Artist Directory Terms Of Use
These Terms of Use exclusively govern the relationship between, and set forth the mutual obligations of, Philadelphia Mural Arts Advocates, Inc., a non-profit corporation organized under the laws of Pennsylvania (herein referred to as “Mural Arts Philadelphia” or “Mural Arts”) and each artist or arts organization (herein referred to as “You” or “Artist”) that agrees to permit their works and/or other information relating to Artist to be displayed on the online “Artist Directory” (as that term is defined below).
- The ”Artist Directory” is defined as the online informational directory maintained by Mural Arts on the Mural Arts Institute Website, and located at the link www.muralartsinstitute.com.
- By signing up for inclusion on the Artist Directory and submitting images and information pursuant to the instructions provided herein, Artist hereby agrees to these Terms of Use offered by, and binding upon, Mural Arts.
Signing Up Through Airtable, Submission Of Content
In order to be an Artist in the Artist Directory, You must fill out the provided form through Airtable.com located HERE.
- Through the provided form, You may submit profile information including Your name, a profile image (of Yourself or Your artwork), your social media links (if applicable), a brief biography [not to exceed 300 words and up to three (3) artwork images [not to exceed 2 MB in size, Your primary artistic practice, Your artistic medium or themes, and Your email address (collectively “Artist Content”).
- Mural Arts Philadelphia has the right to refuse to accept Artist Content for any reason or no reason.
Once accepted by Mural Arts, however, the Artist Content will be displayed to the public in the Artist Directory as submitted by the Artist without any editing by Mural Arts unless any such editing is approved by Artist in writing in advance.
Opt-Out/Termination Rights
- For any reason or no reason, Artist may opt out from inclusion in the Artist Directory and terminate the limited license granted herein to Mural Arts Philadelphia by providing the termination notice described herein.
- Should You wish to be removed from the Artist Directory and terminate the limited license granted herein, You must provide written notice to Mural Arts either by emailing institute@muralarts.org or mailing or otherwise delivering written notice to: Mural Arts Institute Mural Arts Philadelphia, 1727-29 Mt. Vernon St., Philadelphia, PA with a request to be removed from the Artist Directory (“Termination Notice”).
- Upon receipt of the Termination Notice, Mural Arts will remove all content provided by Artist as soon as practicable, but in no event later than 10 business days from receipt of the Termination Notice.
- Subject to the next sentence of this paragraph, Mural Arts may remove an Artist’s content at any time for any reason or no reason, provided, however, that Mural Arts will provide written notice to Artist of said removal as soon as practicable and in no event later than three business days following removal. Unless agreed to in writing by Artist in advance of modifying any of the Artist content, Mural Arts may not edit or modify any Artist content; Rather, Mural Arts’ only option is to remove the entirety of the Artist content.
Limited, Non-Exclusive License
- By submitting Artist Content to Mural Arts Philadelphia, You grant to Mural Arts Philadelphia a worldwide, non-exclusive, limited license to publicly display in the Artist Directory, and in online communications with the purpose of promoting the Artist Directory or Artists from the Artist Directory, said Artist Content accepted by Mural Arts Philadelphia, until such time as this agreement is terminated or one party hereto opts out pursuant to its terms.
- Mural Arts shall not have the right to sublicense, transfer or assign the limited license granted herein.
Ownership Of Rights
- All rights of any kind in and to any Artist Content, including, but not limited to copyrights are expressly reserved to the Artist and shall remain the sole and exclusive rights of the Artist, subject only to the limited non-exclusive license granted above.
- Mural Arts Philadelphia owns and retains all proprietary rights in any original elements of the Artist Directory that Mural Arts creates, including its arrangement of the Artist Content.
Copyright Infringement Claims
While Mural Arts Philadelphia takes commercially reasonable steps to ensure that the rights of Artists are not violated, Mural Arts Philadelphia has no obligation to pursue legal action against any alleged infringer of any of Your rights in and to any Artist Content. You hereby grant Mural Arts Philadelphia the right and authority to take such steps as Mural Arts Philadelphia deems commercially reasonable to protect the limited, non-exclusive license granted to it herein.
Model Releases
You agree to provide valid and accurate model releases for all images You contribute to Mural Arts Philadelphia that require said releases. You agree that You are solely responsible for retaining all original model releases and maintaining complete and accurate model release records. Model releases are to be electronically delivered to Mural Arts Philadelphia with the images when submitting images through the provided Airtable.com form.
Representations And Warranties
You represent and warrant that:
- (A) You have the full right, power and authority to enter into this agreement and to fully perform all of Your obligations hereunder;
- (B) You are under no legal disability or contractual restriction that prevents You from entering into this agreement;
- (C) The images and all parts thereof are owned and/or controlled by You, unencumbered and original works;
- (D) If the images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;
- (E) If the images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;
- (F) The images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
- (G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the images or which might in any way impair the rights granted by You hereunder.
Indemnification
- You agree to indemnify and hold Mural Arts Philadelphia harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach of any of your representations or warranties or any of your obligations under this agreement.
Miscellaneous
- This agreement contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter. This agreement may not be modified except by express written agreement of Artist and Mural Arts.
- The validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, and related matters shall be governed by the internal laws of the State of Pennsylvania (without reference to choice of law doctrine).
