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TERMS AND CONDITIONS

Effective Date: March 8, 2026

Last Updated: March 8, 2026

Welcome to essentialartistsdayton.org. These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.essentialartistsdayton.org (the “Site”), operated by Essential Artists Dayton (“we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. About Essential Artists Dayton

Essential Artists Dayton is a community initiative dedicated to increasing awareness, visibility, and sales for visual artists of the Miami Valley. The Site provides an online Artist Directory, an events calendar, gallery information, and resources connecting artists with buyers, galleries, and exhibition opportunities. Essential Artists Dayton is a partnership between The Dayton Collaboratory, Dayton Society of Artists, and Code for Dayton.

2. Eligibility

By using the Site, you represent that you are at least 13 years of age. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

3. Use of the Site

3.1 Permitted Use

You may use the Site for lawful purposes in accordance with these Terms. You may browse the Site, view artist profiles, access event information, make donations, and submit information to the Artist Directory.

3.2 Prohibited Conduct

You agree not to:

  • Use the Site in any way that violates any applicable law or regulation

  • Use the Site to transmit any unsolicited commercial communications (spam)

  • Impersonate any person or entity or misrepresent your affiliation

  • Attempt to interfere with, compromise, or disrupt the Site or its servers

  • Scrape, harvest, or collect information from the Site through automated means without our prior written consent

  • Use artist contact information obtained from the Site for unsolicited bulk communications

  • Upload or transmit viruses, malware, or other harmful code

  • Reproduce, duplicate, or exploit any portion of the Site for commercial purposes without our express permission

4. Artist Directory

4.1 Registration

Artists may register for a free listing in the Artist Directory. By submitting a profile, you agree to provide accurate and current information. You are responsible for maintaining and updating your profile.

4.2 Content You Submit

By submitting content to the Artist Directory (including your name, biography, images, and contact information), you grant Essential Artists Dayton a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content on the Site and in promotional materials for the purpose of operating and promoting the Artist Directory and the Essential Artists Dayton programs. You retain all ownership rights in your content.

4.3 Content Standards

You represent and warrant that any content you submit:

  • Is accurate and not misleading

  • Does not infringe on any third party’s intellectual property or other rights

  • Does not contain any unlawful, defamatory, obscene, or otherwise objectionable material

  • You have all necessary rights and permissions to share the content

4.4 Removal

We reserve the right to remove or modify any Artist Directory profile or content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate. You may request removal of your profile at any time by contacting us at team@essentialartistsdayton.org.

5. Donations

The Site may accept donations to support the programs and initiatives of Essential Artists Dayton. All donations are processed through third-party payment processors. Donations are voluntary and generally non-refundable unless required by law. We make no representations regarding the tax deductibility of donations; please consult your tax advisor.

6. Intellectual Property

6.1 Our Content

The Site and its original content (excluding user-submitted content), features, functionality, design, and branding are owned by Essential Artists Dayton and its partners and are protected by copyright, trademark, and other intellectual property laws. The Essential Artists Dayton logo was designed by Misty Thomas-Trout and is used with permission.

6.2 Artist Content

All artwork images and artist-submitted content displayed on the Site remain the intellectual property of the respective artists. Reproduction, distribution, or use of any artist’s work without the artist’s express written permission is strictly prohibited.

7. Third-Party Links and Services

The Site may contain links to third-party websites, including partner organizations (The Dayton Collaboratory, Dayton Society of Artists, Code for Dayton, and others), galleries, and external services. These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content or practices of any third-party sites. Your use of third-party sites is at your own risk and subject to their respective terms and policies.

8. Disclaimer of Warranties

The Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Essential Artists Dayton disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • The Site will be uninterrupted, secure, or error-free

  • The information on the Site is complete, accurate, or current

  • Any defects or errors will be corrected

Essential Artists Dayton acts as a platform to connect artists and buyers. We do not guarantee the quality, safety, or legality of any artwork, the accuracy of any artist listings, or the ability of artists or buyers to complete transactions.

9. Limitation of Liability

To the fullest extent permitted by law, Essential Artists Dayton, its partners, officers, directors, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising from your use of or inability to use the Site, any transactions or interactions between artists and buyers facilitated through the Site, or any content posted on the Site.

10. Indemnification

You agree to indemnify, defend, and hold harmless Essential Artists Dayton, its partners, officers, directors, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms, your submitted content, or your violation of any rights of a third party.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, available at https://www.essentialartistsdayton.org. Please review the Privacy Policy to understand our practices regarding the collection and use of your information.

12. Modifications to the Site and Terms

We reserve the right to modify, suspend, or discontinue any aspect of the Site at any time without notice. We may revise these Terms at any time by posting the updated Terms on the Site and updating the “Last Updated” date. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Montgomery County, Ohio.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Essential Artists Dayton regarding your use of the Site and supersede any prior agreements.

16. Contact Us

If you have questions about these Terms, please contact us:

Email: team@essentialartistsdayton.org

Website: https://www.essentialartistsdayton.org/contact

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