Terms of Use and Privacy Statement

Effective Date: March 20, 2026

Applies to: www.aydzn.com, www.ayosmali.com, www.ayosmali.net, www.yosmali.com, home.fuse.net/ayosmali, aydzn.blogspot.com, facebook.com/aydzn, yosmalimusic.com, yosmalijazz.com, facebook.com/yosmalijazz, and youtube.com/@amyyosmali7286 (collectively, the “AYDesign and Amy Yosmali Properties,” where operated, maintained, or controlled by Amy Yosmali).

Welcome to the AYDesign and Amy Yosmali Properties. This Terms of Use and Privacy Statement explains the terms governing use of websites and online properties operated or controlled by Amy Yosmali in connection with her artistic practice, business, portfolio, or professional presence, and describes certain information-handling practices. Please read it carefully.

A social media service, hosting provider, portfolio provider, or other third-party service is not owned or operated by Amy Yosmali merely because a page, profile, image, or link appears there. Your use of a third-party service is also governed by that provider’s terms and privacy policy. This Statement applies only to the extent Amy Yosmali or AYDesign operates, maintains, or controls the relevant property or activity.

Artist Identity, Business Identity, and Protected Content

Amy Yosmali is an artist and the creator of original artwork and other creative materials produced under her own name and in connection with her art business, AYDesign.

The names, domains, and online properties listed above are associated with Amy Yosmali’s artistic practice, business, portfolio, or professional presence. Listing them does not mean that each domain, social media account, or online property is a separate legal entity or that Amy Yosmali controls every feature or practice of the third-party service hosting it.

“Protected Content” means original artwork, paintings, images, photographs, reproductions, visual designs, written content, descriptions, branding, and other creative materials created by Amy Yosmali or by or for AYDesign, to the extent owned or controlled by Amy Yosmali or AYDesign. It also includes music and musical works, compositions, arrangements, lyrics, sound recordings, audio recordings, audiovisual works, videos, photographs and video footage of musicians or performances, live-performance recordings, spoken audio, and related creative materials, to the extent the relevant rights are owned or controlled by Amy Yosmali or AYDesign. Protected Content also includes artwork, music, recordings, photographs, videos, and other creative works by third-party artists, musicians, performers, producers, videographers, photographers, or other rights holders that are displayed, embedded, linked, shared, discussed, or promoted by Amy Yosmali or AYDesign, but only to the extent of the applicable rights, permissions, and authority held by the relevant rights holder or by Amy Yosmali or AYDesign. Linking to, discussing, embedding, or promoting third-party material does not transfer ownership or imply that Amy Yosmali or AYDesign controls rights that belong to another party.

Protected Content includes artwork, music, photographs, audio, video, and performance recordings displayed, shared, embedded, linked, discussed, or promoted on or through the AYDesign and Amy Yosmali Properties, including websites, social media accounts, YouTube, digital marketing, promotional materials, and online campaigns. It also includes content hosted by third-party services and embedded, linked, or otherwise referenced through those properties, including ArtworkArchive.com, FineArtAmerica.com, YouTube, and other hosting or media services. The restrictions in this Statement apply regardless of which associated name, domain, website, social media account, marketing channel, portfolio, or third-party hosting service displays or delivers the content, but only to the extent the relevant rights are owned, controlled, or validly protected by the applicable rights holder and the restriction is within the authority of Amy Yosmali or AYDesign to impose. Nothing in this Statement claims ownership of another artist’s, musician’s, performer’s, photographer’s, videographer’s, producer’s, or other rights holder’s work or expands the permission granted to AYDesign beyond its agreed scope.

1. Privacy Statement

Amy Yosmali and AYDesign respect privacy and seek to handle personal information responsibly. This Privacy Statement describes information that may be collected through online properties operated or controlled by Amy Yosmali and how that information may be used. It does not describe information collected offline or by independent third-party services, which are governed by their own policies.

If you have questions about this Statement, contact amy@aydzn.com.

