Terms and Conditions of Use

Terms and Conditions of Use

Terms & Conditions of Use

The Incredible Art Department (Hereafter referred to as IAD) is run as a sole proprietorship under the owner, Ken Rohrer. Ken Rohrer owns and operates incredibleart.org (the "Website"), a website that provides free educational resources via the Internet.

 

IAD provides its services to you (the "User") subject to the following Terms and Conditions of Use (the "Terms"). The Terms may be updated and/or revised from time to time by IAD without notice to the User, and such Terms become effective when posted. Please be aware that it is the User's responsibility to regularly review the Terms to stay informed of any changes or revisions.

 

In consideration of using the Website, the User is bound by Part A of these Terms, which contains provisions applicable to ALL Users, including casual visitors to the Website.

 

Submissions

When submitting a file or idea to IAD, the author grants IAD a royalty-free, non-expiring, sub-licensing right to use their file and/or idea on this website. IAD may have to edit the submission to fit on a page or add information that might enhance the lesson or rearrange them on the website. Files or information submitted to IAD may be removed from IAD if the ownership and copyright is challenged by a third party. The process for doing this is listed below. Submissions may be edited by the author after publication to update any information if they choose. IAD will never sell your submissions and if anyone asks to reprint your material elsewhere, they will be directed to get permission from you. If you have any questions about this arrangement feel free to e-mail us.

 

Part A: Provisions Applicable to All Users

The following provisions shall apply to all Users, including without limitation each teacher (individually a "Teacher" and collectively, "Teachers") each child artist (individually, an "Artist" and collectively, "Artists"), each parent or legal guardian of an Artist (individually, a "Parent" and collectively, "Parents"), and all other visitors to the Website:

 

1. Permitted Uses

As an educational Website catering to schools, teachers, kids, homeschoolers and parents, IAD provides a unique set of services for visitors to the Website. The following uses are explicitly permitted:

* Except as otherwise limited by these Terms or by IAD, individuals, organizations, schools and businesses are free to use the Website for any lawful purpose that furthers the interests of children or education as determined by IAD. The images and text may NOT be placed on the internet for others to see.
* The materials posted on the Website or list group, including both text and graphics, may be accessed, downloaded or sent to a printer solely for the User's personal, private, non-commercial, and lawful use. If used in the classroom setting, images and content may be shared with students.


2. Prohibited Uses

Prohibited uses of the Website include without limitation the following:

* No text, graphics or other material or content available on this Website may be copied, modified or distributed for commercial purposes without prior written permission from IAD and the submitting artist and/or teacher. In the event that the submitter is not available to grant permission and an honest effort has been made to contact them, then IAD will make that determination.

*No text, graphics or other material or content available on this Website may be copied, modified or distributed online on forums or websites.
* Some pages on the Website provide Users with an opportunity to exchange ideas and information. The ideas and information posted on those pages do not necessarily reflect the views of IAD. While using these pages, Users may not upload, post, transmit, email, or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable. Users also are prohibited from uploading, posting, transmitting, emailing or otherwise distributing any material that invades another's privacy or publicity rights, or that infringes on any party's trademark, copyright or other intellectual property rights. IAD reserves the right to remove any content from the Website at any time and for any reason in its sole discretion.
* Submitters may not impersonate any person or entity on the Website, including, without limitation Artists whose work is featured on the Website, or any Teacher or Parent of such Artists.
* Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to IAD or through the Website is prohibited.
* Users covenant and agree that their use of the Website and IAD's services will not harm minors in any way. Without limiting the foregoing, each User specifically covenants and agrees that without it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.
* Users may not advertise or solicit on the pages of the Website or list group without IAD's prior written permission.
* All Users including Teachers and Parents must provide accurate information in the name fields, address fields and any other fields provided on the Website. Users are forbidden from providing false email addresses to IAD.
* Users may not transmit any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation to IAD or to Users through the Website or list group.
* IAD posts the names of participating schools and Teachers for identification purposes only. Copying this information, either manually or through automated software programs, for the purposes of targeted marketing or solicitation is prohibited.

 

3. Links to Third-Party Websites

Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. While IAD attempts to ensure that the content available at such links is not offensive or objectionable, IAD is neither liable nor responsible for any content or information on third-party websites. Furthermore, because IAD has no control over the owners or content of the third-party websites to which its Website links, IAD does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers. If you find an inappropriate link, please e-mail Ken Rohrer immediately.

 

4. Special Admonitions for International Use

Recognizing the global nature of the Internet, Users agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, and without limitation, users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

 

5. Disclaimer of Warranty. [Time for the required legal jargon] USERS ACKNOWLEDGE AND EXPRESSLY AGREE THAT:

1. USE OF IAD'S SERVICE (THE "SERVICE") IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. IAD MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH IAD AND ITS WEBSITE WILL MEET THE USER'S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM IAD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

 

6. Limitation of Liability

NEITHER IAD NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO IAD AND/OR ANY USER'S USE OF THE WEBSITE.

