Terms of Use

Welcome to the Artefakt Preserve website. By browsing this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Artefakt Preserve's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, then use of the website cannot be granted. Please contact us if access is still required.

The term "Artefakt Preserve" or "us" or "we" refers to the owners of this website, Artefakt Inc., d.b.a. Artefakt Preserve, whose registered office is: 7321 S. South Shore Dr. 11D, Chicago, IL 60649, United States of America. "You" refers to the user of the website. "Images" refers to the photographic and film reproductions in the Artefakt Preserve archive.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

INTELLECTUAL PROPERTY

All elements of this site including text, photographs, film, graphics, illustrations, audio, multi-media and the selection and arrangement of those elements and the general design ("Media") are owned by Artefakt Preserve and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. Any reproduction of the Media requires written permission by Artefakt Preserve and/or a licence agreement. Please contact us for enquiries on copyright and permitted usage of the Media.

DISCLAIMER

Artefakt Preserve is an archive of documentary photographs and film with captions and metadata that may have been written at the time each image was taken. These original captions have been preserved for their historical accuracy, but some language used may be considered outdated or inaccurate at the current time. While reasonable efforts to correctly categorize, keyword, caption, and title the Images are ongoing, Artefakt Preserve does not warrant the accuracy of such information, or of any metadata provided with the Images.

Unless specified by Artefakt Preserve, there are no model releases or other releases for any of the Images. Any permitted or licensed usage requires the user to clear all necessary permissions from third parties, including personality, property, artistic, and other rights. The user shall indemnify and hold Artefakt Preserve harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which either no release was furnished by Artefakt Preserve in writing or the use of any Image exceeds the permitted scope provided by Artefakt Preserve.

PERMITTED USE OF SITE AND CONTENT

You are specifically prohibited from the following:

• Removing, altering or changing any copyright information or other notices or metadata associated with the Media;
• Downloading, copying, or re-transmitting any or all of the Site or the Media without, or in violation of, a written license with Artefakt Preserve;
• Using any data mining, robots or similar data gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site visitors or Artefakt Preserve's users;
• Manipulating or otherwise displaying the Site or the Media by using framing or similar navigational technology;
• Circumventing any Site restrictions or measures to limit access to the Site;
• Registering or attempting to register for any products or services offered by Artefakt Preserve if you are not authorized by the party to do so;
• Disclosing, selling or trading any password to restricted areas of the Site or allowing any third party to have access to your password;
• Interfering in any manner, whether technological or otherwise, with the function of the Site or services offered by Artefakt Preserve;
• Exploiting or commercializing the Site or the Media without the specific written authorization of Artefakt Preserve;
• Conducting, facilitating, authorizing or permitting any text or data mining or web scraping in relation to this website or any services provided via, or in relation to, this website. This includes using (or permitting, authorizing or attempting the use of):
  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
  • Machine Learning, Artificial Intelligence ("AI"), or Biometric Technology (including any caption information, keywords, or other metadata associated with Images) for any machine learning and/or artificial intelligence purposes, or any technologies designed or intended for the identification of natural persons.
• Using the Site and its Media other than for the intended purpose.

YOUR CONTENT AND YOUR RESPONSIBILITY

Artefakt Preserve allows verified users to upload, publish, and distribute their own photographs, film, audio, text, captions, and other materials ("User Content"). As between you and Artefakt Preserve, you retain all ownership rights in your User Content.

You are solely and exclusively responsible for all User Content you upload, publish, distribute, or otherwise make available through the Site, and for the consequences of doing so. By making any User Content available, you represent and warrant that:

• You own all rights in the User Content, or you have obtained all licenses, consents, releases, and permissions necessary to upload, publish, and distribute it through the Site, including all copyright, trademark, personality, privacy, publicity, moral, and property rights of any person or entity depicted in or holding rights to the content;
• The User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party, and was not obtained, copied, scraped, or reproduced from any source without authorization;
• The User Content does not violate any applicable law, regulation, or these Terms, and is not unlawful, defamatory, fraudulent, deceptive, or otherwise harmful;
• The captions, metadata, dates, locations, attributions, and other information you supply with the User Content are accurate and not misleading.

Artefakt Preserve does not claim ownership of your User Content. You grant Artefakt Preserve a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and distribute your User Content solely for the purpose of operating, providing, securing, and promoting the Site and the services you have requested. This license ends when you remove the User Content from the Site, except for content retained in routine backups for a commercially reasonable period or as required by law.

