Terms of Use
Acceptance of Terms and Conditions
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The Black Artist Forward (“BAF”) provides this website (BlackArtistForward.com) and the Online Store (together, the “Black Artist Forward website”) in support of its charitable and educational mission to further the understanding and appreciation of black art by the public. BY ACCESSING THE Black Artist Forward WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). Black Artist Forward MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE Black Artist Forward WEBSITE NOW AND REFRAIN FROM FURTHER USE.
Protection of privacy
Black Artist Forward is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Black Artist Forward website is governed by Black Artist Forward’s Privacy Policy. Please note that the Black Artist Forward website is not specifically dedicated to children and Black Artist Forward does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Black Artist Forward website.
Trademarks
The names, titles, trademarks, service marks, and logos that appear on the Black Artist Forward website are registered and unregistered marks of Black Artist Forward, including but not limited to BAF, Black Artist Forward, and Black Artist Forward (“Black Artist Forward Trademarks”). You may not use the Black Artist Forward Trademarks without Black Artist Forward’s prior, written permission.
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The trademarks of third parties may also appear on the Black Artist Forward website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Black Artist Forward website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Black Artist Forward Trademarks or may be construed to mean that Black Artist Forward has authority to grant any right or license on behalf of any third party trademark owner.
All content is protected by copyright laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Black Artist Forward website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Black Artist Forward retains all rights it may hold, including copyright, in data, images, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Black Artist Forward. Black Artist Forward expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Fair use is permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image, and other files from Black Artist Forward’s website for such uses are welcome to do so without Black Artist Forward’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “https://www.BlackArtistForward.com.”
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By downloading, printing, or otherwise using text, audio, video, image, and other files from the Black Artist Forward website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Black Artist Forward’s or any other party’s proprietary rights.
Commercial use is prohibited
Unauthorized downloading, publication, or exploitation of Black Artist Forward’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from Black Artist Forward’s collection within North America (Canada, U.S., Mexico) should be addressed directly to Black Artist Forward, at 3274 Rosehill Rd Fayetteville NC 28301. Telephone (910) 444-1983; fax (910) 444-1983, blackartistforward@gmail.com.
Reservation of rights
All rights not expressly granted by Black Artist Forward herein are specifically and completely reserved. Nothing on the Black Artist Forward website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Black Artist Forward has authority to grant any right or license on behalf of any third party.
Unrestricted forums
Black Artist Forward at times may provide unrestricted forums on the Black Artist Forward website for the exchange of ideas and information by participants. Black Artist Forward does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Black Artist Forward website that you do not own, Black Artist Forward requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Black Artist Forward website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that are designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
Reviews and comments
You may have an opportunity to comment on or provide reviews of products purchased from Black Artist Forward stores. By submitting any such comments or reviews (the “Comments”) you hereby grant to Black Artist Forward a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, Black Artist Forward, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents, and releases that are necessary to grant to Black Artist Forward the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or Black Artist Forward’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
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Black Artist Forward may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements, and emails, and may include your first name and last initial as well as your Comment (or excerpted portions thereof).
Digital Millennium Copyright Agent
Black Artist Forward respects the intellectual property of others and asks users of the Black Artist Forward website to do the same. Black Artist Forward may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Black Artist Forward website of users who may be repeated infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Black Artist Forward’s Copyright Agent:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
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a description of the copyrighted work that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the Black Artist Forward website;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The Museum’s agent for notice of claims of copyright infringement can be reached as follows
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By mail:
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Black Artist Forward, 3274 Rosehill Rd Fayetteville NC 28301
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By email:
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Submissions
Any communication or material you post, transmit, or distribute to the Black Artist Forward website by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online Black Artist Forward event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you so transmit or post may be used by Black Artist Forward or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Black Artist Forward is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Black Artist Forward website or submit in any virtual or online Black Artist Forward event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and indemnification
By using the Black Artist Forward website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Black Artist Forward, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Black Artist Forward website.
DISCLAIMER OF WARRANTIES
Black Artist Forward PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION ARE AT YOUR OWN RISK. Black Artist Forward DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Black Artist Forward DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Black Artist Forward MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. Black Artist Forward ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER Black Artist Forward, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Severance and waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Black Artist Forward’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Black Artist Forward.
Venue and choice of law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Cumberland County and the State of North Carolina, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Entire agreement
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.