 

7. Indemnity

By using this Website, the User agrees to indemnify, defend, and hold IAD and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User's breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.

 

8. Geographic Coverage and Jurisdiction

Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that they are solely responsible for complying with all local laws in force in the jurisdiction where they are located. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Illinois having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force.

 

9. Copyright Claims

If you believe that your work has been copied in artwork, lesson plans / lesson plan starters, or any other material appearing on this Website in a manner that constitutes copyright infringement, you may submit a notification to IAD pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Ken Rohrer with information in accordance with the following instructions:

To notify IAD of an alleged copyright infringement, you will need to send a written communication that includes the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) concerning these requirements):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
* An explicit identification of the copyrighted work(s) claimed to have been infringed.
* An explicit identification of the allegedly infringing material that is to be removed from the Website, along with information reasonably sufficient to permit IAD to locate the material at the Website.
* Information reasonably sufficient to permit IAD to contact the complaining party, including an address, telephone number, and email address at which the complaining party may be contacted.
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Such written notice should be sent to IAD as follows:
Ken Rohrer

DMCA Complaints
5845 Iron Oaks Ct.
Indianapolis, IN 46237


If a User elects to send us a counter notice after having been notified of a copyright claim submitted to IAD in accordance with the DMCA complaint provisions above, to be effective, it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) concerning these requirements):

* A physical or electronic signature of the parent or legal guardian of the Artist whose artwork was removed from the Website as a result of a copyright claim.
* An explicit identification of the material that has been removed and the location on the Website at which the material appeared before it was removed or access to it was disabled.
* A statement under penalty of perjury that the Artist's parent or legal guardian has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled.
* The submitting parent or legal guardian's name, address, and telephone number, and, if the parent or legal guardian's address is outside of the United States, a statement indicating that (i) the parent or legal guardian consents to jurisdiction in the United States District Court for the Northern District of Illinois and (ii) will accept service of process from the complainant or its agent.

 

Such written notice should be sent to our designated agent as follows:
Ken Rohrer

DMCA Complaints
5845 Iron Oaks Ct.
Indianapolis, IN 46237

 

IAD may remove artwork, lesson plans / lesson plan starters, or any other material from the Website at any time without notice, and IAD will terminate User privileges in appropriate circumstances, including without limitation by terminating the User privileges of Users who are the subject of repeated copyright claims.

 

10. Contact Information.

 

For additional information, contact us via this form or by mail at:
Ken Rohrer

Incredible Art Department
5845 Iron Oaks Ct.
Indianapolis, IN 46237

 

Part B: Additional Provisions Applicable to Teachers

 

11. Content Submitted by Teachers

The Teacher is responsible for obtaining any necessary approvals from their school's authorities and administrators before showcasing their students' artwork on the Website. Under no circumstances will IAD be liable for the Teacher's failure to consult their school's authorities and administrators or for failing to obtain the necessary permission to post students' artwork or others' lesson plans / lesson plan starters on the Website. The Teacher covenants and agrees that, before posting any materials, they will obtain permission from the Parents of their students or others whose artwork, lesson plans / lesson plan starters, or other materials are posted. When a teacher or website visitor submits lessons, files, or images to the list group or website, they are granting IAD permission to place their material online in perpetuity with no conditions. Lessons submitted to the art education list group may also be posted on this website by IAD and/or Ken Rohrer.

 

12. If a Teacher chooses to upload class artwork to the Website or list group, the following conditions and restrictions apply:

* Because the Website is directed to children and visitors of all ages, Teachers may not submit artwork, links, or other material that is unsuitable for viewing by children; including without limitation artwork that is sexually explicit, or that depicts nudity or violence.
* Teachers may not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.
* The Teacher is solely responsible for reviewing all artwork and other material prior to submission to ensure that it does not display the Artist's last name. IAD is not liable or responsible for artwork or other material submitted by a Teacher that depicts the last name of the Artist or other such personally identifiable information.
* IAD reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole discretion. In all cases, IAD's decision shall be final.

 

13. If a Teacher chooses to submit a lesson plan and/or images or files to the website, the following conditions and limitations apply:

* Teachers may not submit lesson plans that contain copyrighted materials or trademarks owned by others, including material that could infringe on the intellectual property rights of third parties.
* IAD reserves the right to refuse any lesson plan, content, or other material that is submitted for display on the Website for any reason and in its sole discretion. In all cases, IAD's decision shall be final.

 

14. Licensing

IAD teachers or other submitters retain ownership of their lesson plans or other content. However, by submitting a lesson plan or other file, the Teacher grants to IAD on behalf of themselves and their school district the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, in whole or part, edit, add to, modify, and rearrange submitted lesson plan on or in connection with the website, The Incredible Art Department.. Your submissions will NOT be sold by IAD or any permission given to any publisher the rights to publish any submissions without the express consent of the submitter. Your lessons will always remain free to the public and no membership fee will be paid in order to view your submissions.

