LAST UPDATED: Oct 15, 2014
Copyright and Intellectual Property Policy
The Global Fine Art Awards program (“GFAA”) has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. GFAA will respond to notices of this form from jurisdictions other than the U.S. as well. The address of GFAA’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
GFAA may act expeditiously to respond to a proper notice by removing or disabling access to material claimed to be subject of infringing activity. If GFAA removes or disables access to material in response to such a notice, GFAA will make a good-faith attempt to contact the allegedly infringing party who provided the material to GFAA (“Member”) so that the party may make a counter notification.
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting GFAA.
If you believe that material residing on or accessible through the GFAA web site infringes a copyright or other intellectual property right, to provide GFAA of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to firstname.lastname@example.org). Please specify the type of infringement at issue and the notice must include the following information:
When removing material from the site, GFAA will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, GFAA may remove or disable access to the material infringing upon the intellectual property. If GFAA removes or disables access to content in response to an infringement notice, GFAA will make reasonable attempts to notify the Member that GFAA has removed or disabled access to the material. Repeat offenders will have all material they have provided to GFAA removed from the web site.
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting GFAA.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information to the Designated Agent listed below.
If a counter-notice is received by the Designated Agent, GFAA may send a copy of the counter-notice to the original complaining party informing that person that GFAA may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at GFAA’s discretion.
Please contact GFAA’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email: email@example.com (preferred), or at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Global Fine Art Awards
Attn: Ms. Judy Holm
1602 Alton Road, Suite 87
Miami, Florida 33139
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are award participants, vendors, customers, or contributors of content, information and other materials or services on the Site.
You agree to comply with all local laws regarding acceptable content. In addition, you must abide by GFAA’s policies as stated in the Agreement and the GFAA policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by GFAA, each of which is incorporated herein by reference and each of which may be updated by GFAA from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by GFAA from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
You are solely responsible for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit to GFAA or direct or permit GFAA to post or display.
Restricted Activities: Your Content shall not:
Re-Posting Content: By posting Content on GFAA, it is possible for an outside web site or a third party to re-post that Content. You agree to hold GFAA harmless for any dispute concerning this use. If you choose to display your own GFAA-hosted image on another web site, the image must provide a link back to its listing page on GFAA.
Idea Submissions: GFAA considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content) (collectively, the “Material”) to be non-confidential and non-proprietary, and GFAA shall not be liable for the disclosure or use of such Material. If, at GFAA’s request, any user sends Material to improve the site (for example through customer support), GFAA will also consider that Material to be non-confidential and non-proprietary and GFAA will not be liable for use or disclosure of the Material. Any communication by you to GFAA is subject to this Agreement. You hereby grant and agree to grant GFAA, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise.
GFAA is not responsible for the availability of outside web sites or resources linked to or referenced on the Site. GFAA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that GFAA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or resources.
Disputes with GFAA: In the event a dispute arises between you and GFAA, please contact GFAA . Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Dade County, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Florida. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and GFAA agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Global Fine Art Awards and GFAA graphics, logos and Site designs, page headers, button icons, scripts, and service names are trademarks or trade dress of GFAA or GFAA founder Judy Holm (“Founder”) in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Much of the information on GFAA is updated on a real-time basis and is proprietary or is licensed to GFAA by third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access GFAA for any purpose whatsoever, without GFAA’s prior express written permission. Additionally, you agree that you will not:
GFAA, FOUNDER AND GFAA’S SUPPLIERS PROVIDE GFAA’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GFAA, FOUNDER AND GFAA’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GFAA SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL GFAA, FOUNDER OR GFAA’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GFAA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GFAA’S LIABILITY, AND THE LIABILITY OF FOUNDER AND GFAA’S SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
YOU AGREE TO INDEMNIFY AND HOLD GFAA AND FOUNDER HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
GFAA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside GFAA’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any GFAA program.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and GFAA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Content; License), 4 (Other Resources), 5 (Resolution of Dispute and Release), 6 (GFAA’s Intellectual Property), 7 (Access and Interference), 8 (Breach), 9 (No Warranty), 10 (Liability Limit), 11 (Indemnity), 12 (No Guaranty), 14 (Severability), 15 (No Agency), 17 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Global Fine Art Award; Attn: Judy Holm; 1602 Alton Road, Suite 87; Miami, Florida 33139 (in the case of GFAA) or, in your case, to the email address you provide to GFAA. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, GFAA may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GFAA. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in GFAA’s Copyright and Intellectual Property Policy.
