Terms and Conditions: INTRODUCTION Stained Reflections provides this web website in support of its creative mission to further the understanding and appreciation of art by the public. It supplements the outstanding in art collections through related institutions around the world. We encourage you to use the Website as a research and information tool, subject to the specific terms and conditions of use (the "Terms and Conditions of Use") set forth here. ACCEPTANCE OF TERMS AND CONDITIONS BY ACCESSING THIS WEB WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. STAINED REFLECTIONS MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, BY WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE NOW AND REFRAIN FROM FURTHER USE. INTEGRITY Shawn Saumell has created and compiled Stained Reflections with careful regard for accuracy and integrity of scholarship. We believe that the context in which we present material is important to understanding it, and we will improve, modify, enhance, and expand the Website on a continuous basis. Thus, while we recognize that the digital nature of the website may allow you to use subsets of this material, we urge you to consider the complete context for maximum appreciation and accuracy. PROTECTION OF PRIVACY Stained Reflections is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the website is governed by the Stained Reflections. Please note that Stained Reflections is not specifically dedicated to children and Stained Reflections does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Website. TRADEMARKS The names, titles, building images, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of Stained Reflections, including but not limited to Shawn Saumell. You may not use Stained Reflections Trademarks without Shawn Saumell’s written permission. The trademarks of third parties may also appear on the website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the website grants, expressly or implicitly, any right or license to use any of Stained Reflections Trademarks or may be construed to mean that Stained Reflections has authority to grant any right or license on behalf of any third party trademark owner. COPYRIGHTS The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the "Content"), which appear on the website, as well as the collection, arrangement, and assembly of the Content (the "Compilation"), are either proprietary to Stained Reflections or used in accordance with applicable law or third party consents. You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works, or otherwise use the Content or the Compilation without the prior, written permission of Shawn Saumell unless your use qualifies as (1) Fair Use or another legislative exemption, (2) Special Permission for Educators, or (3) Press Use, all of which are further described below. FAIR USE AND OTHER EXEMPTIONS Stained Reflections does not object to your reproduction, distribution, display, transmission, performance, and use of the Content 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 limitations and exemptions laid forth in the U.S. Copyright Act and related laws. Unless otherwise noted on the webpage, no express permission is required by Stained Reflections for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the website: www.stainedreflections.org and artist Shawn Saumell. BEYOND FAIR USE: SPECIAL PERMISSION FOR EDUCATORS Stained Reflections 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 our own charitable and educational mission, we therefore consent to the following additional uses of our Website: Subject specifically to the rights of third parties (which are entirely the responsibility of the user), Stained Reflections consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organization; provided, however, said organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, or sell educational materials for teachers and educators. Unless otherwise noted on the webpage, no express permission is required by Stained Reflections for a Limited Educational Exception, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the website: www.stainedreflections.org and artist Shawn Saumell. REQUESTING PERMISSION If your proposed use of Stained Reflections Trademarks, Images, or Website Content does not meet the conditions for Fair Use or another legislative exemption, Special Permission for Educators or Press Use, you must request and obtain express permission from Stained Reflections. Please be advised that Stained Reflections is selective in granting such permission. Commercial Use of Stained Reflections's Trademarks, Images, and other Website Content Stained Reflections maintains an active licensing program for commercial use of its intellectual property assets, including use of Stained Reflections name and other trade names, images of select artwork, and other proprietary content that may appear or be referenced on the website. For more information on our Licensing Program, or to request permission related to your product, service or promotion thereof, please contact info@stainedreflections.org. Use of Third Party Trademarks and Images If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the website but do not belong to us, you should contact the third parties who are referenced as the rights holders. Stained Reflections assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf. Beyond the credit lines that may be listed on the website, Stained Reflections does not provide addresses, phone numbers, or other contact information for third party rights holders. RESERVATION OF RIGHTS All rights not expressly granted by Stained Reflections herein are specifically and completely reserved. Nothing on the Website or in these Terms and Conditions of Use grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that Stained Reflections has authority to grant any right or license on behalf of any third party. LINKS TO OUR WEBSITE Stained Reflections appreciates the interest of others in linking to our website. If you arrive at our website from a third party link, please note that a link to our website does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or business practices. If you are interested in providing a link from your website to our website, please note the following rules: 1) You must use the name "Stained Reflections" or “Shawn Saumell” or the URL "www.stainedreflections.org" to identify the link; LINKS FROM OUR WEBSITE In using the Website, you may find that Stained Reflections provides hyper-links to one or more third party websites (the "Linked Website[s]"). Stained Reflections provides these links as a convenience for you and other users, but is not responsible for the content or links of the Linked Website(s). In most instances, such links represent cooperative projects or endeavors established with Stained Reflections' business affiliates, allies, sponsors, licensees, artists, organizations and/or other persons who have a significant connection to our mission and projects. Although Stained Reflections expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Websites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Websites, should you choose to visit them. A link from our website does not imply a relationship with, or endorsement of, the Linked Website(s) or its content, purpose, policies, or business practices. SUBMISSIONS Any communication or material you post, transmit, or distribute to the Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Stained Reflections or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Stained Reflections is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information. UNRESTRICTED FORUMS Stained Reflections at times provides unrestricted forums on the website for 1) the exchange of ideas and information by participants, and/or 2) the modification of certain online artworks and/or artwork images by viewers (each one, the "Forum[s]"). Stained Reflections does not always edit or control the information, materials, or modifications posted to, or distributed through, the Forums. By posting or distributing information, materials, or modifications through the Forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Website that you do not own, Stained Reflections requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the website that is libelous, defamatory, threatening, abusive, unlawful, or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material. WARRANTY AND INDEMNIFICATION By using this website in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions, including Fair Use and the Limited Educational Exception noted. You agree to indemnify, defend, and hold Stained Reflections harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website. DISCLAIMER OF WARRANTIES STAINED REFLECTIONS PROVIDES THE WEBSITE ON AN "AS IS" BASIS. YOUR USE OF THE WEBSITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. STAINED REFLECTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. STAINED REFLECTIONS DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. STAINED REFLECTIONS MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. STAINED REFLECTIONS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION. LIMITATION OF LIABILITY NEITHER STAINED REFLECTIONS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, CONTENT, AND/OR COMPILATION. SEVERANCE AND WAIVER You acknowledge and agree that in the event any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. Stained Reflections failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Stained Reflections. ENTIRE AGREEMENT These Terms and Conditions of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.