Terms of Service
BuffaloArtWall.org provides a platform for individual artists to share and exhibit their work. These Terms of Service (“TOS”) govern the access and use of BuffaloArtWall.org (“BuffaloArtWall”). Please read the TOS carefully and contact us if you have any questions. By accessing and using BuffaloArtWall, you agree to be bound by the TOS.
1. Using BuffaloArtWall.
(a) Who Can Use BuffaloArtWall?
Use of BuffaloArtWall is restricted to individual artists and writers residing in the counties of Erie, Niagara, Orleans, Genesee, Wyoming, Allegheny, Cattaraugus and Chautauqua in the State of New York. Students enrolled in degreed art programs at community colleges, four (4) year colleges or universities in these counties may also join, even if their full time legal residence is in another locale. BuffaloArtWall is restricted to individuals 18 years of age and older. When creating an account with BuffaloArtWall, you must provide BuffaloArtWall with accurate and complete information.
By prearrangement, the following entities may also display the work of individual artists, provided that those artists meet the requirements mentioned above: commercial art galleries, public museums and display venues, college and university art departments and/or their affiliated art galleries. By displaying an artist's work on BuffaloArtWall, these entities explicitly represent that they are acting with the artist's full permission and authorization. By special arrangement, BuffaloArtWall will display the works of recently deceased artists, in cooperation with their families and relevant estate representatives. All persons and entities mentioned above relieve BuffaloArtWall from any liability or damages that may result from their display of the artists' work. BuffaloArtWall reserves the right to refuse any person or entity access to BuffaloArtWall for any reason whatsoever, or no reason.
(b) Your Use of BuffaloArtWall.
Subject to the TOS, we grant you a limited, non-exclusive, non-transferrable, and revocable license to use BuffaloArtWall. BuffaloArtWall reserves the right to revoke any user’s account, or decline a potential user’s request to use BuffaloArtWall for any reason or no reason.
2. Posted Artwork.
(a) Galleries. Each user shall be provided with the choice of an Artist's Gallery or a Writer's Page.
(i) Artist's Gallery.
Each Artist's Gallery is indicated by an image of one of his or her works, subject to the TOS, on the main page of BuffaloArtWall. An Artist's Gallery consists of a single page with space for a principal image on the left and the user’s Artist Statement and Contact Information on the right, plus space for up to twenty (20) images.
(ii) Writer’s Page.
Each Writer's Page is indicated by an image of his or her choice or custom design, subject to the TOS and the approval of the Site Administrator, on the main page of BuffaloArtWall. A Writer’s Page consists of a landing page with space for that same image on the left and space for the user’s Personal Statement, Contact Information, and a link to his or her Writer’s Blog, on the right.
(b) License to BuffaloArtWall.
You hereby grant BuffaloArtWall a non-exclusive, royalty-free, transferrable, sub-licensable, worldwide license to use, store, and display your artwork and content on BuffaloArtWall. Nothing in the TOS shall restrict other legal rights BuffaloArtWall may have to the user’s artwork, for example, under other licenses. BuffaloArtWall reserves the right to remove or modify user content for any reason, including user content that BuffaloArtWall believes violates the TOS or BuffaloArtWall’s policies.
(c) Termination.
A user may terminate his or her account at any time without penalty. Upon request from a user to terminate an account, BuffaloArtWall will delete the user’s gallery and all content therein, within a reasonable period of time. BuffaloArtWall may retain your content for a reasonable period of time for back-up, archival, or audit purposes. BuffaloArtWall will not provide users with any backup or copies of files that were or are displayed.
3. Security.
While BuffaloArtWall works to protect the security of user’s accounts and content, BuffaloArtWall cannot guarantee against unauthorized access. In the event a user believes that his or her account or content has been compromised, he or she should notify BuffaloArtWall immediately.
4. Copyright Policy.
It is the policy of BuffaloArtWall to comply with copyright laws. Copyrights subsist in original works of authorship fixed in a tangible medium of expression. Images that can be displayed on computer screens may also be works in which a copyright subsists. The authors or owners of rights and copyrighted works, or their agents, may notify BuffaloArtWall of an alleged infringement of copyrights of any work displayed on BuffaloArtWall by sending notice in a manner complying with the requirements of the Digital Millennium Copyright Act to BuffaloArtWall as follows:
Attn: Site Administrator
RiverNet LLC
P. O. Box 423
Youngstown, NY 14174-0423
5. Warranty and Indemnity.
By using BuffaloArtWall, the user warrants, represents, undertakes and agrees that the work and each and every part thereof, is original and does not infringe upon the rights, including copyrights, of any other person, and that the user has the right to display the work on BuffaloArtWall free and clear of any claims of any third party. By using BuffaloArtWall users agree to defend, indemnify and hold BuffaloArtWall and its officers, directors, affiliates, agents and representatives free and harmless from any loss, claim, damage, liability, legal action, or other expense or damage arising out of or in any way connected to user’s presence, participation and/or use of BuffaloArtWall, or any breach of user’s warranty.
6. Governing Law and Jurisdiction.
The TOS shall be governed by the laws of the State of New York, without respect to principals of conflict of law. Users of BuffaloArtWall agree to submit to the personal jurisdiction of the State Courts located in Erie County, State of New York for any disputes hereunder.
7. Limitation of Liability.
To the maximum extent permitted by law, BuffaloArtWall and its parent, RiverNet, LLC, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the user’s access to or use of, or inability to access or use, BuffaloArtWall; (b) any conduct or content of any third party, including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of a user’s transmissions or content. In no event shall aggregate liability of BuffaloArtWall and RiverNet, LLC, exceed $100.00 (US).
8. Commercial Purpose.
In accepting the TOS, users acknowledge that they are being permitted to use BuffaloArtWall for free. The user acknowledges that the site owner, RiverNet, LLC, may at some time in the future, seek revenues for the site from commercial sponsors (art galleries, media outlets or advertising partners, arts-related vendors and businesses that support the arts) and institutional sponsors (art museums, colleges and universities, philanthropic foundations and/or arts advocacy organizations). These sponsors will also be represented with their own image on the main page, which may be larger than the image for individual members, depending on the sponsor’s contribution. Users acknowledge that BuffaloArtWall and/or RiverNet, LLC, may pursue other revenue-earning measures, such as a classified advertising section and user fees from future members.
9. Miscellaneous Terms.
(a) Notification of Change of TOS.
BuffaloWallArt reserves the right to modify or revise these TOS from time to time. The most current version of the TOS will always be posted on our website. If a revision to the TOS, in the sole discretion of BuffaloArtWall, is material, BuffaloArtWall will notify users of the same. By continuing to access or use BuffaloArtWall after revisions become effective, users agree to be bound by the revised TOS.
(b) Assignment.
The TOS, any rights and licenses granted hereunder, may not be transferred or assigned by the user. BuffaloWallArt may transfer and/or assign any rights or licenses hereunder without restriction.
(c) Severability.
If any provision of the TOS is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the TOS will remain in full force and effect.
(d) Waiver.
No waiver of any of the terms of any of the TOS shall be deemed a further or continuing waiver of such term or any other term, and BuffaloWallArt’s failure to assert any right or provision under the TOS shall not constitute a waiver of such right or provision.
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