Introduction
Welcome to Easel Street Alliance. By using the services on the Easel Street Alliance
website, www.esacharityart.org, you are agreeing to the following terms with Easel
Street Alliance.
Easel Street Alliance is organized exclusively for charitable purposes under section 501(c)3) of
the US Internal Revenue Code, Tax ID# 88-2983080.
Please report problems, offensive content, and policy violations to us.
Terms of Use Agreement
Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on
October 25, 2006.
This Terms of Use Agreement sets forth the standards of use of the website
at www.esacharityart.org (the “Site”) operated by Easel Street Alliance, (“Easel Street”
or “ESA” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions of this Agreement,
you should immediately cease all usage of the Site. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being posted at the Site. Your
continued use of the Site after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1. Description of Service Easel Street Alliance is providing Member with access
to buy and sell artwork. All physical artwork is owned solely by the individual
artists represented here and Easel Street Alliance provides an online platform
where the artist selling and the customer can meet.
2. Disclaimer of Warranties The Site is provided by Easel Street Alliance on an
“as is” and on an “as available” basis. To the fullest extent permitted by
applicable law, Easel Street Alliance makes no representations or warranties of
any kind, express or implied, regarding the use or the results of the Site in terms
of its correctness, accuracy, reliability, or otherwise. Easel Street Alliance shall
have no liability for any interruptions in the use of the Site. Easel Street Alliance
disclaims all warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular purpose, and
non-infringement.
2a. Limitation of Liability EASEL STREET ALLIANCE SHALL NOT BE LIABLE FOR
ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EASEL STREET
ALLIANCE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EASEL STREET
ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2b. Indemnification Member agrees to indemnify and hold Easel Street
Alliance, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including attorneys’ fees and costs,
made by any third party due to or arising out of Member’s use of the Site,
the violation of this Agreement, or violation of any law by Member.
3. Modifications and Interruption to Site Easel Street Alliance reserves the right
to modify or discontinue the Site with or without notice to the Member. Easel
Street Alliance shall not be liable to Member or any third party should Easel
Street Alliance exercise its right to modify or discontinue the Site. Member
acknowledges and accepts that Easel Street Alliance does not guarantee
continuous, uninterrupted or secure access to the Site, and operation of the Site
may be interfered with or adversely affected by numerous factors or
circumstances outside of Easel Street Alliance’s control.
4. Disclaimer Regarding Accuracy of Vendor Information Specifications about
and other information regarding artwork for sale on the Site have been provided
by individual sellers and is not verified by Easel Street Alliance. While Easel
Street Alliance makes every effort to ensure that the information on the Site is
accurate, we can make no representations or warranties as to the accuracy or
reliability of any information provided on the Site.
4a. Easel Street Alliance makes no warranties or representations whatsoever
with regard to any product provided or offered by any seller, and you
acknowledge that any reliance on representations and warranties provided
by any Vendor shall be at your own risk.
4b. Information for Customers Purchases of items from the Site are
governed by the terms set forth in the Easel Street Alliance Customer
FAQ
4c. Unless otherwise stated, all prices on the Site are in U.S. Dollars.
Customers (that is, purchasers of items from the Site) are responsible for
paying all fees and applicable taxes in a timely manner with a valid
payment method. If a Customer’s payment method fails, Easel Street
Alliance may collect fees owed using other collection mechanisms.
4d. Governing Jurisdiction of the Courts of New Jersey The site is
operated and provided in the State of New Jersey. As such, we are
subject to the laws of the State of New Jersey, and such laws will govern
this Agreement, without giving effect to any choice of law rules. We make
no representation that the Site or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access
the Site you agree to do so subject to the internal laws of the State of New
Jersey.
4e. Compliance with Laws Member assumes all knowledge of applicable
law and is responsible for compliance with any such laws. Member may
not use the Site in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
4f. Copyright and Trademark Information By submitting to Easel Street
Alliance any images of artwork for sale on the Site (“Images”), you warrant
and represent that you own all rights, including but not limited to all U.S.
copyright rights, in and to the Images. You grant to Easel Street Alliance
the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and
license to reproduce and prepare derivative works of the Images for the
purpose of advertising the Images for sale on the Site. To the extent that
you do not own all rights in and to the Images or that Easel Street
Alliance’s use of any of the Images as permitted under this Agreement
infringes or otherwise violates the rights of any third party, you agree to
indemnify and hold Easel Street Alliance harmless from any claims or
demands, including attorneys’ fees and costs, incurred by Easel Street
Alliance with respect thereto.
4g. All images on the Site are either owned or licensed by Easel Street
Alliance and may not be reproduced or used in any manner without the
express written permission of Easel Street Alliance and, if appropriate, the
relevant artist. Copyright © 2022 Easel Street Alliance. All rights reserved.
All physical artwork is owned solely by the individual artists represented
here and are subject to United States and International copyright laws.
1.Notification of Claimed Copyright Infringement If you believe that any works
on the Site infringe your copyright rights, please provide Easel Street Alliance
with information as required by Section 512(c) of the U.S. Copyright Act.
2.Botnets Easel Street Alliance retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related activities. If any
hostnames are used as command-and-control points for botnets, Easel Street
Alliance reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at Easel Street
Alliance’s discretion.
Other Terms If any provision of this Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and enforceable to the
maximum possible extent. You agree that this Agreement and any other agreements
referenced herein may be assigned by Easel Street Alliance in its sole discretion, to a
third party in the event of a merger or acquisition. This Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement between us in relation
to your participation as a Member. Member agrees that by accepting this Agreement,
Member is consenting to the use and disclosure of his or her personally identifiable
information and other practices described in the Easel Street Alliance Privacy
Statement.
Easel Street Alliance is organized exclusively for charitable purposes under section 501(c)3) of
the US Internal Revenue Code, Tax ID# 88-2983080.