International Folk Art Market Terms and Conditions

Access to and use of this website and its contents are subject to the following terms and conditions and all applicable laws.

By using this website, you are indicating your acceptance to be bound by these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this website and service. The International Folk Art Market may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions. You are solely responsible for being in compliance with the current terms and conditions.

COPYRIGHT

The contents of the International Folk Art Market websites, whether partial or otherwise, such as text, graphics, images, multimedia, software, and other website content, are protected under both United States and foreign intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of the International Folk Art Market and is protected by U.S. and international copyright laws. Unauthorized use of the website content may violate copyright, trademark, and other laws.

The International Folk Art Market is committed to protecting the copyrights and other intellectual property rights of creative artists and others. The International Folk Art Market has taken all reasonable steps to ensure that reproductions of creative works on this website are produced according to applicable laws. Copyrights and other proprietary rights in the materials on this site may subsist in individuals and entities other than the International Folk Art Market. 

You hereby acknowledge and agree that subject to valid third-party rights, the International Folk Art Market retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the text, images, marks, data, and all other content contained in this website (collectively "Content"). The International Folk Art Market expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of any Content on this website, except for the purposes of fair use as defined in the copyright laws and as described below.

GENERAL USE

With the exception of fair use, unauthorized reproduction, distribution, and exploitation of the International Folk Art Market website Content is not permitted. Anyone wishing to use any of the Content within this site for any purpose other than fair use as set forth below must request and receive prior written permission from the International Folk Art Market. The International Folk Art Market reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of the International Folk Art Market. A usage fee may be involved depending on the type and nature of the proposed use. 

FAIR USE

In accordance with the applicable copyright laws, any materials authored by the International Folk Art Market may be used for limited personal, educational, and non-commercial purposes without permission provided that the source of the materials is cited. Unless otherwise noted, users who wish to download or print any materials authored by the International Folk Art Market from this website for such uses may do so without express permission. Users must cite the material as they would material from any printed work; the citation should include the URL from which the material is taken (such as "www.folkartmarket.org") in addition to all copyright and other proprietary notices contained on the materials. Note, however, that certain works of art, as well as photographs of those works of art, and photographs of artists, may be protected by copyright, trademark, or related interests not owned by the International Folk Art Market. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user, and the International Folk Art Market will have no responsibility in connection with securing such necessary rights for any materials on the website. Any use of Content that does not qualify as fair use is subject to the International Folk Art Market's prior written approval, and the user must request and receive such approval prior to any use.

NOTIFICATION OF CLAIMED INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyrighted work has been uploaded, posted, or copied to any International Folk Art Market websites and is accessible on the website in a way that constitutes copyright infringement, please notify the organization. The International Folk Art Market will investigate the matter and respond to you. You can contact the International Folk Art Market by e-mail: communications@folkartmarket.org. The International Folk Art Market will investigate the matter and respond to you. Please provide the International Folk Art Market with a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow the organization to locate the material or the activity; Your name, address, telephone number and, if you have one, your e-mail address; and an affidavit that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

LINKS TO OTHER SITES

The International Folk Art Market website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the International Folk Art Market. The International Folk Art Market is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

PRIVACY

Your privacy is important to the International Folk Art Market. All information gathered from you in connection with your use of this website will be governed by the provisions of the International Folk Art Market Privacy Policy. For more information, see the complete International Folk Art Market Privacy Policy.

USER SUBMISSIONS

The International Folk Art Market websites may include features that allow visitors to post comments or information. In such cases, the International Folk Art Market acts as a conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring material posted by users. The International Folk Art Market does not represent nor warrantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. The International Folk Art Market reserves the right to modify or delete postings that do not comply with these Terms and Conditions or the law and those which are abusive, illegal, or disruptive.

Users submitting to the International Folk Art Market websites are responsible for the consequences of their posting. By submitting to any International Folk Art Market website, you agree not to do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

DISCLAIMER

The International Folk Art Market is under no obligation to monitor this website and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website. Users are prohibited from posting or transmitting any unlawful materials, including libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, making a credible threat, or otherwise violate any law. The International Folk Art Market will fully cooperate with any law enforcement authorities or court order requesting or directing the International Folk Art Market to disclose the identity of anyone posting any such information or materials.

DISCLAIMER OF WARRANTIES

This website is provided to you "as is" and "as available" with no warranty. To the maximum extent permitted by law, the International Folk Art Market 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, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. The International Folk Art Market does not warrant or make any representations that: (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error-free; (c) the results or information that may be obtained from the use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessed through the website is free of viruses or other harmful components. International Folk Art Market websites may contain inaccuracies or typographical errors. Changes are made frequently to International Folk Art Market websites and may be made at any time. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. The International Folk Art Market makes no representations about the accuracy, reliability, completeness, or timeliness of any information on any International Folk Art Market website nor for any changes made to it.

LIMITATION OF LIABILITY

You expressly understand that in no event will the International Folk Art Market or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, 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: (a) your use or inability to use the website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; even if the International Folk Art Market or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

CONTROLLING LAW

These Terms and Conditions are governed by the substantive laws of the United States of America if applicable and the laws of the State of New Mexico, without respect to conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Santa Fe, New Mexico. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of any of these Terms and/or Conditions, including but not limited to the Term or Condition waived . These Terms and Conditions constitute the entire agreement between you and the International Folk Art Market with respect to the use of the International Folk Art Market websites. No changes to these Terms and Conditions shall be made or effective unless posted on this International Folk Art Market website.

MISCELLANEOUS

These Terms and Conditions express the complete understanding of the parties with respect to the subject matter hereof and supersede all prior and contemporaneous communications and agreements, written or oral, regarding this website. If any provision of the Terms and Conditions or Copyright Statement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of the Terms and Conditions and Copyright Statement shall remain in full force and effect. The failure by the International Folk Art Market 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 the International Folk Art Market. 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 the International Folk Art Market and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.

CONTACT

For questions, inquiries, or correspondence, please contact:

communications@folkartmarket.org 

The International Folk Art Market

620 Cerrillos Rd.

Santa Fe, New Mexico 87505