Last Updated 10/1/2024

Specific Terms of Use for Creative West’s (formerly WESTAF) Public Art Archive™ Service

Your use of the web site available at https://publicartarchive.org and the related web-based software, browser interface, transmission, access and storage facilities, data, and services (collectively, the “Public Art Archive™ Service”, the “Archive” or the “Service”) is subject to these Specific Terms of Use for Creative West’s Public Art Archive™ Service (“Specific Terms”).

Agreement with Creative West. Your agreement with WESTAF concerning your use of the Public Art Archive™ Service includes the General Terms of Service at https://wearecreativewest.org/terms-conditions/, and Privacy Policy https://wearecreativewest.org/privacy-policy available through the websites by which the Services are accessed (the “General Terms”), these Specific Terms and any other terms reached between you and Creative West with respect to the Services (the “Agreement”). In order to use the Public Art Archive Service, you must first accept and agree to be bound by the Agreement. You can accept and will be bound by the Agreement by: clicking to accept or agree to these Specific Terms when that option is made available to you by Creative West in any user interface within the Public Art Archive Service, or you’re actually using the Public Art Archive Service, or as otherwise provided by law. These Specific Terms may be changed by Creative West without notice; changes to these Specific Terms will be posted on the web site through which you access the Public Art Archive Service (the “Web Site”). Your continued use of the Service after any such change is so posted is your acceptance of and agreement to the Specific Terms as so changed. As used in these Specific Terms, Creative West, a Colorado non-profit corporation, whose principal place of business is at 1536 Wynkoop St, Suite 522, Denver, CO, 80202, and its subsidiaries, legal affiliates, successors (including any successors to the business of the Public Art Archive Service), and assigns, and “you”, including all of its grammatical forms, refers to the person using the Service and, if that person is acting on behalf of another person or entity, it also refers to and includes that person or entity.

Copyright and Other Rights. The images, text, audio and video clips, illustrations, designs, documentation, and other data on the Web Site through which you access the Public Art Archive Service (any or all of which data are referred to as the “Archive Materials”) and the various collections, arrangements, and assembly of and the standards related to those Archive Materials (the “Compilations”) are protected by copyright and possibly by other laws and restrictions. Creative West and relevant third parties own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Archive Materials and Compilations.Any unauthorized copying or other use or modification of the Archive Materials or Compilations may violate copyright laws, trademark laws, proprietary and property rights, the laws of privacy and publicity, contract, communications regulations, statutes, and other applicable laws. Creative West and all relevant third party owners expressly reserve all remedies available under all applicable laws, regulations and statutes with respect to the Archive Materials and Compilations. Creative West is the owner, including the copyright owner, of the Public Art Archive Service and all Compilations and no rights therein are granted to any user or person except as expressly provided for by these Specific Terms and the other terms of the Agreement. Creative West does not claim ownership of the copyright in any original works of public art depicted in the Public Art Archive Service or its related databases.

Limited Right to Use Service and Archive Materials. Subject to any requirement for payment (although use of the Archive by the general public is without charge), Creative West grants you the right to use the Service to display, download, and copy the Archive Materials solely for your own limited non-commercial, personal, and educational, research, or scholarly use, subject to any further requirements, restrictions or limitations published with respect to any specific Archive Materials. All copies of the Archive Materials must be properly cited and bear accurate identifying information published with respect to those Archive Materials, including proprietary information, credits, and attributions, copyright and trademark notices, and a citation to the URL address of the Web Site for the Service through which the Archive Materials were obtained, e.g., https://explore.publicartarchive.org. Creative West does not warrant or represent that your use of any Archive Materials will not infringe third party rights not owned by Creative West. Archive Materials under copyright owned by a third party may not be copied or used in any form and may not be downloaded without permission from the holder of the underlying copyright or as permitted by law.You may not copy, distribute, publish, publicly perform, publicly display, modify, transmit, reuse, download, repost, or use the Archive Materials or Compilations for commercial purposes, for personal gain or to create or generate derivative works, without the express prior written permission of Creative West, unless you are the copyright owner of the Archive Materials or your use qualifies as: (1) Fair Use or another legislative exemption, (2) Permitted Educational Use, or (3) Press Use, all of which are further described below.

Creative West’s Reserved Rights: Use Restrictions. Creative West reserves the right at any time without any notice to any person to change or modify these Specific Terms and to change, modify, cease publication of or terminate the Service, or any aspect or portion of it. All rights in or to the use of Archive Materials, Compilations and the Public Art Archive Service not expressly granted to any person by Creative West or not already subsisting in any third party are retained by Creative West. Notwithstanding any other provision of these Specific Terms, no permission or license is granted by these Specific Terms to any person to download, copy, transmit, publish, publicly perform or display or otherwise use any Archive Materials or the Compilations for: (1) compilation, use by commercial stock houses or use by any commercial, non-profit, governmental or any other archive, (2) use by any person, other than non-profit and governmental entities as set forth in other sections of these Specific Terms, in providing services, products or instructional or educational materials to educators, teachers, schools, universities, students or the general public, or (3) the purpose of creating derivative works.

