Website Terms & Conditions
1. DEFINITIONS
Art Photo Index (API) is an online, searchable index of selected art photographers, their work. Art Photo Index is owned and operated by photo-eye, LLC, presently at 376-A Garcia Street, Santa Fe, NM 87501. "Viewer" means any person who views this website.
2. DESCRIPTION OF SERVICE
Art Photo Index provides searchable text, images and website links to an audience interested in art photography. Art Photo Index is viewable by the general public, but is directed towards museum curators, gallery directors and staff, picture editors, writers and reviewers, publishers, collectors and others in the greater fine-art community. Art Photo Index provides online tools and forms to make management of an Art Photo Index listing simple, but thorough. These tools are designed to make the image and website searches relevant for our public viewers.
3. GENERAL
In consideration for this Service, Viewer agrees to comply with the terms and conditions stated in these Terms of Service.
4. VIEWER RESPONSIBILITIES
Viewer shall use Art Photo Index for lawful purposes only.
All viewers agree to abide by all copyrights of photo-eye, Art Photo Index and the respective photographers shown.
5. INTELLECTUAL PROPERTY
This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Photographers own the copyright to each of their individual works shown on API. The entire contents of Art Photo Index website are copyrighted as a collective work under the U.S. copyright laws. Art Photo Index owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Viewer may not modify, publish, transmit, participate in the transfer or sale, create derivative works, publicly distribute, publicly display or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted as to some particular, specified downloaded item(s) under copyright law, no copying, redistribution, retransmission, publication, modification, public display, public distribution, or commercial exploitation of downloaded material will be permitted without the express written permission of both the respective photographer and photo-eye.
6. RESPONSIBILITY / SOLE LIABILITY
Viewer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a publication.
7. PROPRIETARY SOFTWARE PROTECTION
Viewer shall not copy, distribute, reverse engineer, license, or resell the Art Photo Index software or designs, or any listing content created with Art Photo Index.
8. CHANGES IN TERMS
Art Photo Index shall have the right at any time to change or modify these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately with no notice given. Any use of this website shall be deemed to constitute acceptance by Viewer of such changes, modifications or additions.
9. LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Art Photo Index be liable you or any third party for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Art Photo Index or a Art Photo Index authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or special, incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Art Photo Index's total liability to you or any third party for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for using these services.
10. JURISDICTIONAL ISSUES
These listings and services are controlled by Art Photo Index and Art Photo Index makes no representation that materials in the site are appropriate or available for use outside the U.S. Many of the images used here are for use in the U.S. only and those who choose to access these images from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Service shall be governed by and construed in accordance with the internal laws of New Mexico, without giving effect to any principles of conflicts of law. Any litigation regarding any Use or these Terms of Service must be filed and heard solely in Santa Fe, Mexico.
11. INDEMNIFICATION
Viewer agrees to fully defend, indemnify and hold harmless Art Photo Index, its affiliates, information providers, content partners, suppliers, and advertisers, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees and related costs, arising out of any violation of these Terms of Service or rights of any third party, use of or access to Art Photo Index Web site by the Viewer.
11. DISCLAIMER OF WARRANTIES
THE SERVICES HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, SUBJECT TO THE TERMS OF THIS AGREEMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT OR SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, UNAVAILABILITY, OR INTERRUPTION INCLUDING ANY RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL.
12. COPYRIGHT COMPLIANCE - NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Art Photo Index respects the intellectual property of others, and we require that our Viewers do the same. If you believe that a proprietary work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, then provide Art Photo Index's Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a specific description of the copyrighted work or other intellectual property that you claim has been infringed (including image content, color or monochrome, etc.); 3. a specific description of where the material that you claim is infringing is located on the site; 4. your full address, telephone number, and email address; 5. a specific statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Art Photo Index's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Art Photo Index Copyright Agent, c/o photo-eye, LLC, 376-A Garcia Street, Santa Fe, NM 87501
13. MISCELLANEOUS
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Use of the site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that there shall be no third-party beneficiaries to your Use. Art Photo Index is a trademark of photo-eye and is used to describe its particular services. Art Photo Index is not responsible for the contents of any third party site to which it may link or refer. Art Photo Index may limit or delete any account that is not used for an extended period of time in Art Photo Index sole good faith judgment. If Art Photo Index retains counsel to enforce these Terms of Service, Viewer will reimburse Art Photo Index's attorneys' fees and related costs. Viewer represents that he/she is over eighteen (18) years of age and able to form a binding contractual commitment.
