Terms

TERMS OF USE

USE OF CONTENT FROM THIS WEBSITE

YoungArts (“YoungArts”) provides the content on this website (www.youngarts.org), other sub domain websites, and third-party sites on which it maintains a presence (“YA Websites”) in support of its mission. YoungArts invites visitors to use its online content for personal, educational and other non-commercial purposes. By using the YA Websites, you accept and agree to abide by the following terms.

INTELLECTUAL PROPERTY RIGHTS IN CONTENT

YoungArts is the owner of the compilation of content that is posted on the YA Websites, which consists of text, images, audio, video, databases, design, codes and software (“Content”). However, YoungArts does not necessarily own each component of the compilation. The Content that YoungArts makes available on the YA Websites may be owned by YoungArts, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

YoungArts Content is identified as having “no known copyright restrictions” when YoungArts is unaware of any copyright restrictions on its use. This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) YoungArts records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.

YoungArts endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, YoungArts can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the YA Websites, please contact the appropriate YoungArts museum or program that is associated with the Content.

PERMITTED USES

YoungArts welcomes you to make fair use of the Content as defined by copyright law. Information on United States copyright fair use law is available from the United States Copyright Office: www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

In addition, YoungArts allows personal, educational, and other non-commercial uses of the Content on the following terms:

You must cite the author and source of the Content as you would material from any printed work.

You must also cite and link to, when possible, the YA Website as the source of the Content.

You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.

You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

For commonly asked questions about use of YoungArts content, see FAQs below.

UNAUTHORIZED USES REQUIRE PRIOR WRITTEN PERMISSION

You may not use the Content for commercial purposes. This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from YoungArts (or other owner of the Content as applicable).

Send your permission request or other inquiries, including requests for higher quality formats, including high resolution digital images, to YoungArts museum or program that is associated with the Content you wish to use. Contact information for each museum and program are listed on the Rights, Restrictions and Security Contacts page of YoungArts website.

TRADEMARKS

Many of the names, titles, trademarks, service marks, and logos that appear on the YA Websites are registered or common law (unregistered) marks of YoungArts. With the exception of fair use, you may not use YoungArts trademarks without prior written permission.

Trademarks of third parties may also appear on the YA Websites from time to time. You agree that nothing on the YA Websites shall be construed as granting any license to use any Trademark displayed on the YA Websites without the express written permission of the owner of the trademark.

INTERACTIVE FEATURES AND USER-GENERATED CONTENT

YoungArts provides certain interactive features, such as blogs, for the exchange of ideas and information by visitors in furtherance of its mission. Accordingly, YoungArts encourages you to interact with its site, subject to the following conditions:

You are solely responsible for the content that you submit.

By posting content, you are giving YoungArts and those authorized by YoungArts permission to use it for any educational, promotional or other standard museum purpose.

You will not post any content that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.

You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.

You will not insert your own or a third party’s advertising or promotional content into your posting.

You understand that YoungArts may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time.

You understand that YoungArts assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.

You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.

You agree that you will not collect information about the users of this website or use such information for any purpose.

You are not under the age of 13.

YoungArts reserves the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in YoungArts’s judgment, does not comply with the foregoing rules. YoungArts is not responsible for any user-generated content that is posted on the YA Websites or for any failure or delay in removing such content.

COPYRIGHT COMPLAINTS

If you have any complaints or objections to Content posted on the YA Websites because it was not properly credited or it was posted without permission and you are the copyright owner, please contact the [email protected]

LINKS TO THIRD PARTY SITES

YoungArts may link to third party sites which are not under the control of YoungArts. These links are provided as a convenience and for informational purposes only, and they do not indicate YoungArts’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. YoungArts has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.

LINKS FROM THIRD PARTY SITES

Linking is an important feature that facilitates searching and making connections among websites. If you link to the YA Websites, you agree to present the link in a manner that does not give the impression that YoungArts endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.

DISCLAIMER

The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. YoungArts shall not be responsible or liable for any damage that may occur due to your use of YA Websites or downloading any Content from the YA Websites.