Other Permitted Uses. Subject specifically to the rights of third parties (which are entirely the responsibility of the user), Creative West permits the following uses of Archive Materials and the Compilations:

a) Fair Use and Other Exemptions

• i) Creative West does not object to your reproduction, distribution, display, transmission, performance, and use of the Archive Materials and/or Compilation if done in accordance with 17 U.S.C. §107 (“Fair Use”), 17 U.S.C. §110 (the Teach Act), or other applicable exemptions set forth in the U.S. Copyright Act and related laws.
• ii) Unless otherwise noted within the Service, which generally will be noted in association with particular images or data sets, or expressly prohibited by these Specific Terms, no express permission is required from Creative West for any use that falls within Fair Use or another legislative exemption under the U.S. Copyright Act, but two conditions apply: 1) no modifications may be made as to the integrity or attribution of the Archive Materials and Compilations; and 2) all copies of the Archive Materials and Compilations must be properly cited and bear accurate identifying information as published on the Web Site, including proprietary information, credits and attributions, copyright and trademark notices, and a citation to both the Public Art Archive as a publication of Creative West and the URL address of the Web Site through which the Archive Materials were obtained, e.g., https://publicartarchive.org.

b) Permitted Educational Use

• i) Creative West recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers and other educators, in accordance with Creative West’s own charitable and educational mission to support the advancement and preservation of the arts, Creative West consents to the following additional uses of the Archive Materials and/or Compilation (“Permitted Educational Use”):
• ii) Creative West consents to the copying, distribution, display, transmission, performance, and use of the Archive Materials and Compilations by individual teachers and other individual educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a non-profit or governmental school, museum, or other educational organization; provided, however, that the Archive Materials and Compilations are not sold or otherwise commercially distributed. The provisions concerning Permitted Educational Use do not apply to persons who package, prepare, or sell educational or instructional materials for teachers and educators nor to any person who publishes or compiles archival materials for the use of teachers and educators. iii) Unless otherwise noted within the Service, which generally will be noted in association with particular images or data sets, or expressly prohibited by these Specific Terms, no express permission is required from Creative West for use that falls within Permitted Educational Use, but two conditions apply: 1) no modifications may be made as to the integrity or attribution of the Archive Materials and Compilations; and 2) all copies of the Archive Materials and Compilation must be properly cited and bear accurate identifying information as published on the Web Site, including proprietary information, credits and attributions, copyright and trademark notices, and a citation to both the Public Art Archive as a publication of Creative West and to the URL address of the Web Site through which the Archive Materials were obtained, e.g., https://explore.publicartarchive.org.

c) Press Use

• i) Creative West may provide dedicated pages on the Web Sites for members of the press. Except where noted otherwise, photographs, images, press releases, and articles (the “Press Materials”) that appear on these dedicated pages may be downloaded, copied, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to Creative West and the Public Art Archive Service covered in the Press Materials in newspapers, magazines, Web publications, television, or other paper, broadcast and electronic media. Use of the Press Materials for any other purpose requires the additional, prior permission of Creative West and their use for any purpose may also require the additional, prior permission of third-party rights holders, which permission is the sole responsibility of the press user. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or commercial or non-profit archives under any circumstances.
• ii) To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy, and integrity. Photographs and other images must be reproduced in their entirety and not cropped or otherwise altered.
• iii) The use of Press Materials must include the identifying information provided by Creative West, including proprietary collection information, author, artist and other credit lines, and copyright and trademark notices, if any.

Requesting Creative West’s Express Permissions. If your proposed use of the Archive Materials does not meet the conditions for Fair Use or another legislative exemption, Permitted Educational Use or Press Use, you must request and obtain express permission from Creative West for use of the Archive Materials. Please be advised that Creative West is selective in granting such permission and may impose a fee for doing so. Additionally, Creative West may condition its own permission on your obtaining permission from any third party copyright owners. All permission fees collected by Creative West are used to further Creative West’s support and publication of the Public Art Archive Service for free public access. b) Questions concerning permissions should be directed to Creative West using the contact information published on the Web Site under “Contact Us.”

Errors and Omission; Use at Own Risk. Creative West makes reasonable efforts to assure but does not warrant or represent that any Archive Materials are accurate so far as they contain or are intended to reflect factual information such as, but not limited to, attributions concerning the creator and other facts concerning artwork and ownership of copyright works. Creative West does not accept responsibility for inaccuracies in the Archive Materials or the consequences from use of the Service, regardless of how such inaccuracies or consequences might occur. It is your responsibility to assure the accuracy of any of the Archive Materials, including information related to the Archive Materials. For the foregoing reasons, and that WESTAF has no control over or knowledge concerning your use of the Archive Materials, Creative West accepts and shall have no responsibility for any use of the Archive Materials or Service. YOU AGREE THAT THE ARCHIVE MATERIALS AND SERVICE ARE PROVIDED AS IS AND THAT YOUR USE OF AND YOUR RELIANCE ON SUCH ARCHIVE MATERIALS AND SERVICE AND ANY CONSEQUENCES FROM THE USE OF THE ARCHIVE MATERIALS AND SERVICE ARE AT YOUR SOLE RISK.