By submitting content to Refrigerator Poetry LLC, also referred to as “the archive,” you agree to the following:
- You are the copyright holder of the content.
- You understand that all content submitted for inclusion is vetted to determine if it meets the archive’s criteria; Refrigerator Poetry LLC reserves the right not to publish any content for any reason.
- Refrigerator Poetry LLC does not own the content that is submitted to the archive and understands that the owner of the content retains all copyrights and content.
- Refrigerator Poetry LLC claims the right of fair use and does not waive any rights it may have or acquire with respect to the artwork depicted in content submitted. Except for the copyrights in submitted content and the artwork depicted in that content, Refrigerator Poetry LLC claims all copyrights in the Archive, including various collections, arrangements, assembly, and other compilations of content and the Archive’s standards related to them.Refrigerator Poetry LLC is the owner of and sole curator of the archive.
- You are granting Refrigerator Poetry LLC the rights to use the content as set forth in the “License Rights” section of this agreement.
- The agreement is between you and Refrigerator Poetry LLC and cannot be transferred by you to anyone else. Refrigerator Poetry LLC may transfer this agreement and its right under it to any successor to its business in the Archive. Any edits or changes to this agreement need to be made in writing and accepted by you and Refrigerator Poetry LLC.
The purpose of the Archive and the collection of the archive’s content is to develop, promote, and support the artists, the arts and culture through arts and culture education and instruction; scholarly publication, and research; the preservation, archiving, and cataloguing of artwork; and the publication of the Archive’s content to enhance the public’s use and understanding of and relationship with the art.
You grant to Refrigerator Poetry LLC non-exclusive, limited, perpetual, irrevocable, worldwide, free of all charges, transferable license to use your content for educational purposes on the terms set forth in the “License Rights” section (the “license”). The rights granted under the license are:
- To copy, publish, publicly perform, publicly display, and distribute the content;
- To adapt, modify, and translate content and to create derivative works of content: (a) consisting of images for formatting and interface purposes, including for incorporating small-sized images along with related cataloging and texts (“Thumbnail Images) and then to publish, publicly perform, publicly display, and distribute such Thumbnail Images; and (b) so that the content meets publication criteria and to otherwise comply with standard image resolutions, standard nomenclature, and other technical standards to maximize search efficiency and data compatibility across databases;
- To store, transmit, and distribute the content on servers and over various public networks and in various media and to make such changes to images and other content as are necessary to conform and adapt them to the technical requirements of connecting networks, devices, services or media;
- to do any of the foregoing in any form, medium, size, format or resolution, including, but not limited to, electronic, Internet, wireless, print, video, film and television and those media and technologies now existing or later devised (and, if published on the Internet or analogous future media, on both restricted and unrestricted websites and locations and on websites of web-indexing services and in other electronic media to improve search results and functionality); and
- to sublicense all of the foregoing rights.
The rights granted under the license allow the following uses of content:
- to create, maintain, publish, and distribute, in whole or in part and in any form, an archive of public art for educational purposes and all uses incidental to the foregoing, including uses by the general public;
- to display, publish, and distribute content and Thumbnail Images to promote any licensed use of the content, including, but not limited to, promoting the archive;
- any other use for educational purposes; and
- any use by archive partners that is limited to educational purposes.
You agree that all content will be submitted electronically, including via email. You agree that Refrigerator Poetry LLC may retain the content, and you release Refrigerator Poetry LLC from any and all liability for any loss or damage thereto, regardless of cause. If the content, artwork, or any elements of the content or artwork are not original, novel, or valuable or are not copyrightable, or are in the public domain, then Refrigerator Poetry LLC has the right to use such content, artwork, or any such elements, notwithstanding the terms and conditions of this agreement. You may not provide Refrigerator Poetry with any of the following materials:
- Any threatening, hateful, obscene, defamatory or any other material that could give rise to any civil or criminal liability under applicable law;
- Any material that is harmful to minors in any way;
- Any material that infringes rights of privacy or copyrights if copied, published, performed, or otherwise used without the permission of the owner of those rights; and
- Any material sent from an anonymous or false address or with a false header or that is harmful to the Archive’s coding, storage, servers and other infrastructure or facilities.
Refrigerator Poetry LLC does not promise any particular level of security with respect to any electronic publication of your content, except that your content will be afforded the same level of security as is all content published as part of the Archive. You release Refrigerator Poetry from all claims related to any third-party infringement or misappropriation of the content you submit to Refrigerator Poetry LLC.
Conflict in Terms