About Us

Mission Statement
Terms of Use
Privacy Policy
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Welcome to AmericanArtGallery.org!

This resource of fine arts was created for reference and educational purposes and to help many people, who live far away from big cities, learn more about our common heritage. It is currently limited to American paintings created from 17th century to the early 20th century.

The site content was aggregated from different Internet sites, including well-known museums, auction houses, private galleries, and is intended solely for non-commercial and educational use. Needless to say, each aggregated image is accompanied by the source and full credit to the site it was taken from.

Updated on May 12, 2011

1. Your Acceptance

1. By using or visiting AmericanArtGallery.org website (hereafter "The Gallery") you signify your agreement to (1) these terms and conditions (the "Terms of Use") and (2) the Gallery's privacy policy. If you do not agree to any of these terms, or the Gallery's privacy policy, please do not use this website.

2. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. The Gallery may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. Service

1. These Terms of Use apply to all users of this website, including users who are also contributors of Content on this website. "Content" includes the text, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to this website.

2. This website may contain links to third party websites that are not owned or controlled by The Gallery. The Gallery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Gallery will not and cannot censor or edit the content of any third-party site. By using this website, you expressly relieve the Gallery from any and all liability arising from your use of any third-party website.

3. Accordingly, we encourage you to be aware when you leave this website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Gallery Accounts

1. In order to access some features of this website, you will have to create an account with the Gallery. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Gallery immediately of any breach of security or unauthorized use of your account.

2. Although the Gallery will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Gallery or others due to such unauthorized use.

4. Permissions and Restrictions

The Gallery hereby grants you permission to access and use this website as set forth in these Terms of Use, provided that:

1. The Content is available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws.

2. You agree not to distribute in any medium any part of this website or the Content without the Gallery's prior written authorization.

3. You agree not to alter or modify any part of this website.

4. You agree not to access Content through any technology or means other than those the Gallery may designate.

5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses this website in a manner that sends more request messages to the Gallery website in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, the Gallery grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Gallery reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from this website, nor to use the communication systems provided by this website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of this website with respect to their Content.

6. In your use of this website, you will comply with all applicable laws.

7. The Gallery reserves the right to discontinue any aspect of this website at any time.

5. Your Use of Content

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of Content.

1. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this website and as permitted under these Terms of Use. You may download artwork image files for your own use, subject to any additional terms or restrictions which may be applicable to the individual file. You must, however, cite the author and source of the Materials as you would material from any printed work, and the citations should include the URL "www.americanartgallery.org". Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. The Gallery and its licensors reserve all rights not expressly granted in and to this website and the Content.

2. You agree not to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any Content or enforce limitations on use of this website or the Content therein.

3. You understand that when using this website, you will be exposed to Content from a variety of sources, and that the Gallery is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gallery with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Gallery, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of this website.

6. Your Content and Conduct

1. As an account holder with the Gallery you may submit Content to this website, including artwork images and user comments. You understand that the Gallery does not guarantee any confidentiality with respect to any Content you submit.

2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on this website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Gallery all copyright or other proprietary rights in and to such Content for publication on this website pursuant to these Terms of Use.

3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Gallery, you hereby grant the Gallery a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with this website and the Gallery's business, including without limitation for promoting and redistributing part or all of this website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of this website a non-exclusive license to access your Content through this website, and to use such Content as permitted through the functionality of this website and under these Terms of Use. The above licenses granted by you in Content you submit to this website terminate within a commercially reasonable time after you remove or delete your materials from this website. You understand and agree, however, that the Gallery may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

4. You further agree that Content you submit to this website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Gallery all of the license rights granted herein.

5. You further agree that you will not submit to this website any Content or other material that is contrary to applicable local, national, and international laws and regulations.

6. The Gallery does not endorse any Content submitted to this website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Gallery expressly disclaims any and all liability in connection with Content. The Gallery does not permit copyright infringing activities and infringement of intellectual property rights on this website, and the Gallery will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Gallery reserves the right to remove Content without prior notice.

7. Account Termination Policy

1. The Gallery will terminate a user's access to this website if, under appropriate circumstances, the user is determined to be a repeat infringer.

2. The Gallery reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Gallery may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use.

8. Digital Millennium Copyright Act

1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit this website provider to locate the material;

Information reasonably sufficient to permit this website provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have 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; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Gallery's designated Copyright Agent to receive notifications of claimed infringement is DMCA Compliance Dept., P.O. Box 28615, Emeryville, CA 94608, email: copyright@americanartgallery.org.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Gallery customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Gallery may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Gallery's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GALLERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. THE GALLERY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE.

THE GALLERY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE GALLERY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL THE GALLERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE GALLERY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

This website is controlled and offered by the Gallery from its facilities in the United States of America. The Gallery makes no representations that this website is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Gallery, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(i)your use of and access to this website;

(ii) your violation of any term of these Terms of Use;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this website.

12. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are under 13 years of age, then please do not use this website without your parents or legal guardian.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gallery without restriction.

14. General

You agree that:

(i) this website shall be deemed solely based in California; and

(ii) this website shall be deemed a passive website that does not give rise to personal jurisdiction over the Gallery, either specific or general, in jurisdictions other than California.

These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Gallery that arises in whole or in part from this website shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Use, together with the Privacy Policy and any other legal notices published by the Gallery on this website, shall constitute the entire agreement between you and the Gallery concerning this website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Gallery's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Gallery reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of this website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND THE GALLERY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Updated on October 6, 2011

1. Personal Information

Browsing Content. You can browse content on AmericanArtGallery.org (hereafter "The Gallery") without having an account. You also can contact us by emailing us directly without having to register for an account.

Gallery Account. For some activities on the Gallery, like uploading, flagging, or watching restricted content as well as posting to the blog you need a Gallery account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access.

Usage Information. When you use the Gallery, we may record information about your usage of the site, such as type of content you browse and information you display about yourself as well as information you click on in the Gallery (including UI elements, settings).

Content Uploaded to Site. Any content that you voluntarily disclose online (e.g., artwork, your profile page) may be collected and used by others.

If you submit personal information to the Gallery, we may use that information to operate, maintain, and improve the features and functionality of the Gallery, and to process any flagging activity or other communication you send to us. We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major website changes or for customer service purposes). You can also choose how often the Gallery sends you email updates in your User Settings page. We use cookies and log file information to:

(a) store information so that you will not have to re-enter it during your visit or the next time you visit the Gallery;

(b) provide custom, personalized content and information;

(d) track your entries, submissions, and status in promotions, sweepstakes, and contests.

2. Visibility to the Others

When you create an Gallery account, some information about your Gallery account and your account activity will be provided to other users of the Gallery. This may include the date you opened your Gallery account, the date you last logged into your Gallery account, your age (if you choose to make it public), the country and the content you have watched. Your Gallery account name, not your email address, is displayed to other users when you engage in certain activities on the Gallery, such as when you creation of artist profiles. Other users can contact you by leaving a message or comment on the site. Any content that you submit to the Gallery may be redistributed through the internet and other media channels, and may be viewed by other Gallery users or the general public. You may also choose to add personal information which may include your real name and other details that will be visible to other users on your personal page.

3. Your User Settings

If you have a Gallery account, you may update or correct your user settings, email preferences and privacy settings at any time by visiting My Account page. You may control the information that is available to other by updating your User Settings.

4. More Information

American Art Gallery, LLC adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce's web site.

For questions concerning the product or your account, please check out the Help page. For more information about our privacy practices, email to us at: info@americanartgallery.org