also appear on the Kentler Website. It is strictly prohibited to use any such visible trademarks (whether owned by Kentler and/or a third party) without prior written consent of their respective owners. For the avoidance of doubt, nothing on the Kentler Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use and/or authorize use of any of the Kentler Trademarks and/or the third party trademarks which appear on the Website.
Everything you see on the website is, at the very least, protected by copyright laws. We want our artists to continue to make great art, so please don’t copy this protected material.
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Kentler Website (collectively, “Materials”) are protected by copyright laws, including, but not limited to the Copyright Act (United States Code, Title 17). Kentler retains any and all rights it may hold, including copyright and other proprietary rights, in the Materials. Copyrights and other proprietary rights in the Materials may also be held by individuals and entities other than, and in addition to, Kentler. Kentler expressly prohibits the copying of any and all such protected Materials (whether owned by Kentler and/or a third party) on the Website, except as permitted under United States Code, Title 17 and as further described herein.
You can use some of this protected art in very limited circumstances, such as teaching
Certain uses of the Materials are permitted under 17 U.S.C., including but are not limited to, the use of protected Materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Users who wish to download or print text, audio, video, image and other files from Kentler’s Website for such authorized uses are welcome to do so without Kentler’s (and/or the third party owner’s) express permission unless otherwise noted. In accordance with scholarly practice, any such authorized use of Materials in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.kentlergallery.org”. By downloading, printing, or otherwise using Materials from the Kentler Website, You agree that You will not violate the intellectual property rights, including but not limited to trademarks and copyrights, of Kentler and/or any third party.
You DEFINITELY cannot use this protected art to make money.
Any and all unauthorized downloading, publication, or exploitation of the Materials on the Website for commercial purposes is specifically prohibited. If You wish to use any of these Materials for commercial use, publication, or any purpose other those permitted by United States Code, Title 17, You must request and receive prior permission from the rightful owner. Contact BLANK with requests to reproduce works of art from Kentler’s collection, who may either authorize use at its sole discretion and/or direct You to the rightful third party owner, who may do the same.
If you are an artist who believes someone has copied your art without your permission, please let us know and we will take appropriate action.
If you are User who is copying art without permission, stop! We will use our discretion to disable your access to the Website.
DIGITAL MILLENNIUM COPYRIGHT AGENT
Kentler, in its sole discretion, may disable and/or terminate access to the Kentler Website of Users who repeatedly infringe copyrights (whether owned by Kentler and/or a third party). If any artist or contributor believes that his/her work has been unlawfully used by a third party who is responsible for such unlawful use to the Kentler Website, please email the following information to Kentler at EMAIL ADDRESS
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that the artist/contributor claims has been infringed;
3. a description of where the material claimed is infringing is located on the Kentler Website;
4. the artist/contributor’s address, telephone number, and email address;
5. a statement by the artist/contributor that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by the artist/contributor, made under penalty of perjury, that the above information in the notice is accurate and that he/she is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You understand and agree that you will abide by these Terms and Conditions. You will take responsibility for consequences you cause from using the Website.
WARRANTY AND INDEMNIFICATION
By using the Website, You represent and warrant that Your use will be consistent with these Terms and Conditions. You expressly agree to indemnify, defend, and hold harmless Kentler, its affiliates, trustees, directors, officers, employees, and/or agents from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your unauthorized and/or unlawful use of the Website.
We will try our best to make sure the Website runs smoothly, but we don’t guarantee it always will, which You agree is not our fault.
DISCLAIMER OF WARRANTIES
Kentler disclaims all warranties, whether express or implied, including, but not limited to those related to the operation of the Kentler Website, and/or ownership and validity of its contents. Although Kentler employs its best efforts to do so, Kentler does not warrant that the Website will provide continuous, prompt, secure, or error-free service. Kentler makes reasonable, ongoing efforts to revise and update the Website, but assumes no liability for any errors or omissions , including for any damages or losses that the User or any third party may incur as a result of the unavailability of the Website. Kentler does not assume any responsibility, and shall not be liable for any damages to, or viruses which may affect, the User’s computer as a result of User’s use of the Website.
Again, we aren’t responsible for consequences of Your use of the Website.
LIMITATION OF LIABILITY
Neither Kentler, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including but not limited to any direct, indirect, incidental, compensatory, punitive, special, or consequential damages arising from or related to the User’s use of the Website.
SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court 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 severed and deleted from these Terms and Conditions, and the remaining provisions of which shall remain in full force and effect. Kentler’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Kentler.
This is where we live, so this is also where you will have to come to take us to court.
VENUE AND CHOICE OF LAW
These Terms and Conditions and any amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions shall be brought in Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Just like you, we can’t use protected work without permission, and we definitely can’t give you the right to do the same.
These Terms and Conditions are the complete statement of the agreement between You and Kentler with respect to the subject hereof, and supersede all prior agreements and understandings between said parties with respect to the subject hereof. From time to time, Kentler (in its sole discretion) may revise or modify these Terms and Conditions and Your continued use of the Kentler Website following the same constitutes Your express agreement thereto.
RESERVATION OF RIGHTS
All rights not expressly granted by Kentler herein are specifically and completely reserved. Nothing on the Kentler Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content on the Website (including but not limited to Kentler’s property as described herein as well as certain third party property also described herein), or may be construed to mean that Kentler has authority to grant any right or license on behalf of any third party.