Local Easel Registered User Terms and Conditions of Use
Local Easel, LLC, a Colorado limited liability company (herein referred to as the “Company,” “we” or “us”), provides a local artist, artwork and art gallery search engine (the “Services”) through its website at www.localeasel.com (the “Site”). By registering to use the Site you must agree to these terms and conditions of use (the “Terms”) by clicking “Accept” to acknowledge your acceptance of these Terms. The Company reserves the right to amend, modify or revise these Terms at any time; such amendments will become effective upon the Company using commercially reasonable means to attempt to give notice to you via the email address you provide to the Company that the Terms have changed and providing a link to or a copy of the revised Terms. You are encouraged to review these Terms from time to time. By your continued use of the Site or the Services you accept and agree to be bound by the revised Terms as posted on the Site at the time of your use. If you do not agree with any change made to these Terms you should discontinue your use of the Site and the Services and cancel your user account.
Local Easel Services and Registration
The Company provides the Services without charge, however, certain features of the Services can only be accessed by registered users, including the ability to share links to images of artwork from other websites, create your own visual collection, claim yourself as an identified artist on the Site and claim your artwork, and claim yourself as an authorized representative of an art gallery featured on the Site. You may only have one user account and must login through your Facebook account using Facebook Connect, through other social media sites, or you must register separately with the Site by providing your legal first and last name, a user name, your email address, and a password at the time of registration. Your location will be ascertained by the local version of the Site that you register with and through other electronic means based on where you are when you access the Site. When you login using Facebook Connect the Company will have access to additional information that you have provided on your Facebook page that is shared by Facebook. You must be at least 13 years old to register as a user of the Site.
In order to claim yourself as an identified artist or to claim yourself as an authorized representative of an art gallery you will be required to provide additional verifying information. A representative of Local Easel 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.
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 user’s rights to use the Site or the Services and to terminate your user account 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.
Artist and Art Gallery Claims
If you claim yourself as an artist identified on the Site you will be required to agree to the Artist Terms. By doing so you will have the opportunity to take advantage of certain options available only to artists. Artists may grant us additional permissions to create, use and display images of their artwork on our Site for a richer search experience and to have their works featured on the home page of the Site in the artist’s local area. Artists may alternatively decide that they do not wish to be included in the search results on the Site and have the option to block their artwork from being included in search results.
If you claim yourself as an authorized representative of an art gallery featured on the Site you will be required to agree to the Gallery Terms. By doing so you will have the opportunity to take advantage of certain options available only to art galleries.
We take commercially reasonable steps to ensure that artists and art gallery representatives 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 the artist, to your artwork or to your art gallery, please contact us at localeasel.
Linking and Visual Collections
As a registered user you will have your own profile page and have the ability to share links to your favorite artists and artwork. You can create your own visual collections on our Site through your shared links on your profile page. Your profile page and your visual collection are not private and can be viewed by everyone. Your avatar created by you from an image of yourself that you link to, such as your Facebook profile picture, user name and location will be visible to everyone who views your profile page or your visual collection. You hereby grant to the Company the nonexclusive, perpetual, royalty free right to use and reproduce your name and/or user name and physical likeness in connection with the Company’s provision of the Services and on the Site. Links that you share on the Site may also appear at random on the home page of your local Site. Links shared by users will identify the user that shared the link and the url to the original site. You shall only share links to images through the Site if you have the rights and authority necessary to do so, including links to images of yourself that you use for your avatar. By sharing links on your profile page on the Site you hereby represent and warrant to the Company that you have all rights, title and interests or the proper authority necessary to share the link through our Site and that you are not violating any third party’s rights. You hereby grant to the Company permission to display publicly any and all content you create or post on the Site including any comments on links you post or comments you make on links posted by others.
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. 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:
- you shall not use the Services to transmit any content that is: unlawful, abusive, threatening, harmful, obscene, lewd, defamatory, or pornographic;
- 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;
- 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;
- 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;
- 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;
- you shall not delete or alter any copyright or other notice placed on any of the Site content.
- 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 social networking sites, any artists or 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. Offensive Content
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 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.
Indemnification by User
You 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 your use of this Site or the Services or your 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.