Protecting the Privacy of Children

The websites and services covered by this Statement are not directed to children under 13. Children should obtain permission from a parent or guardian before providing personal information online. We do not knowingly seek to collect personal information directly from children under 13. If you believe a child under 13 has provided personal information through a property we control, please contact us so that we can review the matter and take appropriate steps.

Information We May Collect

Depending on the website, features enabled, and how you interact with the property, information may include:

1. Information you provide. For example, your name, email address, message, or other information you choose to submit through an email, contact form, comment, testimonial, story, photograph, video, or other submission feature.
2. Technical and usage information. A website host or service provider may automatically receive technical information such as IP address, browser type, operating system, referring page, pages or content requested, date and time of access, and diagnostic or security logs.
3. Cookies and similar technologies. A website or third-party service may use cookies or similar technologies to support site functionality, remember preferences, understand traffic, protect services, or measure performance, depending on the tools enabled. You can review your browser settings to manage cookies; disabling them may affect some website features.
4. Third-party service information. If you interact with embedded content, social media features, analytics tools, forms, portfolio displays, or other third-party services, those providers may collect information under their own privacy policies.

We do not represent that every listed technology or collection method is enabled on every property. Actual collection depends on the configuration and services used by the particular website or platform.

How Information May Be Used

Information may be used, as applicable, to respond to inquiries, provide requested information or services, administer and maintain a website, communicate about a request or submission, protect security, prevent misuse, understand website performance, comply with legal obligations, and enforce this Statement.

We do not sell personal information submitted directly to us through a website in exchange for money. We may use service providers to host, secure, maintain, or operate website features, or to process submissions or communications on our behalf. Where such providers process personal information for us, their access should be limited to what is reasonably needed to provide the relevant service, subject to applicable arrangements and law. Third-party platforms may separately collect or use information under their own terms and privacy policies.

Email Communications

If you provide an email address, we may use it to respond to your inquiry, provide information you request, or communicate about a submission or service. If we send optional promotional communications, you may request that they stop. Do not send sensitive personal information by ordinary email unless it is necessary and you understand the risks.

Disclosure of Information

We may disclose information when reasonably necessary to provide a requested service, work with a service provider, respond to lawful process, comply with law, protect rights or safety, investigate suspected misuse, or enforce this Statement. Information may also be transferred as part of a business or asset transfer, subject to applicable law.

We do not promise that information will never be disclosed or that all third-party services will follow the same practices. Third-party providers are responsible for their own handling of information.

User Submissions and Privacy

Do not submit information or material that you want to remain confidential. Unless a specific feature or separate written agreement says otherwise, we cannot guarantee confidentiality for material you choose to submit or publish online. Information or material made public may be copied, shared, or viewed by others.

Security and Retention

Reasonable administrative, technical, or organizational measures may be used to help protect information handled through properties we control. No method of transmission or storage is completely secure, and we cannot guarantee absolute security. Information may be retained for as long as reasonably necessary for the purpose for which it was collected, to maintain records, resolve disputes, protect security, or comply with legal obligations.

Third-Party Links, Embeds, and Services

Our properties may link to or display content from third-party websites and services, including ArtworkArchive.com, FineArtAmerica.com, YouTube, Blogger, Facebook, form providers, hosting providers, and other services. These providers may collect information directly from your browser or device, including through cookies or similar technologies. Their practices are governed by their own terms and privacy policies. We do not control their independent privacy practices or guarantee their content, security, availability, or policies.

Artificial Intelligence, Automated Data Collection, and Content Protection

Amy Yosmali and AYDesign do not authorize the collection, scraping, harvesting, or extraction of Protected Content for unauthorized artificial intelligence (AI), machine learning, generative AI, or automated model-development purposes.

Without prior, express written authorization from Amy Yosmali or an authorized representative of AYDesign, automated systems, bots, crawlers, scrapers, data brokers, and other agents are prohibited from collecting or using Protected Content for AI training, pretraining, fine-tuning, model development, dataset creation, image generation, artistic-style imitation, or related purposes, as further described in Section 6 below.

