Local Easel Gallery Terms and Conditions of Use
Local Easel, LLC, a Colorado limited liability company (herein referred to as the “Company,” “LocalEasel” “we” or “us”), provides a local artist, artwork and art gallery search engine (the “Services”) through its website at www.localeasel.com (the “Site”). If you are an authorized representative of an art gallery and a registered user of the Site, you have the option of claiming your art gallery in order to create a gallery page that displays images of artwork available at your gallery and to enhance the search results for your gallery on the Site. If you desire to claim yourself as an authorized representative on the Site (claimed and verified gallery representatives are referred to as “Representative” and the art gallery is referred to as “Gallery”), you must agree to these Gallery terms and conditions of use (the “Terms”) by clicking “Accept” to acknowledge your acceptance of these Terms.
Local Easel Services and Registration
You must be a LocalEasel registered user before you can claim yourself as an authorized representative of a Gallery on the Site. In order to claim yourself as an authorized representative you must submit your claim request to LocalEasel through the Site and provide your first and last name, Gallery name, full legal entity name for the Gallery, type of entity and state of incorporation, email address, phone number, physical address of the Gallery, mailing address and website, social media page and/or blog address for the Gallery. You must be at least 18 years old to claim yourself as an authorized representative of a Gallery on the Site. Once you have submitted your claim, a representative of LocalEasel may contact you directly for further information before allowing your claim. You shall not create a user account on behalf of any other person or entity. Each Gallery may only have one account. In the event that the Representative for your Gallery changes, please contact LocalEasel at localeasel to transfer the
Gallery account to a new Representative.
We take commercially reasonable steps to ensure that Gallery claims are verified before allowing the claim. However, if you believe that another person or entity has wrongfully, falsely or fraudulently made a claim to your identity as a Representative or to your Gallery, please contact us at localeasel.
The Company reserves the right, in its sole and exclusive discretion, at any time and from time to time to modify, suspend or terminate any or all of the Services without liability of any kind. Such right includes the right to terminate any Representative’s or Gallery’s rights to use the Site or the Services, any Gallery’s rights as provided herein and to terminate your user account and/or your Representative status in the event of user misconduct or threats or allegations thereof, excessive Site or Services traffic which prevents the normal use of and access to the Site or the Services by others, or any violations of these Terms, as determined by the Company in its sole and exclusive discretion.
Enhanced Gallery Presence
LocalEasel’s search engine searches for and displays when available art gallery names, address, phone number, location and hours of operation. By opting in to have an enhanced Gallery presence on the Site, the Gallery will have its own Gallery page on the Site that is separate from a registered user profile page, the artwork represented by the Gallery may be displayed on the Gallery page and on the Site home page for the Gallery’s local area, a photograph of the Gallery will be displayed on the Gallery’s profile page, and the Gallery’s designated official website will be the preferred website for locating images of artwork for the Gallery. Additionally, the Representative will have control over which images from the Gallery’s Designated Websites (as defined below) are displayed on the Gallery’s page on the Site. In order for the Company to provide an enhanced Gallery presence on the Site, the Gallery and Representative hereby agrees to the following terms.
In order for the Company to be able to provide the Site and show artwork represented by the Gallery on the Site, Gallery hereby grants the Company permission to publicly display images of the artwork identified as represented by the Gallery and any other content submitted to the Site by the Representative on the Site. The Representative shall designate those websites that shall be considered a preferred source for images of the Gallery’s represented artwork (the “Designated Websites”).
The Representative on behalf of the Gallery and the Gallery hereby represent and warrant to the Company that (a) the Gallery is the valid copyright owner of the works selected by the Representative to be displayed on the Gallery page or that the Gallery is a licensee of the copyrights in the artwork selected to be displayed on the Gallery page and that the Gallery is authorized to and within the scope of such license to grant the rights granted to the Company herein (b) the Gallery has all rights, title and interests necessary to grant to the Company the rights granted under these Terms, (c) the granting of such rights to the Company and the Company’s exercise of such rights do not infringe the rights of any third parties, and (d) the grant of rights to the Company under these Terms is not in violation of the terms of any other contract, license or agreement with a third party. The Representative on behalf of the Gallery and the Gallery further represent and warrant that the Gallery is the owner of all rights, title and interests in and to the Designated Websites, including any and all content thereon.
Representative hereby represents and warrants that he or she (a) is authorized to act on behalf of the Gallery including to enter into these Terms on behalf of the Gallery, and (b) has fully read these Terms and has the has the requisite knowledge of the Gallery’s rights and agreements with its artists and is versed in copyright law to understand and consent to the Gallery’s grant of rights herein.
