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© 2019 - 2020 by Bay Arts Alliance, Inc.  All rights reserved.

Bay Arts Alliance is a nonprofit 501(c)(3) tax-exempt charitable organization  |  EIN 59-1850105

BAY ARTS WEBSITE

TERMS OF USE

Use of Content from this Website

 

Bay Arts Alliance (“Bay Arts”) provides the content on this website (www.bayarts.org), other Bay Arts Websites, and third-party sites on which it maintains a presence in support of its mission to “foster a lifelong appreciation of the Arts.” Bay Arts invites visitors to use its online content for personal, educational and other non-commercial purposes. By using Bay Arts Websites, you accept and agree to abide by the following terms.

 

Intellectual Property Rights in Content

Bay Arts Alliance is the owners of the compilation of content that is posted on Bay Arts Websites, which consists of text, images, audio, video, databases, design, codes and software (“Content”). However, Bay Arts do not necessarily own each component of the compilation. The Content that Bay Arts makes available on Bay Arts Websites may be owned by Bay Arts, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

 

Bay Arts Content is identified as having “no known copyright restrictions” when Bay Arts is unaware of any copyright restrictions on its use. This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of Bay County as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) Bay Arts records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.

 

Bay Arts endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, Bay Arts can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. 

 

If you have specific questions or information about Content on the Bay Arts Websites, please contact the appropriate organization that is associated with the Content.

 

Permitted Uses

 

Bay Arts welcomes you to make fair use of the Content as defined by copyright law. Information on United States copyright fair use law is available from the United States Copyright Office: http://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

 

In addition, Bay Arts allows personal, educational, and other non-commercial uses of the Content on the following terms:

  • You must cite the author and source of the Content as you would material from any printed work.

  • You must also cite and link to, when possible, the Bay Arts Website as the source of the Content.

  • You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.

  • You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

 

For commonly asked questions about the use of Bay Arts content, see the FAQs below.

 

Unauthorized Uses Require Prior Written Permission

 

You may not use the Content for commercial purposes. This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from the Bay Arts (or other owner of the Content as applicable).

 

Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to Bay Arts Executive Director.

 

Trademarks

Many of the names, titles, trademarks, service marks, and logos that appear on Bay Arts Websites are registered or common law (unregistered) marks of the Bay Arts. With the exception of fair use, you may not use the Bay Arts trademarks without prior written permission.

 

Trademarks of third parties may also appear on the Bay Arts Websites from time to time. You agree that nothing on the Bay Arts Websites shall be construed as granting any license to use any Trademark displayed on the Bay Arts Websites without the express written permission of the owner of the trademark.

 

Copyright Complaints

If you have any complaints or objections to Content posted on the Bay Arts Websites because it was not properly credited or it was posted without permission and you are the copyright owner, please contact the Executive Director, with your contact information and a link to the relevant Content.

 

Links to Third Party Sites

Bay Arts may link to third party sites which are not under the control of Bay Arts. These links are provided as a convenience and for informational purposes only, and they do not indicate the Bay Arts' endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. Bay Arts has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.

 

Links FROM Third Party Sites

Linking is an important feature that facilitates searching and making connections among Websites. If you link to the Bay Arts Websites, you agree to present the link in a manner that does not give the impression that the Bay Arts endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.

 

Disclaimer

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. Bay Arts shall not be responsible or liable for any damage that may occur due to your use of Bay Arts Websites or downloading any Content from Bay Arts Websites.

 

Reservation of Rights

Bay Arts reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of the Bay Arts to enforce any of these terms shall not constitute a waiver of such terms.

 

Warranty and Indemnity

By using the Bay Arts Websites, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold Bay Arts harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of Bay Arts Websites.

 

Applicable Law and Jurisdiction

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the state of Florida, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.

 

Privacy

By using Bay Arts Websites, you agree that Bay Arts may collect, use and disclose information that you provide as described in the Privacy Policy, at www.bayarts.org/privacy.

 

Frequently Asked Questions and Answers

May I put Bay Arts Content on my personal website, blog or my Facebook® (or other social networking) page?

 

Yes, so long as you:

  • Identify the author and source of the Content;

  • Do not remove any copyright, trademark, or other notices that are placed in or near the Content you use;

  • Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and

  • Comply with any other terms or restrictions that may be applicable to the Content.

 

Is it an unauthorized use if the host of my website or blog adds advertising to my website or blog?

If that is the only commercial aspect of your website or blog, you may post the Content on that site consistent with these Terms of Use.

 

I love Bay Arts logos! May I use them on my website?

No. You may not use the Bay Arts logo or other trademarks without the Bay Arts' prior written permission.

 

But what if I want use the Bay Arts logos as a link to the Bay Arts website?

Even so, you need the Bay Arts' prior written permission to use its logo or other trademarks for any purpose (other than fair use as defined by trademark law). For linking, please use a text link, not the logo.

 

May I use Bay Arts Content on t-shirts that I plan to sell?

No, this would be a commercial use. If you wish to make a commercial use, you must obtain prior written permission. Contact our Executive Director.

 

If I find Bay Arts Content on a website such as the Flickr Commons and the Content is described as having “no known copyright restriction,” how may I use the Content?

The phrase “no known copyright restriction” means that Bay Arts has determined, to the best of its ability based on available information, that the Content is unlikely to be protected by copyright interests and, in all likelihood, is in the public domain. However, copyright is often difficult to determine with certainty, so the phrase is intended to say that Bay Arts is unaware of any copyright restriction, but such restrictions may still exist. In addition, even if the Content is unrestricted from a copyright standpoint, there may be other considerations that would limit your use, such as rights of privacy or publicity of the individuals featured in the images, or contractual restrictions. For these reasons, Bay Arts makes its content available for personal and non-commercial educational uses consistent with the principles of fair use. If you decide to use the Content for commercial or other purposes without undertaking to clear all rights, you will be responsible if someone else owns the rights and the owner objects to your use.

 

How may I use Bay Arts Content in my research paper or other class work?

You may quote, describe, or include a copy of Bay Arts Content so long as you:

  • Identify the author and source of the Content as you would material from any printed work;

  • Identify the relevant Bay Arts Website as the source of the Content;

  •  Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data that you use; and

  •  Comply with any other terms or restrictions that may be applicable to the Content.