This restriction expressly includes images and reproductions of Amy Yosmali’s artwork, as well as music, audio, video, audiovisual works, and performance recordings displayed, embedded, linked, or promoted through AYDesign and Amy Yosmali Properties. It applies to content hosted by third-party services, including ArtworkArchive.com, FineArtAmerica.com, YouTube, and other services used by AYDesign, whether currently or in the future, to the extent Amy Yosmali or AYDesign owns or controls the relevant rights or has authority to impose the restriction.

Reasonable technical and administrative measures may be used to discourage or restrict unauthorized automated collection. However, not all automated collection can be detected or prevented. Third-party platforms may independently collect or process content or information under their own terms and policies.

2. General Conditions

Please bring to our attention any material on a property we control that you believe is inaccurate or that you believe infringes your intellectual property rights. Contact amy@aydzn.com and include the relevant URL, a description of the material, and an explanation of your concern.

The web and the services used to publish content may change. We may update this Statement from time to time and will post the revised version on a relevant property we control, with the effective date updated to reflect the revision. Your continued use of a property after an updated Statement is posted may be treated as acceptance to the extent permitted by applicable law. Where law requires a different form of notice or consent, we will follow that requirement.

We may change, restrict access to, suspend, or discontinue a website or any portion of a property we control, subject to applicable law and any separate agreement.

3. User Submissions

Some properties or services may allow you to submit stories, statements, videos, photographs, comments, testimonials, or other material (“User Submissions”). Availability of these features depends on the particular property and third-party service. Unless a feature or separate written agreement expressly provides otherwise, submitting material does not guarantee that it will be published or treated as confidential.

You are responsible for your User Submissions and the consequences of submitting or publishing them. By submitting material, you represent that you own it or have the rights, permissions, and consents necessary to submit it and grant the limited license described below. You also represent, to the extent applicable, that the material is not unlawful and does not violate another person’s rights.

To the extent you submit material for use on a property operated or controlled by Amy Yosmali or AYDesign, you grant Amy Yosmali and AYDesign a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, perform, and distribute that material as reasonably necessary to operate, administer, display, promote, and maintain the relevant property and its associated services. This license lasts for as long as reasonably necessary for those purposes, subject to removal, retention obligations, and applicable law. It does not transfer ownership of your material.

This User Submission license does not authorize Amy Yosmali, AYDesign, or any other person to use User Submissions for AI training, model development, or dataset creation unless the submitting person gives separate, express written permission for that specific use. This limitation does not expand or diminish rights in material owned by Amy Yosmali or AYDesign, which is addressed separately in Section 6.

You must not submit material that infringes intellectual property, privacy, publicity, or other rights; contains unlawful threats or harassment; is defamatory; is unlawfully discriminatory or hateful; is pornographic or otherwise unlawful; constitutes impersonation; or is otherwise prohibited by applicable law. You must not submit unsolicited advertisements or solicitations through a feature not intended for that purpose.

We do not endorse User Submissions or opinions expressed by users. To the extent permitted by law, we may remove or restrict access to submissions that we reasonably believe violate this Statement, infringe rights, create risk, or are otherwise inappropriate. If we receive a credible report that material infringes intellectual property rights, we may investigate and take appropriate action.

Some submissions may be processed by third-party services, such as form or blogging providers. Those providers’ terms and privacy policies may also apply.

4. Links to Other Sites

For convenience, our properties may link to third-party websites or services that we do not operate. We do not control and are not responsible for the content, products, services, policies, availability, or practices of those third parties. A link or embedded item does not imply endorsement, sponsorship, or a guarantee of quality, reliability, or security. Your use of a third-party website or service is at your own discretion and is governed by its applicable terms and policies, subject to rights that cannot be excluded under law.

5. Ownership and Permissions

Unless otherwise identified, Protected Content is owned by Amy Yosmali or AYDesign, or used with permission from the relevant rights holder, and may be protected by U.S. and international copyright, trademark, and other intellectual property laws.