Gallery hereby grants the Company permission to use and reproduce the Gallery’s name in order to identify the Gallery on the Site.
As a registered user you have the ability to share links to your favorite artists and artwork. Your registered user profile page and visual collection are separate from your Gallery page on the Site. Gallery pages are not private and can be viewed by everyone on your local version of the Site. Your Gallery name, location, street address, phone number, and hours of operation, if available, are displayed on the Gallery page and available to everyone. You shall only share links to images and identify artwork on your Gallery page that is artwork you currently represent in your Gallery. You may not share links to other artist’s work on your Gallery page.
User Conduct and Obligations
The Site is intended to be used as a search engine for finding local artists, artwork and art galleries and for sharing artwork, artist and art gallery information with other users in your local area. Your Gallery page is a place for you to display and share the artwork represented by your Gallery with other users in your local area. You agree to use the Site and Services only for lawful purposes and agree to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using this Site. Furthermore, you agree to the following:
- A. you shall not use the Services to transmit any content that is: unlawful, abusive, threatening, harmful, obscene, lewd, defamatory, or pornographic;
- B. you shall not copy, reproduce, display, distribute, sell, make derivative works of, transmit, modify, translate, publish, broadcast, or perform any content available on the Site or through the Services in any manner whatsoever including by means of electronic, digital, film or printed methods without specific written authorization from the copyright owner of the content;
- C. you shall not engage in activity that may disseminate any computer viruses or other programs, files or code designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware or telecommunications equipment;
- D. you shall not disrupt or place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, the Services, or any supporting computer systems, servers or networks;
- E. you shall not sell access to or the use of the Services or exploit the Site or Services for commercial gain and you shall not conduct any transactions through the Site;
- F. You shall not delete or alter any copyright or other notice placed on any of the Site content.
- G. you shall not impersonate any other person or misrepresent to the Company or any other user your true legal identity; you shall not use the Services in a fraudulent, deceitful or deceptive manner.
You may report violations of these Terms by contacting the Company at localeasel
Relationships with Third Parties
You acknowledge and agree that your dealings with any third parties, including any social networking sites, artists, users or other art galleries found on, or accessed through this Site, and any of their products or services, are solely between you and such third parties. The Company shall not be liable for any loss or damage resulting from such dealings. Many of the images generated by our search results are not actually on the Site, but are available on a third party website. Our search results provide you a preview of the image and a link to direct you to the original source of the image. Your activities on third party websites are governed by the terms and privacy policies of that website and not by these Terms.
The Company acknowledges that there are many different forms of artistic expression and that some visual artwork may be considered offensive to certain individuals. While the Company does not desire to censor the artwork that may be searched through the Site’s search engine, the Site is not intended for searching or sharing material which may be considered pornographic. You may submit requests to the Company requesting removal of images from the Site’s search results, home page or visual collections if you believe the image is pornographic. You must submit the following information along with your request for the request to be considered:
- Your first and last name, address, phone number, and email address;
- The location of the image and a title for the work and/or artist name, if known.
- The reason for your request.
Notices should be sent to:
Local Easel, LLC
710 Colorado St. Fort Collins, CO 80534
It is the policy of the Company to terminate the account of any registered user, including Representative and/or Gallery accounts, who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if the Company is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the Site (e.g., content, images, text, etc.) infringe your copyright, you may request removal of those materials from our Site by contacting our designated copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
- Identification of the material that is claimed to be infringing 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 us to locate the material;
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Copyright Notices should be sent to:
Local Easel, LLC
710 Colorado St. Fort Collins, CO 80534
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN SOLE AND EXCLUSIVE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, THE SEARCH RESULTS OR LINKS TO THIRD PARTY SITES GENERATED BY THE SEARCH RESULTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE USER HEREBY EXPRESSLY WAIVES ANY CLAIMS RELATED TO THE SAME. THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OF THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Representative, for itself and on behalf of the Gallery, and the Gallery hereby agree to indemnify and hold the Company and its parent company, affiliates, business partners, officers, managers, members, employees, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to the Representative’s or the Gallery’s use of this Site or the Services, the licenses and rights granted by the Gallery to the Company herein, or the Gallery or Representative’s breach of any of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of any Services or the termination or amendment of these Terms.
Questions about these Terms should be directed to localeasel.
Effective as of December 10, 2011. Last updated December 10, 2011.