Local Easel 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 using the Site or the Services you agree to be bound by these terms of use (the “Terms”). The Company reserves the right to amend, modify or revise these Terms at any time; such amendments will become effective upon the Company posting the Terms as revised on the Site and using commercially reasonable means to attempt to give notice to users of the Site via email or notification on the Site that the Terms have changed. You are encouraged to review these Terms from time to time. By your continued use of the Site or the Service 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 of Use you should discontinue your use of the Site and the Service.

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 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 provide your legal first and last name, a user name, your email address, your zip code and a password at the time of registration. 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. 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 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.

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:

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 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:

Notices should be sent to:

Local Easel, LLC
710 Colorado St. Fort Collins, CO 80534
720-277-6098
localeasel

Copyright Violations

It is the policy of the Company to terminate registration 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:

Copyright Notices should be sent to:
Copyright Agent
Local Easel, LLC
710 Colorado St. Fort Collins, CO 80534
720-277-6098
localeasel

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.

Additional Provisions

You expressly agree and personally submit to binding arbitration, to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, members, managers, telecommunication providers and content providers or in any other way relating to the Site or the Services. Any arbitration claims shall be submitted to binding arbitration before the Judicial Arbiter Group, Inc. (“JAG”), or a similar successor entity, located in Denver, Colorado. The parties shall mutually agree to an arbitrator within 10 business days of submission of a claim for arbitration with JAG. If the parties cannot agree to an arbitrator within such time, JAG shall appoint an arbitrator. The initial filing fees shall be paid by the party filing the claim for arbitration. Thereafter, the costs of the arbitration shall be shared equally by the parties, and each party shall be responsible for his or her own attorney fees and costs. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF COLORADO IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES. The Company makes no claims that information on the Site or provided through the Services is appropriate or may be downloaded outside of the United States. If users access the Site or use the Services from outside of the United States, the user does so at the user’s own risk and shall be responsible for compliance with the laws of the user’s jurisdiction regarding online conduct and acceptable content. Personal information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with our Privacy Policy. If a user is a non-U.S. user, such user acknowledges and agrees that the Company may collect and use his/her personal information and disclose it to other entities outside the user’s resident jurisdiction. In addition, such personal information may be stored on servers located outside the user’s resident jurisdiction. U.S. law may not provide the degree of protection for personal information that is available in other countries. By providing us with the user’s personal information, such user acknowledges and consents to the transfer of such personal information outside of the user’s resident jurisdiction as detailed in our Privacy Policy. If the user does not consent to such transfer, he/she shall not use this Site or the Services. These Terms are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by an arbitrator the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any provision herein is or should become inconsistent with any present or future law, rule or regulation of any sovereign government or regulatory body having jurisdiction over the subject matter of these Terms, such provision shall be deemed to be rescinded or modified in accordance with such law, rule or regulation. In all other respects, these Terms shall continue to remain in full force and effect. These Terms will commence upon use of the Site or the Services and will continue in full force until terminated in accordance with these Terms. The user may terminate these Terms at any time by ceasing all use of the Services and the Site and cancelling the user’s account; provided however that the following provisions shall survive termination Disclaimer of Warranties and Limitation of Liability, Indemnification by User, and these Additional Provisions. The Company may immediately terminate these Terms and any Services and may block user’s access to his/her account without notice in the event a user violates these Terms as determined by the Company. The Company may terminate these Terms and the Services for its convenience with 30 days' prior notice to any active user.

Questions about these Terms should be directed to localeasel.

Effective as of December 10, 2011. Last Updated December 10, 2011.