Except for the limited permission to view the website and make incidental personal use of its ordinary browsing features, no license is granted to reproduce, distribute, publicly display, modify, create derivative works from, sell, license, or otherwise exploit Protected Content without prior written permission from the applicable rights holder, except as permitted by law. You may not reproduce or store a substantial portion of the content or remove copyright or other ownership notices without authorization.

You may link to a property we control provided that the link is not misleading and does not falsely imply sponsorship or endorsement. You may not frame or embed our content in a way that misrepresents its source or bypasses access controls, or incorporate Protected Content into another website or service without prior written permission, except as permitted by law.

Requests for permission to reproduce, license, or otherwise use Protected Content should be sent to amy@aydzn.com. The names and marks of other products and services mentioned on our properties may belong to their respective owners. You may not use another party’s trademark or service mark without the owner’s permission.

6. Artificial Intelligence, Automated Scraping, and Prohibited Use of Content

Ownership and Protection of Content

Protected Content includes original artwork, paintings, images, photographs, graphics, written content, descriptions, designs, branding, music and musical compositions, arrangements, lyrics, sound recordings, audio recordings, audiovisual works, videos, photographs or footage of musicians and performances, live-performance recordings, and other creative materials created by or for Amy Yosmali or AYDesign and displayed on or in connection with the AYDesign and Amy Yosmali Properties, to the extent owned or controlled by Amy Yosmali or AYDesign. These materials may be protected by copyright, performers’ rights, rights of publicity, contractual rights, and other applicable laws; the specific rights and their ownership vary by work and jurisdiction.

Protected Content includes images and reproductions of original artwork, whether the underlying image files are stored directly on a website or hosted by a third-party service and displayed through an embedded portfolio, gallery, collection, widget, link, or other integration. This includes, without limitation, artwork displayed through or hosted by ArtworkArchive.com and FineArtAmerica.com, as well as other third-party portfolio, gallery, image-hosting, print-on-demand, or content-delivery services used by Amy Yosmali or AYDesign.

Displaying, publishing, linking to, or embedding Protected Content does not grant permission to copy, download, extract, reproduce, distribute, license, modify, or otherwise exploit that content except as expressly authorized by the applicable rights holder or as permitted by law.

Artwork by Other Artists Displayed with Permission

AYDesign and Amy Yosmali may feature artwork, photographs, or other creative works by other artists when those artists or other authorized rights holders have given permission for the applicable display or promotional use. Such permission may cover presentation on AYDesign or Amy Yosmali websites, social media accounts, online portfolios, digital marketing, event announcements, or other promotional materials, depending on the terms of the permission granted. The artist or other applicable rights holder retains ownership and copyright in their work unless a separate written agreement expressly provides otherwise.

Permission for AYDesign or Amy Yosmali to display, share, reproduce, or promote another artist’s work for an agreed purpose does not grant permission to any third party to scrape, harvest, download, mine, copy, or use that work for AI training, machine learning, model development, dataset creation, image generation, style imitation, or related automated purposes. AYDesign and Amy Yosmali do not grant or imply such permission through the display or promotion of another artist’s work. These restrictions are intended to cover third-party artists’ works displayed through the AYDesign and Amy Yosmali Properties, including works featured on websites, social media, and digital marketing, to the extent permitted by applicable law and within the rights or authority held by the relevant artist, rights holder, Amy Yosmali, or AYDesign.

Nothing in this Statement transfers ownership of a third-party artist’s work to Amy Yosmali or AYDesign, or represents that AYDesign has authority to grant permissions beyond those actually received. Each artist’s work remains subject to the artist’s rights and any applicable license or written agreement.