 

15. Comments Left For Artists:

In the event IAD Website visitors leave comments for the Artists or teachers, IAD is not responsible for the content of comments submitted by Users, and IAD makes no warranties, express or implied, that every comment will be to the liking of Parents, Teachers or Artists. Although IAD screens submissions, technology does have glitches at times.

The Teacher acknowledges that IAD may remove any comment(s) in its sole discretion and may permanently disable this feature on a school-wide basis at any time and in its sole discretion.

 

16. Comments Left For Teachers:

IAD enables its Website visitors to leave comments for Teachers. IAD is not responsible for the content of comments submitted by Users, and IAD makes no warranties, express or implied, that every comment will be to the liking of Teachers. Although IAD screens submissions, technology does have glitches at times.

The Teacher understands that if they ever need to permanently disable the ability to receive comments, they can do so by contacting IAD.

 

The Teacher acknowledges that IAD may remove any comment(s) in its sole discretion and may permanently disable this feature on a school-wide basis at any time and in its sole discretion.

 

Part C: Additional Provisions Applicable to Parents

In addition to the provisions of Part A of these Terms, the following provisions shall apply to Parents:

 

17. Viewing and accessing artwork from a Parent's child

The Parent can view their child's artwork on the Website, and may request that any or all of their child's artwork be removed from the Website at any time. IAD will remove any artwork of the Parent's child within 14 days after receiving the Parent's written request for removal. However, IAD reserves the right to continue to display the child's artwork in any brochures, articles or any other materials that IAD had prepared before the request was received.

 

18. Content Submitted by Parents

* Because the Website is directed to children and visitors of all ages, the Parent is not allowed to submit artwork that is unsuitable for viewing by children, including without limitation, artwork that is sexually explicit or that depicts nudity or violence.
* The Parent may not submit artwork that depicts or contains the copyrighted materials or trademarks owned by others including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.
* IAD is not liable or responsible for artwork submitted by a Parent that depicts the last name of the Artist.
* IAD reserves the right to refuse any artwork that is submitted for display on the Website or Art Education List Group for any reason and in its sole discretion. In all cases, IAD's decision shall be final.

 

19. Comments Left For Artists or Teachers

IAD allows its Website visitors to leave comments for Artists on its blog in furtherance of its mission to encourage public discource, help boost childrens' pride and self-esteem and to encourage creativity. IAD is not responsible for the content of comments submitted by Users, and IAD makes no warranties, express or implied, that every comment will be to the liking of Parents, Teachers or Artists. Although IAD screens submissions, technology does have glitches at times.

 

Because the Parent must review and authorize each comment submitted by their child before it is posted to the Website, the Parent is solely responsible for all comment content approved for posting on the Website. IAD is neither liable nor responsible for any damages, direct or indirect, arising from any comment content posted to the Website.

 

The Parent acknowledges that if they ever wish to remove a comment, or permanently prevent their child from receiving comments, they can do so by contacting IAD.

 

The Parent acknowledges that IAD may remove any comment(s) from the Website at any time and in its sole discretion and that IAD may permanently disable the comment feature for a visitor at any time and in its sole discretion.

 

20. Privacy Policy

We take your privacy seriously. This policy describes what personal information we collect and how we use it. (This privacy policy is applicable to The Incredible Art Department.)

 

Routine Information Collection

All web servers track basic information about their visitors. This information includes, but is not limited to, IP addresses, browser details, timestamps and referring pages. None of this information can personally identify specific visitors to this site. The information is tracked for routine administration and maintenance purposes, and lets me know what pages and information are useful and helpful to visitors.

 

Cookies and Web Beacons

Where necessary, this site uses cookies to store information about a visitor's preferences and history in order to better serve the visitor and/or present the visitor with customized content.

Advertising partners and other third parties may also use cookies, scripts and/or web beacons to track visitors to our site in order to display advertisements and other useful information. Such tracking is done directly by the third parties through their own servers and is subject to their own privacy policies.

 

Controlling Your Privacy

Note that you can change your browser settings to disable cookies if you have privacy concerns. Disabling cookies for all sites is not recommended as it may interfere with your use of some sites. The best option is to disable or enable cookies on a per-site basis. Consult your browser documentation for instructions on how to block cookies and other tracking mechanisms.

 

Special Note About Google Advertising

Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Learn how to opt out of Google's cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies.

 

About Google advertising: What is the DoubleClick DART cookie? The DoubleClick DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads. When users visit an AdSense publisher’s website and either view or click on an ad, a cookie may be dropped on that end user’s browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

 

Contact Information

Concerns or questions about this privacy policy can be directed to The Incredible Art Department.



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