PROHIBITED CONTENT AND CONDUCT

You may not upload, publish, distribute, or otherwise make available through the Site any User Content that:

• You do not own or do not have all necessary rights and permissions to publish, including any content that infringes or misappropriates the copyright, trademark, or other intellectual property rights of any third party, or that was stolen, scraped, or otherwise obtained without authorization;
• Is unlawful under any applicable law, or that depicts, promotes, or facilitates unlawful activity;
• Sexually exploits or endangers minors in any way. Child sexual abuse material ("CSAM") is strictly prohibited; any such material discovered will be removed, preserved as required by law, and reported to the National Center for Missing & Exploited Children and to law enforcement in accordance with 18 U.S.C. § 2258A;
• Depicts any identifiable person without any consent or release required by law, or that violates any person's privacy or publicity rights, or that constitutes non-consensual intimate imagery;
• Is defamatory, harassing, threatening, hateful, or that incites violence;
• Contains malware, or is intended to deceive, defraud, or impersonate any person or entity.

NO OBLIGATION TO MONITOR; REMOVAL AND REPORTING

Artefakt Preserve does not pre-screen or undertake any obligation to monitor User Content, and is not responsible or liable for User Content uploaded, published, or distributed by users. Any opinions, statements, or materials in User Content are those of the user who provided them and not of Artefakt Preserve. Artefakt Preserve reserves the right, but assumes no obligation, to review, refuse, remove, restrict, or disable access to any User Content at any time, in its sole discretion, with or without notice, including content it believes violates these Terms or applicable law, or that may expose Artefakt Preserve to liability. Removal of User Content is not an admission of any kind by Artefakt Preserve. Artefakt Preserve may preserve User Content and account information and disclose it to law enforcement or other authorities where it believes in good faith that doing so is required by law or necessary to protect the rights, safety, or property of any person.

COPYRIGHT COMPLAINTS (DMCA)

Artefakt Preserve respects the intellectual property rights of others and responds to clear notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act ("DMCA"). If you believe that User Content on the Site infringes your copyright, please send a written notice to our designated agent at jon@artefakt.foundation that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (4) your contact information; (5) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We will remove or disable access to material that is the subject of a valid notice, and we will, in appropriate circumstances, terminate the accounts of users who are repeat infringers. A user whose content has been removed may submit a counter-notice as permitted by the DMCA.

PASSWORD PROTECTION AND SECURITY

Once a user account is verified by Artefakt Preserve and access to the archive is granted, you will be responsible for tracking all activity for each relevant user account. You agree to maintain the security of all passwords and usernames and notify Artefakt Preserve immediately of any unauthorized use or other breach of security. The user shall accept all responsibility for activity that occurs under each relevant user account.

INDEMNITY

You agree to defend, indemnify and hold harmless Artefakt Preserve, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any user information or User Content that you post, store, publish, or otherwise transmit on or through the website, your conduct, your use or inability to use the Site, your breach or alleged breach of these Terms or of any representation or warranty contained herein, your unauthorised use of the Artefakt Preserve content, or your violation of any rights of another.

GENERAL DISCLAIMERS

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND ARTEFAKT PRESERVE EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTEFAKT PRESERVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ARTEFAKT PRESERVE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. ARTEFAKT PRESERVE MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

MISCELLANEOUS

No Assignment. Any agreement, licence or permission is personal to you and is not assignable by you without Artefakt Preserve's prior written consent. Artefakt Preserve may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

Confidentiality. You acknowledge that certain information, including but not limited to licence information and fees specifically granted to you, will not be disclosed to any other parties without prior written consent.

Termination. Notwithstanding any of these terms and conditions, Artefakt Preserve reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Jurisdiction and Attorney's Fees. This Agreement will be governed in all respects by the laws of the State of Illinois without reference to its laws relating to conflicts of law. You agree that the applicable state or federal courts located in Cook County, Illinois are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. If Artefakt Preserve is obligated to go to court to enforce any of its rights, you agree to reimburse us for the legal fees and disbursements if Artefakt Preserve is the prevailing party.

Enforceability. If one or more of the provisions contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

Entire Agreement. This Agreement is intended for users of the Artefakt Preserve website. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by Artefakt Preserve and accepted in writing by you or your authorized representative. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern.

For feedback, licensing enquiries, or further research requests, please contact jon@artefakt.foundation.