Music, Musicians, Performances, Audio, and Video

Protected Content also includes music and musical works; compositions, arrangements, lyrics, sound recordings, audio recordings, audiovisual works, videos, photographs and video footage of musicians or performances, live-performance recordings, interviews, rehearsals, and related creative materials. This applies to content Amy Yosmali or AYDesign creates or records, and to content created or recorded by other artists, musicians, performers, photographers, videographers, producers, venues, media outlets, or other entities that is posted, embedded, linked, discussed, shared, or promoted through an AYDesign or Amy Yosmali Property, but only to the extent of the rights and authority held by the relevant rights holder or by Amy Yosmali or AYDesign.

Permission to feature or promote a musician, concert, recording, photograph, or video does not grant permission to download, copy, extract, reproduce, redistribute, sell, license, remix, sample, create merchandise from, or otherwise exploit the content beyond the permission expressly granted by the applicable rights holder. Nor does linking to, embedding, discussing, or promoting a recording created by another person grant AYDesign or Amy Yosmali ownership of it or authority to license it to others. No permission for AI training, voice cloning, vocal or instrumental imitation, music generation, performance replication, audio or video model training, dataset creation, automated cataloging, or other prohibited use is granted or implied by such linking or promotion.

These restrictions do not claim rights in third-party content that Amy Yosmali or AYDesign does not own or control, and they do not override the independent terms of a hosting platform or the rights of the actual rights holder. They state that display, linking, embedding, discussion, and promotion by AYDesign or Amy Yosmali are not themselves authorization for AI or other uses beyond the applicable permission.

Prohibition on AI Training, Machine Learning, and Data Mining

Unless the applicable rights holder or a person with authority to grant that permission has provided prior, express written authorization, no person, organization, company, automated agent, bot, crawler, scraper, data broker, or other system may access, collect, scrape, crawl, harvest, download, extract, reproduce, or otherwise acquire Protected Content for the purpose of:

• Training, pretraining, fine-tuning, testing, evaluating, benchmarking, or improving any artificial intelligence (AI), generative AI, machine learning, deep learning, neural network, computer vision, image recognition, image generation, or other automated learning system.
• Creating, compiling, enriching, maintaining, or distributing datasets, training corpora, image libraries, reference collections, embeddings, vector databases, or other machine-readable collections intended for AI or machine learning use.
• Teaching, modeling, analyzing, classifying, mapping, replicating, imitating, or reproducing artwork, artistic style, visual techniques, compositions, color relationships, brushwork, music, musical compositions, lyrics, sound recordings, audio, voices, vocal or instrumental performances, musicians’ or performers’ likenesses, video, editing, or other distinctive creative characteristics of Amy Yosmali or any other artist, musician, performer, or creator whose content is displayed, linked, embedded, discussed, or promoted through the AYDesign and Amy Yosmali Properties, through AI or automated systems.
• Generating, synthesizing, modifying, or producing images, artwork, designs, text, or other outputs based on, derived from, or substantially incorporating Protected Content.
• Incorporating, transmitting, selling, licensing, sharing, or otherwise making Protected Content available for any of the foregoing purposes, whether for commercial, noncommercial, research, educational, internal, private, or public use.

These restrictions apply whether the activity is conducted directly or through an intermediary, contractor, dataset provider, third-party platform, commercial service, research organization, or other entity. They apply to publicly accessible and privately maintained systems and datasets, to the extent permitted by applicable law.

Automated Access and AI Bots

Automated access to the AYDesign and Amy Yosmali Properties for any purpose prohibited by this section is expressly unauthorized. This prohibition applies to AI training crawlers, image scrapers, data-harvesting bots, automated agents, and other systems used to collect or acquire Protected Content for prohibited purposes, whether or not the system identifies itself as an AI bot.

No person or entity may circumvent technical restrictions, access controls, rate limits, or other measures intended to restrict or prevent unauthorized collection of Protected Content. Access to a website, the public availability of its content, the ability to view an image in a browser, or the technical accessibility of an embedded resource does not constitute permission to use Protected Content for AI training, model development, dataset creation, image generation, or any other use prohibited by this Statement.