RESERVATION OF RIGHTS

YoungArts reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of YoungArts to enforce any of these terms shall not constitute a waiver of such terms.

WARRANTY AND INDEMNITY

By using the YA Websites, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold YoungArts harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the YA Websites.

APPLICABLE LAW AND JURISDICTION

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the District of Columbia, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.

PRIVACY

By using the YA Websites, you agree that YoungArts may collect, use and disclose information that you provide as described in the Privacy Policy.

FREQUENTLY ASKED QUESTIONS AND ANSWERS

MAY I PUT YOUNGARTS CONTENT ON MY PERSONAL WEBSITE, BLOG OR MY FACEBOOK® (OR OTHER SOCIAL NETWORKING) PAGE?

Yes, so long as you:

Identify the author and source of the Content;

Do not remove any copyright, trademark, or other notices that are placed in or near the Content you use;

Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and

Comply with any other terms or restrictions that may be applicable to the Content.

IS IT AN UNAUTHORIZED USE IF THE HOST OF MY WEBSITE OR BLOG ADDS ADVERTISING TO MY WEBSITE OR BLOG?

If that is the only commercial aspect of your website or blog, you may post the Content on that site consistent with these Terms of Use.

I LOVE YOUNGARTS LOGO! MAY I USE IT ON MY WEBSITE?

No. You may not use YoungArts logo or other trademarks without YoungArts’s prior written permission.

BUT WHAT IF I WANT USE YOUNGARTS LOGO AS A LINK TO YOUNGARTS WEBSITE?

Even so, you need YoungArts’s prior written permission to use its logo or other trademarks for any purpose (other than fair use as defined by trademark law). For linking, please use a text link, not the logo.

MAY I USE YOUNGARTS CONTENT ON T-SHIRTS THAT I PLAN TO SELL?

No, this would be a commercial use. If you wish to make a commercial use, you must obtain prior written permission. Contact: [email protected]

IF I FIND YOUNGARTS CONTENT ON A WEBSITE SUCH AS THE FLICKR COMMONS AND THE CONTENT IS DESCRIBED AS HAVING “NO KNOWN COPYRIGHT RESTRICTION,” HOW MAY I USE THE CONTENT?

The phrase “no known copyright restriction” means that YoungArts has determined, to the best of its ability based on available information, that the Content is unlikely to be protected by copyright interests and, in all likelihood, is in the public domain. However, copyright is often difficult to determine with certainty, so the phrase is intended to say that YoungArts is unaware of any copyright restriction, but such restrictions may still exist. In addition, even if the Content is unrestricted from a copyright standpoint, there may be other considerations that would limit your use, such as rights of privacy or publicity of the individuals featured in the images, or contractual restrictions. For these reasons, YoungArts makes its content available for personal and non-commercial educational uses consistent with the principles of fair use. If you decide to use the Content for commercial or other purposes without undertaking to clear all rights, you will be responsible if someone else owns the rights and the owner objects to your use.

HOW MAY I USE YOUNGARTS CONTENT IN MY RESEARCH PAPER OR OTHER CLASS WORK?

You may quote, describe, or include a copy of YoungArts Content so long as you:

Identify the author and source of the Content as you would material from any printed work;

Identify the relevant YA Website as the source of the Content;

Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data that you use; and

Comply with any other terms or restrictions that may be applicable to the Content.

HOW MAY I USE YOUNGARTS CONTENT IN MY LECTURES/LESSON PLANS?

There are many opportunities to include YoungArts Content in your teaching. Please visit YoungArts Education section for more information. In addition to the foregoing, YoungArts invites you to make educational or fair use of its Content so long as you:

Identify the author and source of the Content as you would material from any printed work;

Identify the relevant YA Website as the source of the Content;

Do not remove any copyright, trademark, or other proprietary notices including attribution information, credits, or notices that are placed in or near the text, images, or data;

Do not use the Content to promote, advertise, or sell your own products or services or for any other commercial or unauthorized purpose; and

Comply with any other terms or restrictions that may be applicable to the Content.