Effective Date: January 20, 2016
Updated: January 2, 2024
Website Copyright Notice and Terms and Conditions of Use
The Association for Public Art (the “aPA”) provides access to its website www.associationforpublicart.org (the “website” or “site”) in furtherance of the aPA’s mission. The site and all content therein are subject to the following terms and conditions. By accessing the aPA site, you accept without limitation or qualification these terms and conditions of use, which the aPA may revise or update. Your continued use of the aPA site after any change, revision, or update to the copyright notice and terms of use constitutes your acceptance of the Terms of Use as changed, revised, or updated.
Copyright and Trademark
The content, text, images, video clips, audio clips, software, documentation, and other information on the aPA website (the “Materials”) are protected by copyright and/or other intellectual property laws and are owned and/or controlled by the aPA and/or its licensors or other third parties. The aPA’s trademarks, service marks and logos (“Trademarks”) are protected by trademark and/or other intellectual property laws. Subject to the fair use/permitted use provisions below, no use of the Materials and/or aPA’s Trademarks is allowed without the prior written permission of the aPA and/or its licensees and other third parties. Any unauthorized use of the Materials or the Trademarks is strictly prohibited.
Fair Use/Permitted Use
The Materials are made available for limited non-commercial, not-for-profit, personal, and educational purposes, such as teaching, research, student reports, commentary, or criticism, or other fair use as defined in the United States copyright laws. When using any copyrighted Materials, users should always provide attribution or credit to the author, photographer, and copyright owner of the Materials being used. None of the content may be downloaded, reproduced, transmitted, displayed, distributed, modified, or made into a derivative work or otherwise used for any other purpose (except for what has been described above) without prior written permission of aPA. Users may not remove any copyright, trademark, or other proprietary notices and may not modify the Materials. Downloading, copying, distributing, or otherwise using Materials for any commercial purpose is strictly prohibited.
No Warranties
The aPA does not warrant or represent that use of Materials displayed on the aPA site will not infringe the rights of third parties.
ALL MATERIALS ON THE aPA WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND NON-INFRINGEMENT.
The aPA will not be liable for any damages arising from any use or downloading of the Materials, nor for any damages to or viruses that may infect a user’s computer or other device resulting from use of the aPA website or from downloading any Materials. At its discretion, the aPA may discontinue or take down all or any part of the site or remove any Material at any time.
Permissions and Requests for Materials
Images of copyrighted works displayed on the aPA’s website are displayed in accordance with the Code of Best Practices in Fair Use for the Visual Arts by the College Art Association under the doctrine of fair use.
Users wishing to use any aPA Materials from the aPA website for purposes other than the “fair use/permitted use” described above, must receive prior written approval. Permission for such uses will be granted on a case-by-case basis at the sole discretion of the aPA or the appropriate rights holder and may incur fees. To obtain permission, please contact:
Association for Public Art
Phone: 215-546-7550
Fax: 215-546-2363
Email: apa@associationforpublicart.org
Read more on how to request images >>
Digital Millennium Copyright Law (“DMCA”)
The aPA is committed to complying with U.S. copyright and related laws, and requires all users of the aPA website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed should report their concern by providing notice to the aPA’s Designated Agent pursuant to Digital Millennium Copyright Law. If notice is provided by email, please send the notice to: apa@associationforpublicart.org. If notice is provided by mail, please send the notice to:
Association for Public Art
1528 Walnut Street
Suite 500
Philadelphia, PA 19102
Indemnities
In connection with your use of the aPA Site, you agree to abide by all applicable federal, state, and local laws. You further agree to indemnify and hold aPA and its affiliates harmless from any claims, liabilities, and expenses including attorney’s fees that may arise from your breach of these Terms of Use and your use of the aPA Site.