These terms do not claim that every automated access is unlawful or prohibited. Limited access needed to deliver webpages and limited discovery of factual event information may occur as described in the ‘Limited Event Discovery and Calendar Listings’ subsection below. That narrow permission does not authorize crawling, indexing, cataloging, or displaying artwork in image-search services, nor does it authorize the automated analysis or other uses of Protected Content prohibited by this Statement. All such activities remain subject to applicable law and any express written authorization from the applicable rights holder.

Limited Event Discovery and Calendar Listings

AYDesign permits search engines, event-discovery services, calendar services, and similar automated services to access and display limited factual information about publicly announced AYDesign and Amy Yosmali events, programs, concerts, and music services for the purpose of event discovery and calendar listings. This limited permission is intended to help people find events and, where reasonably practicable, should include a link to the original event page or another official AYDesign or Amy Yosmali event source.

This limited permission applies to factual event information, such as the event or program title, date, time, venue or location, performer names, a brief factual description, the AYDesign or Amy Yosmali name, and a link to the official event source. It does not authorize copying or republishing substantial promotional text, artwork, paintings, photographs, graphics, music, audio, video, performance recordings, or other creative materials. An event-discovery or calendar service may use an image as a thumbnail or cover image only under the limited permission for Authorized Event-Listing Promotional Images described below, or under separate express written authorization from the applicable rights holder.

Permission to discover or list an art, music, or other event does not authorize image indexing, image cataloging, audio or video cataloging, audio fingerprinting, transcription, music recognition, voice analysis, image or audio scraping, visual or audio analysis, AI training, machine learning, data mining, dataset creation, voice cloning, music generation, performance replication, reproduction, merchandise use, style imitation, or any other use of Protected Content prohibited by this Statement. The event-discovery permission is narrow and does not create any broader license to use artwork, music, recordings, or other creative content.

Authorized Event-Listing Promotional Images

To facilitate event discovery, Amy Yosmali and AYDesign may make selected, purpose-made promotional graphics available through the official press resources at aydzn.com/press and yosmalijazz.com/press. These pages are intended to identify official event information and specific image assets that may be used for event listings. Only an image that is both (a) made available or specifically linked from the applicable official press page as an authorized event-listing asset and (b) identified by the marker EVENTPROMOIMAGE in its filename or accompanying asset description is covered by this limited permission. A filename marker by itself, without the image being designated on an official press page or otherwise expressly authorized in writing, does not grant permission.

For an image meeting those requirements, Amy Yosmali and AYDesign grant event-discovery and calendar services a limited, non-exclusive, royalty-free permission to display that image solely as a thumbnail, cover image, or preview image in a listing for the specific event identified by the asset or accompanying press information, for the purpose of informing the public about and promoting that event. The service may make only the technical resizing or cropping reasonably necessary for its listing format, must not materially alter the image or remove rights/credit information, and should link to the official event or press page where reasonably practicable. This permission does not authorize use in unrelated listings, merchandise, advertising unrelated to the event, image libraries, general image-search results, reverse-image-search databases, media catalogs, datasets, AI training, machine learning, automated analysis, image generation, or any other use prohibited by this Statement. If a service cannot use the asset within these limits, it must use a text-only listing unless the applicable rights holder separately authorizes another use in writing.

AYDesign will designate only images for which it has the necessary rights or specific permission from the applicable rights holder to authorize this limited event-listing use. If an asset contains or depicts another artist’s artwork, a musician, a performer, a photographer’s image, or other third-party material, the limited permission applies only to the extent the relevant rights holder has authorized that use. The press pages and filename marker are practical identification tools; they do not expand any rights held by Amy Yosmali or AYDesign and do not authorize uses beyond the scope stated here.

Prohibition on Image-Search Indexing, Media Cataloging, and Automated Analysis

Unless the applicable rights holder has provided prior, express written authorization for a specifically identified use, Amy Yosmali and AYDesign do not authorize artwork or other Protected Content to be crawled, indexed, cataloged, collected, organized, or displayed in image-search engines, image libraries, visual-search services, reverse-image-search databases, audio-search or music-recognition databases, audio/video libraries, performance-recognition services, or similar image, audio, video, or media-discovery and reference systems.

