Welcome & Consent to Terms of Use

The Pen and Brush, Inc. (referred to as “Pen and Brush”, “P+B”, “us” “our” and “we”) is a 501(c)(3) nonprofit organization that operates one or more websites at the penandbrush.org URL (“Website”). We are an international organization for women in the visual, and literary. Through our Website and programs, we encourage women authors and artists and provide the public with exposure to their literary and visual works. Consistent with our mission, we offer use of our Website free of charge to the public.

By accessing and using any part of our Website (including any content, services, and materials available on or through our Website), regardless of media format (e.g., computer, smartphone, tablet, etc.), you agree to these Terms of Use, including P+B’s Privacy Policy. Please read these Terms of Use and the Privacy Policy carefully. If you do not agree to these Terms of Use and the Privacy Policy, please refrain from using the Website. If you have questions about our Website, please contact us by email us at info@penandbrush.org, or by mail at our main office at Janice Sands, Pen and Brush, Inc., 29 East 22nd Street, New York, NY 10010.

Additional Terms of Participation in our Literary & Artistic Programs

In addition to these Terms of Use, authors and artists who submit works to us for consideration in our programs are bound by the specific terms of that program, accessible as a click-through agreement on our Website. If you do not agree to the specific terms and conditions of a particular program, please do not submit works to us for consideration under that program.

Intellectual Property Rights & Content Re-Use

All literary works, artistic works, visual images, photographs, graphics, audio recordings, videos, music, editorial text, interviews, information, data, text, exhibition materials, publication materials, and any other materials or content of any kind whatsoever made available on or through the Website (collectively “Content”) is owned by P+B or its licensors. You may use Content only for non-commercial personal or educational purposes, such as studying, teaching, scholarship, research or criticism or other uses allowed by fair use principles under United States copyright law, and only under the following additional conditions: (i) you must credit the author or artist of the material (or P+B, if P+B is the creator) as the creator of the Content, and P+B as the source of the Content; (ii) you must include any copyright notices originally included with the Content; (iii) none of the Content may be altered or modified or incorporated in a derivative work; (iv) you must comply with any technological or other restrictions accompanying the Content; and (v) you may not engage in any uses outlined in “Prohibited Activities” below. All other rights are explicitly reserved and require the prior written permission of the copyright owner.

Trademarks

P+B owns the trademark Pen and Brush and the Pen and Brush logo displayed on the Website. You may not use the Pen + Brush trademark or logo, or any other marks on the Website without our prior written permission.

Prohibited Activities

You may not use our Website and/or any Content in any manner that infringes the intellectual property rights, privacy rights, or rights of publicity of any third party or that is otherwise illegal.

Specifically, and without limiting the foregoing general ban, you may not:

  • Use, display or make performances with, reproduce, or distribute Content for any commercial purpose whatsoever or make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms of Use;
  • Incorporate Content into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press);
  • Make any adaptation or modification of, or any derivative work from, Content;
  • Remove, alter or tamper with any copyright or other proprietary notice on any Content;
  • Attempt to override, circumvent, or disable any technological or software protection or encryption features employed to limit downloading, reproduction or other use of Content; or
  • Download or print, or attempt to download or print, substantial portions of the Website or any particular area of the Website (e.g., an entire exhibition).

Nothing herein is intended to limit the fair use rights of our visitors and users under copyright law.

In addition, you may not engage in any activity which interferes with or attempts to interfere with the operation or functionality of our Website, including without limitation, introducing viruses or bugs; modifying or hacking our Website; or attempting to gain unauthorized access of our computer systems.

Third Party Sites

Our Website may contain links to third party websites that we think may be of interest to our users. These Terms of Use, including the Privacy Policy, do not apply to those sites. Please review their terms and policies. P+B has not reviewed any third party websites (including those of featured artists and authors) for accuracy, appropriateness, completeness or non-infringement. P+B does not endorse and makes no representations and warranties about such third party websites and content and takes no responsibility and is not liable for such third party websites or the content provided therein.

