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User Agreement
Entering work into Body Image and paying and entry fee entails agreement with the following Liability Waiver.
Submissions of entry constitutes agreement to all conditions in the prospectus. If an artist does not abide by the entry guidelines for this exhibition, The Pen and Brush, Inc. has the right to not accept that artist's work in future exhibitions.
Award-winning work will remain online after the conclusion of the exhibit there will be no restrictions on those pieces. All exhibitions, (virtual, and/or physical) may remain in The Pen and Brush, Inc. archives and remain accessible, on PenandBrush.org as a past exhibit, or archived material for any duration period, as determined by The Pen and Brush, Inc. with no restrictions on those pieces.
Users of PenandBrush.org agree to hold The Pen and Brush, Inc., its members, agents, employees and anyone acting for it, harmless from any claim which might arise from their submission process, participation in the exhibition, use of PenandBrush.org, including loss or damage to his or her computer system or loss of data that results from the transmission or download of any such material, from any cause whatsoever.
Consent to reproduce artwork for publicity, catalog or educational purposes is assumed unless specifically reserved in writing. For the duration of the exhibit, artists must agree to give us sole use of the material and the ability to use the images in publicity materials. In other words, an artist cannot have images of the selected piece in other online exhibits, and cannot exhibit the actual work in physical galleries while on view with The Pen and Brush, Inc. Work will not be removed from the exhibit before it concludes.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. Therefore, the user, not The Pen and Brush, Inc., is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits to PenandBrush.org. No user shall transmit Content or otherwise conduct or participate in any activities on PenandBrush.org that, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the transmission of obscenity, or the permissible uses of intellectual property.
Liability and Copyright Provisions
The Pen and Brush, Inc. reserves the right to change, modify or remove portions of these terms at our sole discretion and any such changes will be immediately effective upon posting to this website. The Pen and Brush, Inc. reserves the right to change, modify or discontinue, temporarily or permanently, any or all parts of PenandBrush.org and The Pen and Brush, Inc. shall not be liable to any user or other third party for any such modification or discontinuation of this site
The Pen and Brush, Inc. and PenandBrush.org reserve the right to refuse any Content it deems necessary, as well as to refuse or any Content that it reasonably considers to violate the Terms or be otherwise illegal. The Pen and Brush, Inc., in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by The Pen and Brush, Inc. to protect the rights, property, or personal safety of PenandBrush.org users and the public.
The Pen and Brush, Inc., and its associates accept no responsibility for any violation of these restrictions or the artist's or writer's copyright resulting from violations by viewers or downloaders of the material submitted by artists and writers to the website. In keeping with the educational purposes of the Internet and The Pen and Brush, Inc., a user may download a file and share it with others for no personal or commercial gain.
The Pen and Brush, Inc. is not responsible for any failure of the artist to deliver or otherwise perform under any agreement made with a user or purchaser. The Pen and Brush, Inc. does not guarantee that the finished work will be the same as the screen image or that the screen image, if reproduced by others, will always look the same. Any such requirements depend entirely on the contractual agreements between the artist and the user and do not involve performance The Pen and Brush, Inc. and/or PenandBrush.org shall be required to effectuate.
Furthermore, The Pen and Brush, Inc. will not be bound by arbitration for any damages resulting from breaches of agreements between the artist and the user or purchaser or any representative of the artist.
All editorial content describing the details of the artists' art work, career, gallery representation or lack thereof, has been provided directly by the artist or the artist's representative. The Pen and Brush, Inc. and/or PenandBrush.org is not responsible for any false or inaccurate information.
Under no circumstances may the material appearing on the The Pen and Brush, Inc. website, including that submitted by the participating artists and writers, be resold or redistributed for compensation of any kind without prior written permission from the artist or writer.
Prospective exhibitors shall agree to hold The Pen and Brush, Inc., its members, agents, employees and anyone acting for it, harmless from any claim which might arise from their participation in the exhibition, including loss or damage to submitted works of art, from any cause whatsoever. The Pen and Brush, Inc. does not offer insurance on the submitted artwork. Insurance is the responsibility of the artist.