Iowa Arts Gallery-Terms of Use

1. Acceptance of terms

The Iowa Arts Gallery provides online resources that includes classified ads, forums, display of artwork protected by applicable copyright laws, links to external sites such as YouTube, reviews and opinions concerning contemporary works of art, and historical observations. By agreeing to use the services of the Iowa Arts Gallery, you agree to abide by any and all posted guidelines, including future guidelines or modifications. If you are in anyway dissatisfied with the services of the Iowa Arts Gallery, you agree that your only recourse is to discontinue your account. The Iowa Arts Gallery has the right, although not obligated, to strictly enforce the terms of use. If you are an artist and you set up an account for the purposes of displaying your work, you agree to grant permission to the Iowa Arts Gallery a limited use of your art for display on the internet. The Iowa Arts Gallery is not responsible for image theft or abuse of technology for the purposes of obtaining the use of images without the artist's express consent. In the event that an image or other information is illegally used and obtained through the Iowa Arts Gallery, you, the user or your agents, waive any possible or future civil or criminal actions in a court of law, arbitration or any venue construed to resolve such alleged activities. The Iowa Arts Gallery facilitates contact with artists, but will not share private information, such as email addresses, physical addresses, phone numbers, and so on, without the express permission of the user, unless the user has given specific prior consent.

2. Modifications to this agreement.

We reserve the right to modify the terms of use of the Iowa Arts Gallery, and you accept that such modifications are immediately applicable. Registered users of the Iowa Arts Gallery will be notified of modifications using the most recent available contact material, however, such contact does not grant you any rights to continue activities which are contrary to the modified terms of use on the basis of any failure to contact you.

3. Content

You are responsible, and solely responsible, for the materials that you post on the Iowa Arts Gallery. The Iowa Arts Gallery is not responsible for and does not evaluate possible copyright infringements unless informed by the copyright owner or their agent(s). When copyright material, or potential infringements occur, the images will be deleted immediately from the Iowa Arts Gallery public database and forwarded to the proper authorities for evaluation and potential litigation. You are on notice that materials that the Iowa Arts Gallery deems offensive will be subject to removal and could include images or other context that may be considered profane, vulgar, erotic, hate speech, indecent, misleading, or otherwise undesireable or offensive. The Iowa Arts Gallery does not authenticate user content and will in no way be liable for consequential damages. In the event that content is subject to litigation, relevant images and content will be immediately removed from the public database and referred to appropriate authorities. The Iowa Arts Gallery reserves the right to remove any content for violation of the Terms of use as well as the right to construe applications in principle of the Terms of use.

4. Third Party Content

The Iowa Arts Gallery may provide capabilities to link to external internet resources that will provide access to third-party content. You are responsible for obtaining necessary permission to access such information where required, including web sites, databases, computer applications, computer programs or any other service. The Iowa Arts Gallery does not warranty any of these services and is not liable for damages due to loss of privacy, copyright infringement, or anyother damages that could be construed to be the result of interaction with external links and resources. This could include interaction with other members of the Iowa Arts Gallery. You accept sole responsibility for any and all consequencial activities and release the Iowa Arts Gallery, its officers, employees, agents, and successors in rights from any claims that result between you and any third party involved and that the Iowa Arts Gallery is under no obligation to investigate or pursue litigation in your behalf.

5. Notification of Claims of Infrigement

If you believe that content submitted to the Iowa Arts Gallery has been copied or that a copyright infrigement has occurred, you are obligated to inform the Iowa Arts Gallery, or its agents, of the possible infringement. Reports of abuse may be made by phone to 515-228-3217, email to: abuse@iowaartsgallery.com, or by mail to: Iowa Arts Gallery, 408 Linn St., Slater, Iowa 50024. Please specify the name of the account holder and a statement concerning any relevant details concerning the infrigement and include necessary contact information such as phone number or email address. You have the right to remove your account, or specific images and content from your account to protect your copyrights.

6. Privacy and Information Disclosure

The Privacy Policy of the Iowa Arts Gallery is as follows:

The Iowa Arts Gallery will not disclose personal information, including email addresses, phone numbers, or other information you provide unless you have indicated, or you have chosen, to make the information public. The Iowa Arts Gallery does use cookies to provide convenience to you, however, information contained in cookies is limited to usernames. The Iowa Arts Gallery will release personal information when required by law, or in good faith believe that we are required by law to provide it to proper authority.

7. CONDUCT

You agree not to post, email, or otherwise make available content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts in anyway that could be construed to be pornographic or sexually offensive,

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that impersonates any person or entity, including, but not limited to, a employees or agents of the Iowa Arts Gallery, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

e) that includes personal or identifying information about another person without that person's explicit consent;

f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

g) that infringes any copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

Additionally, you agree not to:

i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

j) "stalk" or otherwise harass anyone;

k) collect personal data about other users for commercial or unlawful purposes;

l) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Iowa Arts Gallery unless expressely permitted.

m) attempt to gain unauthorized access to the iowa Arts Gallery computers, systems, servers, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Iowa Arts Gallery.

8. AGENTS

You may not use any third-party agent, service, or intermediary individual, organization or program that offers to post content to the Iowa Arts Gallery on behalf of others. Correspondingly, agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the services of the Iowa Arts Gallery to facilitate posting Content on behalf of others, except with express permission or license from the Iowa Arts Gallery.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Iowa Arts Gallery email addresses or through Iowa Arts Gallery computer systems is expressly prohibited by these terms of use. Such violations may subject the sender and his or her agents to civil and criminal penalties. 10. PAID POSTINGS

We may charge a fee to post content in some areas of the Iowa Arts Gallery. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Iowa Arts Gallery is responsible for such Content and compliance with the terms of service. All fees paid will be non-refundable in the event that content is removed from the service for violating the terms of service.