Effective Date: October 14, 2014
Materials published on this website are intended for reference and educational use only.
If you are the copyright owner and believe our website has not properly attributed your work to you or has used it without permission, we want to hear from you. Please contact the GFAA with your contact information.
View more information about copyright law from the U.S. Copyright Office
PERSONAL INFORMATION WE COLLECT
“Personal Information” is information that identifies, relates to, describes, or is capable of being associated with you as an individual. Non-personal information, in contrast, is any information that does not reveal your specific identity, or cannot be used to permit the physical or online contacting of you. We collect Personal Information, and non-personal information, in two ways: 1) active collection, and passive collection. Our collection, use, and disclosure of information collected passively is addressed below under the heading “Technical Information”.
We and our service providers may request that you submit the following Personal Information:
Postal address (including billing and shipping addresses)
Credit and debit card number
HOW WE USE SUBMITTED INFORMATION
We and our service providers may use Submitted Information:
To respond to your inquiries and fulfill your requests, including to contact you if necessary;
To process and fulfill your order, for example by confirming your event ticket order and your billing and shipping information, processing your payments, and communicating with you regarding your order;
To send to you important information regarding the Site, changes to our terms, conditions and policies and other administrative information;
To send to you information by email, postal mail, telephone and other means about our products, services, contests, and other promotions;
To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us;
To allow you to send messages to a friend through the Site (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and email address for such purpose);
To analyze trends and statistics in connection with our businesses and Internet properties;
To protect the security or integrity of our businesses and Internet properties; and
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain.
HOW SUBMITTED INFORMATION IS DISCLOSED
To our third-party service providers, who provide services such as website hosting, data analysis, payment processing, order fulfillment, IT services and infrastructure, customer service, email delivery and administration, credit card processing, auditing and other similar services to enable them to provide services;
To our subsidiaries and affiliated entities (collectively, our “Affiliates”) for marketing and other purposes;
To selected third parties (“Promotional Partners”), to permit them to send to you marketing communications. We seek to select as Promotional Partners only reputable companies that offer what we believe to be high-quality products and services;
To third-party sponsors of contests, and similar promotions;
To identify you to anyone to whom you send messages through the Site;
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to visitors to the Site and to the general public; we urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site);
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
TECHNICAL INFORMATION WE COLLECT
“Technical Information”may be Personal Information or non-personal information. It is generated and collected as a part of your use of technology to access the Site, such as:
Server log files
Information collected through cookies, pixel tags and other technologies
Demographic information and other non-personally identifiable information provided by you and
HOW WE COLLECT TECHNICAL INFORMATION
We and our third-party service providers may collect Technical Information in a variety of ways, including:
Through your browser:Certain information is collected by most browsers, such as your Media Access Control (“MAC”) address, computer type (Windows or Macintosh), screen resolution, and the type and version of your operating system and browser.
Through server log files:An Internet Protocol (“IP”) address is a number that is automatically assigned to a computer by an Internet Service Provider (“ISP”), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site.
Flash Local Stored Objects:We and our service providers may use a third-party technology, called Flash, in connection with the Site or our online content. Flash provides a facility, referred to as Local Stored Objects (“LSO”), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual’s computer; for example, Flash LSOs can be used to store information regarding an individual’s computer. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
Using pixel tags and other similar technologies:Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some Site pages and HTML-formatted email messages to, among other things, render the Site pages to you on various hardware devices and operating system versions, track the actions of Site users and email recipients, measure the success of marketing campaigns and compile statistics about Site usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a Site visitor, and the IP address, browser type and operating system of such visitor’s computer.
