TERMS OF USE
PLEASE
READ THE FOLLOWING TERMS OF USE CAREFULLY
This
web site located at www.ArtSFest2004.com (the “Site”) is provided
by ArtSFest™ (“ArtSFest”) subject to these terms of
use (“Terms of Use”) , the privacy policy which is located
at www.artsfest2004.com (“Privacy Policy”) and all modifications
of either of the foregoing (collectively, the “Terms of Use”).
By using this Site, you (“You”) and other users (together
with You, the “Users”) are deemed to have agreed to these
Terms of Use.
Your access to some areas of the Site may be subject to certain membership
and/or registration requirements in the sole discretion of ArtSFest (“Restricted
Areas”). If you are an authorized user of the Restricted Areas,
you agree that you are entirely responsible for maintaining the confidentiality
of your password and account information, if any, and agree to notify
ArtSFest if the password is lost, stolen, disclosed to an unauthorized
third party, or otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities which occur under
your account, including any fees which may be incurred under your password-protected
account, whether or not you are the individual who undertakes such activities.
Internet Access
You acknowledge and agree that in connection with Your use of the Site,
You must: (i) provide for Your own access to the World Wide Web and pay
any service fees associated with such access, and (ii) provide all equipment
necessary for You to make such access and connection to the World Wide
Web, including a computer, software and a means of connecting to or accessing
the Internet. ArtSFest shall not be responsible for any malfunctions,
errors, crashes or other adverse events that may occur from Your use of
the Site.
Site Content
All information, documents, products and services provided on this Site,
including but not limited to that which is protected by trademarks, service
marks, trade names, copyrights and other intellectual property rights
owned by ArtSFest and its licensors (“Site Content”). As between
You and ArtSFest, ArtSFest is the sole owner of all rights, title and
interest in and to Site Content. Except as otherwise expressly provided
herein, Your use of the Site does not grant to You a license to any Site
Content. You may not download, archive or save a copy of the Site for
any purpose, except You may download, print or make copies of individual
screens and documents appearing as part of the Site solely for Your own
personal or business purposes, provided that any marks, logos or other
legends that appear on such screens and documents remain on, and are not
removed from the downloaded, printed or stored screens or documents. Except
as expressly permitted in these Terms of Use, You may not modify, copy,
publish, translate, display, transmit, distribute, transfer, frame, adapt,
create derivative works from or in any way exploit the Site Content. You
may not allow access to or use of the Site, or any portion thereof, by
or for the benefit of any third parties including, without limitation,
providing timeshare services, service bureau services, outsourcing or
consulting services. Any commercial use of the Site is strictly prohibited.
Except as stated herein, you acknowledge that you have no right, title
or interest in or to the Site Content on any legal basis, without the
advance written authorization of ArtSFest.
Peer Groups;
User
Content
ArtSFest may make available certain public and/or private forums such
as bulletin boards, e-mail lists or chat rooms (collectively, “Peer
Groups”) on the Site. Use of any Peer Group is subject to these
Terms of Use and any other notice or policy applicable to a particular
Peer Group or Peer Groups in general. Information, data, text, music,
sound, photographs, graphics, video, messages and other content and materials
that You may post to the Site via e-mail, uploading, posting, chat room,
bulletin board or otherwise, or that You otherwise supply to ArtSFest
shall be referred to herein as “User Content.” Users should
be aware that when they voluntarily disclose personal information (e.g.,
user name, e-mail address, phone number) on or through Peer Groups, that
such information is generally accessible to and may be collected and used
by others and may result in unsolicited messages from other people. Users
of the Site are encouraged to exercise caution when providing personal
information about themselves. You agree that You are solely responsible
for the origination, accuracy, completeness, ownership, publication and
dissemination of, and that You, and not ArtSFest, are entirely responsible
for, Your User Content. By submitting or sending User Content to the Site
or ArtSFest, You represent and warrant that such User Content is original
to You, that no other party has any rights to such User Content and that
such User Content does not violate, infringe or misappropriate any third
party right or applicable law.
By submitting or sending User Content to ArtSFest or otherwise making
User Content available for display on or through the Site, You grant ArtSFest
the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to (in any media known or not
currently known or invented) use, reproduce, modify, link to, adapt, publish,
translate, exploit, create derivative works from, distribute, perform
and display such User Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, in connection with the Site. You also warrant that any “moral
rights” in the User Content have been waived.