11. LIMITATIONS ON SERVICE

You acknowledge that the Iowa Arts Gallery may establish limits concerning use of its services, including the maximum number of days that content will be retained by the Iowa Arts Gallery, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Iowa Arts Gallery, and the frequency with which you may access its services. You agree that the Iowa Arts Gallery has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Iowa Arts Gallery. You acknowledge that the Iowa Arts Gallery reserves the right at any time to modify or discontinue its services (or any part thereof) with or without notice, and that the Iowa Arts Gallery shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

The Iowa Arts Gallery grants you a limited, revocable, nonexclusive license to access its services for your own personal use. This license does not include: (a) access to the service by third party agents (unless express permission is granted by the Iowa Arts Gallery; or (b) any collection, aggregation, copying, duplication, display or derivative use of services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Iowa Arts Gallery. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Iowa Arts Gallery, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

The Iowa Arts Gallery permits you to display on your website, or create a hyperlink on your website to your individual postings on the Iowa Arts Gallery so long as the link does not portray the Iowa Arts Gallery, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

The Iowa Arts gallery may offer various parts of its service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Iowa Arts Gallery permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Iowa Arts Gallery and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'The Iowa Arts Galleryt' as the source, (d) your use or display does not suggest that the Iowa Arts Gallery promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Iowa Arts Gallery systems. The Iowa Arts Gallery reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Iowa Arts Gallery immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the services or any content made available via the Iowa Arts Gallery for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Iowa Arts Gallery.

13. TERMINATION OF SERVICE

You agree that the Iowa Arts Gallery, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Iowa Arts Gallery, for any reason, including, without limitation, if the Iowa Arts Gallery believes that you have acted inconsistently with the letter or spirit of the terms of service. Further, you agree that Iowa Arts Gallery shall not be liable to you or any third-party for any termination of your access to services. Further, you agree not to attempt to use the Service after said termination.

14. PROPRIETARY RIGHTS

The Iowa Arts Gallery is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Iowa Arts Gallery is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Iowa Arts Gallery. You further agree not to reproduce, duplicate or copy content from the Iowa Arts Gallery without the express written consent of the Iowa Arts Gallery, and agree to abide by any and all copyright notices displayed on the Iowa Arts Gallery. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Iowa Arts Gallery. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Iowa Arts Gallery..

While the Iowa Arts Gallery does not claim ownership of content that its users post, by posting content to any public area of the Iowa Arts Gallery, you automatically grant, and you represent and warrant that you have the right to grant, to the Iowa Arts Gallery an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the services of the Iowa Arts Gallery, you automatically grant the Iowa Arts Gallery all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of this content on the Iowa Arts Gallery by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE IOWA ARTS GALLERY SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE IOWA ARTS GALLERY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE IOWA ARTS GALLERY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE IOWA ARTS GALLERY SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE IOWA ARTS GALLERY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH, ADVERTISED, OR POSTED ON THE IOWA ARTS GALLERY OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE IOWA ARTS GALLERY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE IOWA ARTS GALLERY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE IOWA ARTS GALLERY SITE OR SERVICES.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE IOWA ARTS GALLERY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE IOWA ARTS GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE IOWA ARTS GALLERY SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE IOWA ARTS GALLERY SITE OR SERVICES, FROM INABILITY TO USE THE IOWA ARTS GALLERY SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE IOWA ARTS GALLERY SITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IOWA ARTS GALLERY SITE OR SERVICES OR ANY LINKS ON THE IOWA ARTS GALLERY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE IOWA ARTS GALLERY SITE OR SERVICES OR ANY LINKS ON THE IOWA ARTS GALLERY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17. INDEMNITY

You agree to indemnify and hold the Iowa Arts Gallery, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Iowa Arts Gallery, your use of the Iowa Arts Gallery, your violation of the terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The terms of use constitute the entire agreement between you and the Iowa Arts Gallery and govern your use of the Iowa Arts Gallery, superceding any prior agreements between you and the Iowa Arts Galler. You and the Iowa Arts Gallery agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Story, Iowa. The failure of the Iowa Arts Gallery to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. If any provision of the terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect. 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 Iowa Arts Gallery or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the terms of use by emailing to:

abuse@iowaartsgallery.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify if it becomes necessary for the Iowa Arts Gallery to pursue legal action to enforce these Terms, you will be liable to pay the Iowa Arts Gallery the following amounts as liquidated damages, which you accept as reasonable estimates of the Iowa Arts Gallery damages for the specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay the Iowa Arts Gallery one thousand dollars ($1,000) for each such message. This provision does not apply to content that constitutes lawful non-deceptive parody of public figures.

b. If the Iowa Arts Gallery establishes limits on the frequency with which you may access services, or terminates your access to or use of services, you agree to pay the Iowa Arts Gallery one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access the Iowa Arts Gallery in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Iowa Arts Gallery email addresses or through Iowa Arts Gallery computer systems, you agree to pay the Iowa Arts Gallery twenty five dollars ($25) for each such email.

d. If you post content in violation of the terms of use, other than as described above, you agree to pay the Iowa Arts Gallery one hundred dollars ($100) for each Item of content posted. In its sole discretion, the iowa Arts Gallery may elect to issue a warning before assessing damages.

e. If you are a third party Agent that uses the Iowa Arts Gallery in violation of the terms of use, in addition to any liquidated damages under clause (d), you agree to pay the Iowa Arts Gallery one hundred dollars ($100) for each and every Item you post in violation of the terms of use.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own content) in violation of these Terms without the Iowa Arts Gallery's express written permission, you agree to pay the Iowa Arts Gallery three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay the Iowa Arts Gallerys actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, the Iowa Arts Gallery retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.