Terms of Use and Privacy

Amerinda ArtMarket Terms of Use and Privacy Policy


AMERINDA IS A NON-PROFIT ORGANIZATION THAT WORKS TO EMPOWER NATIVE AMERICANS, BREAK DOWN BARRIERS, FOSTER INTERCULTURAL UNDERSTANDING, AND INCREASE APPRECIATION FOR NATIVE CULTURE THROUGH A VARIETY OF ARTS PROGRAMS AND SERVICES TO ARTISTS AND THE PUBLIC, INCLUDING THIS WEBSITE.

Definitions

The following definitions are used in these Terms:

  • “Website,” “this Website” or “ArtMarket,” refers to Amerinda ArtMarket, a project of American Indian Artists, Inc.
  • “Use(s),” or “Using” this Website refers to accessing, visiting, or browsing Amerinda ArtMarket in any manner.
  • “Our,” “us,” “we,” or “Amerinda” refers to American Indian Artists, Inc.
  • “User,” “you” or “your” means any person or entity that accesses or uses Amerinda ArtMarket in any manner, whether purchasing an item or browsing the website.
  • “Content” means all images, text, information, data, audio, video, graphics, computer code, and other material provided on or through this Website.
  • “Terms” refers to the conditions and rules governing this Website as listed below.
  • “Work(s)” refers to the artwork and jewelry displayed on and/or purchased following display on this Website.
  • “Artists” refers to the artists whose work is displayed on and/or purchased following display on this Website.

WELCOME TO ARTMARKET. THESE TERMS FORM AN AGREEMENT BETWEEN AMERINDA AND YOU THAT GOVERNS YOUR ACCESS TO AND USE OF THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CEASE USING THIS WEBSITE IMMEDIATELY. PLEASE READ THESE TERMS CAREFULLY. THIS WEBSITE IS OWNED AND OPERATED BY AMERINDA.

General Conditions

  1. You must be 18 years or older to use the Website.
  2. You must not threaten, impersonate, intimidate, abuse, or harass anyone on this Website.
  3. You are solely responsible for your conduct on this Website, and for any data, text, or information that you submit to this Website.
  4. You must not modify, adapt, or hack this Website or create/modify another website so as to falsely imply that it is associated with Amerinda or its ArtMarket.
  5. You must not transmit any worms or viruses or any code of a destructive nature that could affect this Website and Amerinda.
  6. You must not breach, disable or circumvent any security or authentication measures on or in connection with this Website.
  7. You must not use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines”).

Notice of Changes to Website or Terms of Use

  1. Amerinda may modify or terminate the ArtMarket for any reason, without notice, at any time.
  2. Amerinda may refuse use of this Website to you at any time, with or without notice.
  3. Amerinda may make changes to this Website and these Terms of Use at any time and in our sole discretion; therefore, you should review our Terms each time you visit this Website. Your use of this Website after we make any such changes constitutes your binding acceptance of those changes.

Choice of Law and Dispute Resolution

By using this Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, govern these Terms and any dispute of any sort that might arise relating to the use of this Website. Any dispute relating in any way to your use of this Website is subject to the exclusive jurisdiction of the state or federal courts located in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts. If a dispute arises out of or relates to these Terms, and if the dispute cannot be settled through negotiation, you agree first to try in good faith to settle the dispute through third- party mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.

Purchasing Works

The Terms and Conditions of Sale govern all purchases of Works displayed on this Website.

Artists’ Rights

The Artists retain the copyright to their Work(s) at all times. Buying a Work does not transfer any copyright or other intellectual property rights to you. You may not reproduce images of any Work displayed on this Website, even if you purchase the Work, without the artist’s prior written consent.

Copyright and Trademarks

All Content is owned by Amerinda, or by others who have licensed their Content to us, and is protected by United States and international copyright laws, trademark laws, and/or other proprietary rights and laws. This Website is also protected as a compilation and/or collective work under U.S. and international copyright laws.

Amerinda respects the intellectual property rights of others and in accordance with the Digital Millennium Copyright Act, will respond to notices of claimed copyright infringement.

If you believe that Content on this Website has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing all of the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on this Website;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. a statement of good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in this notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This information can be mailed to:
Copyright Agent
c/o Amerinda, Inc.
288 East Tenth Street
New York, NY 10009
E-Mail: Artmarket@amerinda.org

Collection of Information

If you wish to purchase a Work displayed on this Website, we will ask for “personal” information from you, such as your name, mailing address, telephone number and e-mail address. If you purchase a Work with a credit card, we will also collect payment information. (See below for purchases made through Paypal). We will not collect other personal information about you. The personal information that you give us when you place an order will be used only to process and fulfill your order.

Protection of Personal Information

We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. For example, all information you provide is stored on a secure server, and payment transactions will be encrypted using secure socket layer (SSL) technology. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its security.

Use of Information

We are committed to protecting your privacy. Under no circumstances will we rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We use your personal information only for internal purposes such as processing and keeping you informed of your order.

IP Address and Cookies

We will not collect “non-personal” information from you, including your IP Address. We do not use Cookies (data stored on your computer by your web browser).

Other Websites and Services

Certain Content may be displayed on this Website by third parties or may direct you to third-party websites that are not affiliated with Amerinda. Amerinda is not responsible for examining or evaluating third-party content for accuracy and we do not warrant and do not have any liability or responsibility for any third-party materials or websites, or for any harm or damages related to using materials, products, or services of third parties.

PayPal’s terms and services will govern transactions to purchase Works following display on this Website that take place through PayPal. Amerinda is not responsible for PayPal’s terms and services or for the security and privacy of any credit card, bank account, or other personal information that you submit through PayPal.

International Use

Amerinda is based in the United States. We make no representations or warranties that this Website is appropriate or available for use outside of the United States.

If you are located outside of the United States, you represent and warrant that your access to and use of this Website complies with all applicable local, state, national, and international laws, rules, and regulations.

Disclaimer of Warranties

ALL WORKS OFFERED AND SOLD FOLLOWING DISPLAY ON THIS WEBSITE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. AMERINDA AND THE ARTISTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ASSUME ANY LIABILITY OF ANY KIND WITH REGARD TO THE MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY WORK. AMERINDA DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL AMERINDA OR THE ARTISTS BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR INABILITY TO ACCESS THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TECHNICAL OR HUMAN ERRORS OF ANY KIND, AND ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR ANY BREAKDOWNS OR MALFUNCTIONS OF THIS WEBSITE.

Liability Limitation

AMERINDA AND THE ARTISTS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT RELATED THERETO. IN NO EVENT SHALL THE TOTAL LIABILITY RELATING TO YOUR USE OF AMERINDA ARTMARKET (REGARDLESS OF ITS BASIS) EXCEED THE LESSER OF 1) THE TOTAL AMOUNT OF ANY PURCHASE MADE THROUGH THIS WEBSITE OR 2) $100.

Effective: December 16, 2014
Updated: March 27, 2015


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