You acknowledge that you are responsible for the User Content that you
submit via the message boards or otherwise and that you, and not ArtSFest,
will have full responsibility for each such submission, including its
legality, reliability, appropriateness, originality and copyright. Unless
otherwise explicitly stated herein or in the Privacy Policy, you agree
that any User Content provided by you in connection with this Site outside
the Restricted Areas is provided on a non-proprietary and non-confidential
basis. You agree that ArtSFest shall be free to use or disseminate User
Content which is posted outside the Restricted Areas on an unrestricted
basis for any purpose. No information you submit shall be deemed confidential.
However, ArtSFest agrees to use your information in accordance with the
Privacy Policy applicable to personally identifiable user data. YOU RETAIN
OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE
TO ANY INFORMATION YOU SUBMIT TO ARTSFEST.
ArtSFest does not pre-screen, monitor, review or otherwise edit User Content
posted, or otherwise made available, on or through the Site. However,
ArtSFest (or a designee) reserves the right (but assumes no obligation)
to, at its sole discretion, refuse, edit or remove any User Content, in
whole or part, that, in ArtSFest’s sole judgment, does not comply
with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate
or inaccurate. ArtSFest is not responsible for any failure, non-failure
or delay in refusing, editing or removing such User Content.
Third Party Content
Certain information and content may be provided by third parties to ArtSFest
(“Third Party Content”). The Third Party Content is, in each
case, the copyrighted work of the creator/licensor, and may be subject
to terms of use and/or privacy policies of such third parties. Please
contact the appropriate third party for further information regarding
such terms. ARTSFEST DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES
OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase
goods and/or services, or participate in promotions of advertisers or
members or sponsors showing their goods and/or services on or advertised
through the Site. Unless otherwise stated, any such correspondence, purchase
or promotion, including the delivery of and the payment for goods and/or
services, and any other term, condition, warranty or representation associated
with such correspondence, purchase or promotion, is solely between you
and the applicable third party. You agree that ArtSFest has no liability,
obligation or responsibility for any such correspondence, purchase or
promotion between you and any such third party.
User Conduct and User Content
You may not upload, post, email or otherwise transmit any User Content
on or through the Site that: (i) infringes any proprietary rights of any
person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually
graphic, invasive of another’s privacy, or hateful; (iii) victimizes,
harasses, degrades, or intimidates an individual or group of individuals
on the basis of race, ethnicity, gender, religion, sexual orientation,
age, or disability; (iv) contains unsolicited or unauthorized advertising,
promotional materials, “spam,” “chain letters,”
or any other form of solicitation; or (v) contains software viruses or
any other computer code, files or programs designed to or which may interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment or any other similarly destructive activity.
You further agree that You will not: (i) use the Site, or any part thereof,
to “stalk” or harm any other User or any other person in any
way; (ii) impersonate any person or entity, including but not limited
to an officer, director, or representative of ArtSFest, or falsely state
or otherwise misrepresent Your identity or affiliation with a person or
entity; (iii) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any User Content transmitted on or through the
Site; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere
with or disrupt the Site or servers or networks connected to the Site,
or the use thereof, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site; (vi) “hack,”
infiltrate or otherwise seek to gain unauthorized access to, or compromise
the integrity of, the Site; (vii) harvest, collect or store information
about the Users of this Site, the User Content posted by others on this
Site or any other data or information on this Site, or use such information
for any purpose inconsistent with the purpose of this Site; (viii) breach
or attempt to breach the security of software, network, servers, data,
computers or other hardware relating to the Site or that of any third
party that is hosting or interfacing with any part of the Site; (ix) create
any frames at any other Web sites containing or incorporating the Site
or any Site Content; or (x) violate any applicable local, state, national
or international law or regulation.
You agree to maintain the strict confidentiality of any passwords issued
to You for Your use or access to the Site, or any portion thereof, and
You agree not to allow any other entity to use any username(s) or password(s)
that are issued to You.
Linked Sites
You may be able to link to third parties’ Web sites (“Linked
Sites”) from the Site. Linked Sites are not necessarily reviewed,
controlled or examined by ArtSFest in any way and ArtSFest is not responsible
for the content, availability, advertising, products or other materials
of any such Linked Sites, or any additional links contained therein. Links
do not imply ArtSFest’s endorsement of or association with the Linked
Sites. You acknowledge that ArtSFest is providing these links to you only
as a convenience, and further agree that ArtSFest is not responsible for
the content of such sites. Your use of other sites is subject to the terms
of use and privacy policies located on the linked sites.
Privacy Policy
We encourage You to read our Privacy Policy,
which is incorporated by reference into these Terms of Use.