From you:We and our service providers may collect demographic information such as your location, as well as other information, such as your preferred means of communication, your gender and your date of birth, when you voluntarily provide this information to us or our service providers. You may also have the opportunity to provide us with information regarding major events such as weddings, child births and the purchase of a new home. We also maintain a record of your orders, purchases, exchanges, returns, wish lists and gift registries in connection with the Site or our businesses. Unless combined with Personal Information, this information does not personally identify you or any other customer or potential customer of our businesses.
By aggregating information: We and our service providers may aggregate Personal Information collected from our customers and potential customers, for example by using Personal Information to calculate the percentage of such individuals who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other customer or potential customer.
HOW WE USE AND DISCLOSE TECHNICAL INFORMATION
Where Technical Information is non-personal information, we may use and disclose such information for any purpose. In some instances, we may combine non-personal information with Personal Information (such as combining your name with your zip code). If we combine any non-personal information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.
USE OF INFORMATION FOR MARKETING AND PROMOTION RELATED PURPOSES
By supplying us with Personal Information, you understand and agree that it may be used to provide you with marketing and/or promotional information and materials (including but not limited to via United States mail, e-mail, and/or phone and/or text message(s)) about our products or services. You are voluntarily providing this information and hereby expressly grant us the right to use the information supplied for such purposes. Please note that we reserve the right to utilize the information you provide to us for our marketing and/or promotional purposes, and to determine how to better communicate with our customers in our sole discretion. The provision of Personal Information is not a condition for engaging in a credit and/or debit card transaction, and is a voluntary program that has no association with any particular form of transaction or method of payment. Also, you can always withdraw your consent by using the mechanisms described below in the Choices & Access section.
THIRD PARTIES AND THIRD PARTY SITES
We may use third-party advertising companies to serve ads when you visit the Site. Please note that these companies may use information about your visit to the Site to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.
DO NOT TRACK
Several major browsers have implemented the World Wide Web Consortium’s (“W3C”) “Do Not Track” (“DNT”) technical specification. This technical specification has not been finalized by the W3C and is consequently not consistently deployed. The Site is not compatible with the DNT specification. However, there are several other mechanisms by which our customers may make their preferences regarding interest based advertising known. If you would like more information about these mechanisms, and how to use these mechanisms, please visit http://networkadvertising.org/optout_nonppii.asp.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer (“SSL”) technology for the placement of orders. Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please exercise caution in submitting Personal Information via the Site, especially if you are accessing the Site using a WiFi hotspot or public network. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised, or if you are unable to utilize our Site-related SSL technology), please immediately notify us of the problem and place any orders with us over the telephone or in person, instead of using the Site. You may contact us in such circumstances in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving emails from us:If you no longer want to receive promotional emails (such as information about events) from us on a going-forward basis, you may opt-out of receiving such communications by email by contacting us in accordance with the “Contacting Us” section of this Site. When so contacting us, please be sure to include your full name and the email We will seek to process your requests regarding promotional emails within 10 business days.
Our sharing of your Personal Information with Affiliates, Promotional Partners and other third parties for their marketing purposes: If you no longer want us to share your Personal Information on a going-forward basis with our Affiliates, Promotional Partners and other third parties for their marketing purposes, you may opt-out of such sharing by contacting us in accordance with the “Contacting Us” section below. In so contacting us, please be sure to include your full name and the contact information that you no longer wish to be shared, and state specifically whether you wish to opt-out of such sharing with (a) Affiliates, (b) Promotional Partners and other third parties, or (c) both. We will seek to process your request within 90 days.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our Affiliates, Promotional Partners and other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt-out from receiving such administrative messages. For example, when you place an order, we will continue to confirm your order and shipment status by email. We may also need to contact you via telephone, email or postal mail with information or questions regarding your order.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
We welcome your willingness to update your information with us. You may review or ask us to update your Personal Information by contacting us in accordance with the “Contacting Us” section below. In your request, please make clear what information you would like to have changed.
We will try to comply with your request as soon as reasonably practicable. We are not responsible for changing information in the databases of Affiliates, Promotional Partners and other third parties with whom we have already shared your Personal Information.
USE OF SITE BY MINORS
The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site.
The Site is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.