Pittsburgh Artist Registry Terms of Use
1. Who We Are.
The Pittsburgh Artist Registry is operated by the Office of Public Art, a partnership between the Greater Pittsburgh Arts Council and the City of Pittsburgh Department of City Planning with funding provided by The Heinz Endowments. The Pittsburgh Artist Registry is funded in part by a grant from the National Endowments for the Arts.
2. Purpose.
We allow selected artists (“Artists”) in a variety of disciplines to post their art and/or representations of their art (“Artist Worksamples”) and contact information on this website (“Website”). We permit Users who agree to these Terms of Use to view such Artist Worksamples on this Website. Artists who desire to submit Artist Worksamples or to be included in the Registry should review our Privacy Policy and follow the instructions. Users may contact the Artists directly to purchase artwork or art-related services. Artists and users who enroll in the Pittsburgh Artist Registry will be included in monthly email communications called the Artist Opportunities Listserv, and users may opt out at any time. Any communications or transactions between Users and Artists are handled between the Users and the Artists and we are not involved and take no responsibility whatsoever in connection with those activities.
3. Restrictions.
By visiting our Website and/or by submitting material for inclusion in the Registry, all Users and Artists agree to these Terms of Use, including the following restrictions:
- You will not reprint, republish or distribute in any way, any information or materials found on our website.
- You will not use any of the information on our website for sending mass or group emails or for solicitation purposes or for any other purposes involving solicitation in any way.
- You will not send email or other communication to the artist/groups represented on our website that is defamatory, obscene, threatening, abusive or hateful.
- You will not access data not intended to be accessed by Users of the site or attempt to probe, scan or test the vulnerability of our site or attempt to interfere with any service available on our site, take other actions which impose an unreasonable or disproportionate load on our site, send unsolicited email, including promotions and/or advertising or products or services, to addresses obtained from our site, forge any email address, newsgroup or name in connection with this site and/or use a password, name or identification which is not your own in accessing our site.
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website.
- If you are creating an artist profile, you are 18 years of age or older. If you are a minor browsing the site you have parental consent to do so.
4. Copyright Information.
All Artists and Users understand and recognize that:
Copyright law protects the material on this Website. Copyrights for the Artist Worksamples are owned by the Artists and the other content of the Website including the copyrights relating to providing a collection of the Artist Worksamples are owned by The Office of Public Art. Users and Artists agree to not copy any of the graphics, images, artwork, text, video or audio on this website without the express written permission of the owner of the copyrights in that material. The Office of Public Art will remove from the Website any content found to be infringing of another’s copyright, but is not responsible for taking any action to enforce the copyright of any Artist in Worksamples posted to the website.
5. Objectionable Content.
The material on this Website is submitted by Artists. You may find some of the material objectionable to you or not suitable for children. Children under eighteen (18) should not view the material without the consent and supervision of their parents. While the Office of Public Art recognizes and generally supports Artists’ rights of free speech, we reserve the right to remove from this Website material that is defamatory, obscene, threatening, abusive or hateful.
6. Non-U.S. Residents.
We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. Users. Visitors are responsible for compliance with their applicable local laws.
7. Cancellations.
We reserve the right to cancel your right to use this website at any time without notice or cause.
8. Disclaimer of Warranties.
THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability.
- ALL USERS AND ARTISTS ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL THE CITY OF PITTSBURGH, THE GREATER PITTSBURGH ARTS COUNCIL, OR ANY OF THEIR RESPECTIVE ELECTED OFFICIALS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPOLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF THE CITY OF PITTSBURGH, THE GREATER PITTSBURGH ARTS COUNCIL, AND ANY OF THEIR RESPECTIVE ELECTED OFFICIALS, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR ELECTED OFFICIALS, DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIM IN EXCESS OF THIS LIMITATION.
10. Links.
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them. You are encouraged to review the Terms of Use and Privacy Policies of those sites before using them.
11. Indemnity.
All Artists and Users agree to indemnify the City of Pittsburgh and the Greater Pittsburgh Arts Council and hold them, and their respective elected officials, directors, officers, representatives, employees, subcontractors, and suppliers, (we and all indemnified parties being referred to herein as the “Indemnified Parties”) harmless from any and all losses, including, but not limited to, attorney’s fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Agreement. You further agree to indemnify and hold each of the Indemnified Parties harmless from any and all losses, including, but not limited to, attorney fees, that any one or more of the Indemnified Parties may incur as a result of any claims by you against any one or more of the Indemnified Parties even if such claim is based on the negligence of any one or more of the Indemnified Parties.
12. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately by emailing staff@pittsburghartistregistry.org.
13. Jurisdiction.
The terms of this agreement will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States applicable to contracts to be wholly performed in Pennsylvania. ANY ACTION BASED ON OR ALLEGING A BREACH OF THIS AGREEMENT OR OTHERWISE RELATING TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT LOCATED IN ALLEGHENY COUNTY, PENNSYLVANIA. IN ANY SUCH ACTION, IF WE PREVAIL, WE SHALL BE ENTITLED TO ALSO RECOVER OUR LEGAL FEES AND COSTS.
14. General.
These Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to this website. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. You are prohibited from engaging in, suggesting or encouraging illegal activity in connection with our website and we will cooperate with law enforcement officials as appropriate. In the event that any portion of these Terms of Use is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provision shall remain in full force and effect.
If you have any questions about these Terms of Use, please contact staff@pittsburghartistregistry.org.