Disclaimer of Warranties
ARTSFEST, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS,
WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE,
INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND
THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY
STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND
ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON
AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL
USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTSFEST
OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS,
AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
THE INABILITY TO USE, OR RELIANCE ON THE SITE OR THE CONTENT, MATERIALS
AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN
IF ARTSFEST OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF THE FORM OF ACTION. TO THE EXTENT SUCH LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT
RECOGNIZED, SUCH LIMITATION OR EXCLUSION WILL BE INTERPRETED TO APPLY
ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ARTSFEST
BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED
OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH
THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTSFEST TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE
TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT
OF SITE USE FEES, IF ANY, PAID BY YOU TO ARTSFEST TO USE THE SITE.
Certain jurisdictions do not allow the exclusion of implied warranties
or limitation of liability for incidental or consequential damages, so
the exclusions set forth above may not apply to you.
Access, Maintenance of Site
ArtSFest may, at any time, temporarily limit or suspend in whole or in
part, a User’s access to the Site if such User is in breach, or
if ArtSFest has reason to believe such User is in breach, of these Terms
of Use. ArtSFest may change, add or remove any of the services or features
available on the Site, or may discontinue the Site as a whole, at any
time. ArtSFest shall not be responsible for any outages, technical failures
or defects in the Site.
User Warranties
You represent and warrant that Your use of the Site shall be in accordance
with these Terms of Use and all applicable laws, statutes, rules, regulations,
ordinances and policies of all applicable worldwide jurisdictions.
User Indemnification
By agreeing to use the Site, You agree to defend, indemnify and hold ArtSFest,
its affiliates, officers, directors and employees harmless from any and
all claims, liabilities, costs and expenses, including reasonable attorneys’
fees, arising in any way from Your use of the Site, any violation of these
Terms of Use by You, or any User Content You post on or through the Site.
Copyright Agent
We respect the intellectual property rights of others, and require that
Users of the Site do the same. If You believe that Your work has been
copied in a way that constitutes copyright infringement, please forward
the following information to the Copyright Agent named below:
• Your address, telephone number, and email address;
•
A description of the copyrighted work that You claim has been infringed;
•
A description of where the alleged infringing material is located;
•
A statement by You that You have a good faith belief that the disputed
use is not authorized by You, the copyright owner, its agent, or the law;
•
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; and
•
A statement by You, made under penalty of perjury, that the above information
in Your Notice is accurate and that You are the copyright owner or authorized
to act on the copyright owner’s behalf.
Copyright Agent:
Brad Nye
319 Miller Avenue
Mill Valley, CA 94941
info@ArtSFest2004.com
Phone: 415-381-0280
Fax: 415-381-1574
Changes to Terms of Use
ARTSFEST
MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME AND AT ANY TIME, AND WITHOUT
ACTUAL NOTICE TO YOU. ALL SUCH CHANGES TO THESE TERMS OF USE WILL APPEAR
ON THIS PAGE OF THE SITE. WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE
TERMS OF USE REGULARLY. BY USING THE SITE FOLLOWING ANY MODIFICATIONS
TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS
TO THESE TERMS OF USE.
Applicable Laws/Jurisdiction
We control and operate this Site from our offices in the United States
of America. The Site Content may not be appropriate or available for use
in other locations. Persons who choose to access this Site from other
locations do so on their own initiative, and are responsible for compliance
with local laws. If you use this Site from outside the United States of
America, you are entirely responsible for compliance with applicable local
laws, including but not limited to the export and import regulations of
other countries in relation to the Site Content and the Third Party Content.
Unless
otherwise explicitly stated, all marketing or promotional materials found
on this Site are solely directed to individuals, companies or other entities
located in the United States.
Choice of Law
These Terms of Use and the relationship between You and ArtSFest shall
be governed and interpreted in accordance with the laws of the State of
California, without regard to its conflict of law provisions. You agree
to submit to the exclusive jurisdiction over all disputes hereunder and
venue in the federal and state courts in the State of California located
in San Francisco County.
Miscellaneous
ArtSFest does not monitor your data or transmissions, yet, ArtSFest does
actively monitor accounts for system utilization. However, you agree that,
in ArtSFest’s efforts to promote good citizenship within the Internet
community, if ArtSFest becomes aware of inappropriate use of the Site
or any ArtSFest service, ArtSFest may respond. You acknowledge that ArtSFest
will report to law enforcement authorities any actions which may be considered
illegal, as well as any reports it receives of such conduct. When requested,
ArtSFest will cooperate fully with law enforcement agencies in any investigation
of alleged illegal activity on the Internet.
If
you violate these Terms, ArtSFest reserves the right to terminate your
ability to post submissions without notice. In addition, you agree to
terminate your use of the Site upon request. ArtSFest’s preferred
course of action is to advise you of your inappropriate behavior and recommend
any necessary corrective action.
The
failure of ArtSFest to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other
provisions of these Terms of Use shall remain in full force and effect.
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