This restriction includes automated collection or analysis of artwork for visual recognition, image matching, classification, labeling, tagging, metadata extraction, feature extraction, style analysis, composition analysis, color analysis, brushwork analysis, or the creation of searchable visual indexes or reference collections. It applies whether the activity is performed for commercial, noncommercial, research, educational, internal, private, or public purposes, and whether the resulting information or collection is retained locally, shared, sold, licensed, or supplied to another person or service, to the extent permitted by applicable law and within the rights or authority held by the relevant rights holder.

This restriction covers artwork created by Amy Yosmali and artwork by other artists that AYDesign or Amy Yosmali displays or promotes with permission, but only to the extent of the applicable artist’s rights, the permission granted, and any authority held by Amy Yosmali or AYDesign. Permission to display, embed, publish, share, or promote an artist’s work does not mean permission to submit it to image-search services, create an image library, catalog it for automated retrieval, analyze it through automated systems, or allow a third party to do so.

The event-discovery permission does not authorize an event service to collect, index, or display artwork or other Protected Content in image-search services or media catalogs. The only exception is the narrow permission for an image expressly designated as an Authorized Event-Listing Promotional Image in the preceding subsection, and that exception permits use only within the specific event listing described there. It does not authorize general image-search indexing, cataloging, or any other reuse. Any other image or media use requires separate, express written authorization from the applicable rights holder.

Amy Yosmali and AYDesign request that image-search providers, automated systems, and other services honor these restrictions and any applicable technical exclusion instructions. These terms state that no permission is granted; they do not guarantee that third-party services will comply or that content already indexed will automatically be removed. Technical measures and removal requests may also be necessary, particularly for images hosted by third-party platforms. Nothing in this Statement claims ownership of another artist’s work or asserts rights beyond those held by the applicable rights holder.

Artwork Hosted on Third-Party Platforms or Embedded in a Website

The restrictions in this section expressly apply to Amy Yosmali’s artwork, other Protected Content, and artwork by other artists displayed with permission through third-party services, including ArtworkArchive.com and FineArtAmerica.com, and any other present or future portfolio, gallery, collection-management, image-hosting, print-on-demand, content-delivery, or embedded-media service, subject to the rights and permissions applicable to each work.

The fact that an image is hosted on ArtworkArchive.com, FineArtAmerica.com, or another third-party platform; served from another domain; displayed through an iframe, widget, or embedded gallery; or otherwise presented without being stored directly on an AYDesign website does not grant permission to scrape, download, copy, extract, train on, model, reproduce, or reuse that image for a purpose prohibited by this Statement, to the extent Amy Yosmali or AYDesign owns or controls the relevant rights.

These restrictions apply to the underlying artwork and image content, not merely to the webpage on which the content appears. They apply whether content is accessed through an AYDesign or Amy Yosmali website, a third-party hosting platform, an embedded component, a direct image URL, or another publicly accessible delivery method, to the extent Amy Yosmali or AYDesign owns or controls the relevant rights.

The restrictions also apply to copies of Protected Content collected from these platforms or obtained through third parties, including copies subsequently incorporated into datasets, AI training systems, model-development pipelines, image-generation systems, or other automated technologies.

Nothing in this section claims ownership of third-party materials or rights belonging to other parties. Materials owned by third parties remain subject to their respective rights and applicable terms. Amy Yosmali and AYDesign cannot independently control the technical practices or terms of third-party hosting platforms.

Audio, Video, Music, and Performance Recordings on Third-Party Platforms

The restrictions in this section apply to audio, video, audiovisual works, music, sound recordings, performance recordings, photographs, and footage hosted on or shared through YouTube and other third-party platforms, including content on the YouTube channel at youtube.com/@amyyosmali7286, as well as recordings or videos created by other entities that AYDesign or Amy Yosmali links to, embeds, discusses, shares, or promotes. A link, embed, mention, review, or promotional post does not grant permission to download, extract, reproduce, distribute, catalog, transcribe, analyze, train on, clone, imitate, remix, sample, or generate derivative content from that material.

