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Terms of Use

German American Artists (GAA) has created and maintains this Web site in support of its mission. Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable laws. By accessing , browsing, and/or submitting content to this website, you fully acknowledge and accept these terms and conditions. GAA may revise these terms and conditions at any time by posting an amended version on this website.

Copyright
GAA is committed to protecting the copyrights and other intellectual property rights of creative artists and others. GAA and its Artists retain all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this Web site (collectively "Materials"). GAA expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Materials on this Web site, except as described below.

General Use of Materials
Unauthorized reproduction, distribution, and exploitation of the Materials for personal or financial gain is not permitted. Anyone wishing to use any of the Materials for commercial purposes, including publication, or any purpose other than as set forth below, must request and receive prior written permission from GAA or the applicable Artist. Such permission may be granted on a case-by-case basis at the sole discretion of GAA or the applicable Artist. A license fee may be involved depending on the type and nature of the proposed use. Photographic and digital images of Materials or GAA art objects may also be available for license through the GAA office or the applicable Artist.

License to use Website
In accordance with applicable copyright laws, the Materials may be used for personal, educational, and non-commercial purposes without further permission, provided that the source of Materials is cited. Users must cite the Material as they would material from any printed work; the citation should include the URL "www.germanamericanartists.com" in addition to all copyright and other proprietary notices contained on or with the Materials. Certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by GAA. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and GAA will have no responsibility in connection with securing such necessary rights for any Materials.

Trademarks
The trademarks, trade names, logos and service marks ("Trademarks") displayed on this Web site are Trademarks of GAA. The Trademarks of third parties may also be displayed on the Web site and are the property of their respective owners. Nothing contained in this Web site grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of GAA or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

License to your Content
GAA does not claim ownership of any information, data, text, photographs, graphics, messages or other materials ("Content") you submit or make available for inclusion on this Web site. However, with respect to Content you submit or make available for inclusion on the Web site, you grant GAA a world-wide, royalty-free, sublicensable (through multiple tiers), and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Web site solely for the purpose for which such Content was submitted or made available, or to provide and promote the specific portion of the Web site to which such Content was submitted or made available.

Representation and Warranty
By posting or submitting Content to this Web site, you represent and warrant that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by GAA as licensed above will not infringe or violate the rights of any third party.

Indemnity
You agree to indemnify, defend and hold harmless GAA and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including reasonable attorney’s fees, that arise out of or in connection with any Content you submit, post, transmit or make available through the Web site, your violation of the Terms of Use, or your violation of any rights of another. The foregoing indemnification obligation shall survive any termination of the services provided to you.

Links
This Web site may contain links to third party Web sites. GAA is not responsible for any content of any linked Web site. GAA provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked Web site.

Disclaimer
GAA is under no obligation to monitor this Web site and assumes no responsibility or liability arising from content provided by any third party (including liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy). Notwithstanding the foregoing, GAA has the right in its sole discretion to pre-screen, refuse, or remove any Content that violates the Terms of Use or is otherwise harmful, objectionable, or inaccurate. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would violate any law or the rights of any person or entity. GAA will fully cooperate with any law enforcement authorities or court order requesting or directing GAA to disclose the identity of anyone suspected of posting any such information or materials.

Disclaimer of Warranties
THIS WEB SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAA DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GAA DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS THAT: (A) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (B) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; OR (E) THE WEB SITE OR MATERIAL ACCESSIBLE THROUGH THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE WEB SITE, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitations on Liability
IN NO EVENT WILL GAA OR ITS OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR PRIVACY POLICY, INCLUDING WITHOUT LIMITATION: (A) YOUR USE OR INABILITY TO USE THE WEB SITE; (B) YOUR RELIANCE ON ANY CONTENT ON THE WEB SITE; OR (C) ANY GOODS OR SERVICES ADVERTISED ON THE WEB SITE; EVEN IF GAA OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GAA’S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Jurisdiction
These terms and conditions are governed by the laws of the State of California including any conflicts of laws principless that may provide for the application of the laws of another state. Each party hereby consents to exclusive jurisdiction of the state and federal courts located in San Francisco, California.

Miscellaneous
These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous communications and agreements, written or oral, regarding this Web site. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by GAA to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of GAA. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of GAA and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com’s Internet site, services, or policies. German American Artists is not affiliated with SafetySurf.com.

Modifications to Artist Registry
GAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Artist Registry (or any part thereof) with or without notice. You agree that GAA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Artist Registry.

Notice and Procedure for making Claims of Copyright or Intellectual Property Infringement
GAA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied, distributed or used by GAA in a way that constitutes copyright infringement or infringement of other intellectual property rights, please provide GAA’s agent with the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of the site location of the claimed infringing material;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright or other intellectual property owner, its duly authorized agent, or the law;
  • A statement by you that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on the copyright or other intellectual property owner's behalf.

GAA’s agent for notice of claims of copyright or other intellectual property infringement relating to its side can be reached as follows:

Office Manager
German American Artists
1870 Ralston Ave
Belmont, CA 94002

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Termination
You agree that GAA may, under certain circumstances and without prior notice, immediately terminate your GAA account, and access to the Artist Registry. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Artist Registry (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your GAA account includes (a) removal of access to all offerings within the Artist Registry, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Artist Registry. Further, you agree that all terminations for cause shall be made in GAA's sole discretion and that GAA shall not be liable to you or any third-party for any termination of your account or access to the Artist Registry.