Disclaimer

We aim to provide users with an interesting and engaging experience by including information from a variety of sources and showing the works of a variety of authors and artists on our Website. However, P+B does not independently vet Content to ensure its accuracy, that it does not infringe the intellectual property or other rights of third parties, or that it is otherwise legal. Also, while we attempt to keep our Website safe, we cannot guarantee that our Website and Content are free from bugs, viruses or other harm. You use our Website and Content at your own risk. P+B reserves the right, but is not required, to change, modify or remove Content or any aspect of the Website at any time with or without notice in its sole discretion. THE WEBSITE AND CONTENT ARE PROVIDED AS IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOVEVER, AND P+B AND ITS AGENTS AND REPRESENTATIVES AND ITS AND THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (collectively, the “P+B Parties”) DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER (DIRECTOR OR INDIRECT, WRITTEN OR ORAL), INCLUDING OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE P+B PARTIES (as defined in “Disclaimer” above) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUES, LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR ANY OF ITS CONTENT EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND LOSSES. YOU IRREVOCABLY RELEASE AND HOLD HARMLESS THE P+B PARTIES FROM ANY SUCH COSTS.

UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE P+B PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR CONTENT EXCEED THE FEES PAID BY YOU TO P+B FOR YOUR USE OF THE WEBSITE OR CONTENT IN THE LAST YEAR. IF ANY PART OF THIS LIMITATION OF LIABLITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THE MAXIMUM LIABLITY OF THE P+B PARTIES TO YOU SHALL BE TEN DOLLARS ($10).

You acknowledge and agree that the warranty disclaimers and limitations of liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis of our ability to make our Website and its Content available to you free of charge (or at the price offered). You further acknowledge and agree that if you are not satisfied with the Website or these Terms of Use, or feel that we have breached these Term of Use, your sole remedy is to discontinue using our Website and its Content.

Indemnification

You agree to indemnify and hold harmless the P+B Parties (as defined in “Disclaimer” above) from and against any liability, damage, loss, cost or expense (including, without limitation, reasonable attorneys’ fees) arising from or relating to your use of the Website, including infringement of any Content, or violation of these Terms of Use.

Terminating Access

We reserve the right to limit or terminate your access to our Website and any Content in our discretion.

Copyright Infringement

We aim to respect the rights of copyright owners. If you have any concerns that any Content infringes your copyright, please provide us with notice pursuant to the directions set forth below.

If you believe in good faith that your copyright has been infringed, you may complete and submit a notice to us at info@penandbrush.org containing the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. The identification of the copyrighted work that you claim has been infringed;
  3. The identification of the material that is claimed to be infringing or to be the subject of infringing activity and a description specifying the location on the Website of the material that you claim is infringing;
  4. Your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Changes to Our Terms of Use

We may change these Terms of Use, or any aspect of the Website, at any time by posting the changes on our Website. Your continued use of our Website constitutes your agreement to the modified Terms of Use and all changes thereto. Please check our Website periodically for revisions to these Terms of Service.

Miscellaneous

  • No Minors: This Website is not directed toward or intended for children under 13.
  • Entire Agreement: These Terms of Use set forth the entire Agreement between you and us.
  • Governing Law: These Terms of Use shall be interpreted and construed according to, and governed by, the laws of the state of New York excluding any such laws that might direct the application of the laws of another jurisdiction, and US law with respect to copyright. Venue shall lie exclusively in the federal and state courts of New York City, NY, and you consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts.
  • Interpretation: If any provision or provisions these Terms of Use shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
  • Waiver: A waiver of any breach of these Terms of Use shall not be deemed a waiver of other breaches.

Contact Information

If you have any questions about these Terms of Service, our Website or P+B generally, please contact us at:

Pen and Brush, Inc.

29 East 22nd Street
New York, NY 10010
info@penandbrush.org