No permission is granted under this Statement to use such content for AI training, audio or video model development, voice cloning, vocal or instrumental replication, music generation, automated transcription or analysis, sound or performance recognition, dataset creation, automated cataloging, or other prohibited purposes, except where the applicable rights holder has expressly authorized the specific use in writing or applicable law permits it. This provision is limited by the rights actually held by Amy Yosmali or AYDesign and does not claim ownership of, or impose terms on behalf of, an independent creator whose work is merely linked to or promoted.

Music and event-discovery services may use limited factual information about publicly announced concerts, performances, music programs, and related events under the Limited Event Discovery and Calendar Listings subsection. That narrow permission does not include the recording, audio, video, performance footage, photographs, or other creative media associated with the event unless the applicable rights holder separately authorizes that media use in writing.

 

No License or Implied Permission

No license, authorization, consent, or other permission to use Protected Content for AI training, machine learning, dataset development, model improvement, image generation, or related purposes is granted or implied by publication, display, accessibility, linking, or embedding.

Any exception requires prior, express written authorization from Amy Yosmali or an authorized representative of AYDesign that specifically identifies the permitted content, purpose, scope, duration, and applicable conditions. Permission to view, purchase, print, exhibit, or otherwise use an artwork for an expressly authorized purpose does not constitute permission to use it for AI training or another prohibited purpose.

Enforcement and Reservation of Rights

Amy Yosmali and AYDesign reserve all rights and remedies available under applicable law with respect to unauthorized access, reproduction, collection, distribution, training use, derivative exploitation, or other misuse of Protected Content.

To the extent permitted by law, Amy Yosmali and AYDesign may pursue available remedies, including requests to cease unauthorized activity, removal of improperly collected or distributed content, and claims for injunctive relief or damages where legally available. Nothing in this section waives any copyright, intellectual property, contractual, or other legal right or remedy available to Amy Yosmali or AYDesign.

Contact for Licensing and Permissions

Requests for permission to reproduce, license, train on, analyze, or otherwise use Protected Content must be submitted in writing to amy@aydzn.com and expressly approved before the proposed use begins. Silence, failure to respond, or public availability of content does not constitute permission.

7. Disclaimer of Warranties, Limitation of Liability, and Indemnification

To the extent permitted by applicable law, websites and content operated or controlled by Amy Yosmali or AYDesign are provided on an “as is” and “as available” basis. We do not warrant that a website will be uninterrupted, error-free, secure, or free from harmful components, or that all information will be accurate, complete, current, or suitable for every purpose. Nothing in this section excludes warranties or rights that cannot lawfully be excluded.

To the extent permitted by law, Amy Yosmali and AYDesign will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, or data arising from use of or inability to use a website or third-party service. This limitation does not exclude liability that cannot be excluded under applicable law.

To the extent permitted by law, you agree to be responsible for claims, losses, and expenses arising from your material breach of this Statement or your unlawful use of a property, except to the extent caused by the negligence, willful misconduct, or other conduct for which Amy Yosmali or AYDesign may not lawfully disclaim responsibility. Nothing in this section creates an obligation beyond what applicable law permits.

8. Miscellaneous

This Statement is governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where applicable law requires otherwise. Subject to mandatory law, disputes arising from this Statement or use of a property operated or controlled by Amy Yosmali will be brought in the state or federal courts located in Hamilton County, Ohio. This provision does not limit any nonwaivable rights or jurisdictional protections available under applicable law.

If any provision of this Statement is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law. This Statement does not create rights for third parties unless expressly stated. It supplements any separate terms that apply to a particular third-party service; where a third-party service’s terms govern your use of that service, those terms also apply.

Effective Date: March 20, 2026