Privacy Policy and Terms of Use

Last updated: January 2013

Privacy Policy

Volunteer Lawyers for the Arts (“we,” “us”) is concerned about online privacy and we want you to understand how we collect, use and disclose your personal information through our website located at www.vlany.org (the “Site”). This Privacy Policy does not address our practices regarding information that we collect through any website, or by any other means, other than through the Site. By using the Site, you agree to this Privacy Policy.

1. What Types of Information Do We Collect From You?

We gather two basic types of information through the Site: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”).

Personally Identifiable Information identifies a person as an individual. You do not have to provide PII to use the Site, but we may ask that you do so in order to provide you with certain Site functionality. The information we ask for may include your name, postal address, telephone number and e-mail address. We may also provide functionality so that you can send messages about Site-related content to a friend; by using this functionality, you affirm that you are entitled to provide us with the recipient’s name and e-mail address for this purpose.

Non-Personally Identifiable Information does not personally identify you. Non-PII may include your MAC address, your computer type, screen resolution, OS version, Internet browser, cookies, pixel tags, web beacons and other similar technologies to better serve you with more tailored information and facilitate your ongoing use of the Site. (If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/.) Non-PII may also include your Internet Protocol (IP) address, which is a number that is automatically assigned to your computer by your Internet Service Provider (ISP), and which is logged automatically in our server log files whenever you visit the Site, along with the time of your visit and the pages that you visited. Additionally, Non-PII may include demographic data (such as your location), aggregate data, or other data that has been de-identified such that it no longer identifies a particular individual.

2. How Do We Collect Information?

When you are asked to enter information through the Site, you may be directed to a web page that is hosted by a third-party data collection service (the “Data Collection Service”) or the Data Collection Service’s service provider and not by us (such page, a ”Data Collection Page”). Any PII that you provide through a Data Collection Page will be collected by both the Data Collection Service and us. The Data Collection Service’s privacy policy governs such Data Collection Service’s collection, use and disclosure of PII, and this Privacy Policy governs our collection, use and disclosure of PII. We have no control over the Data Collection Service’s use of information collected in connection with the Site. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY DATA COLLECTION SERVICE. Currently, our Data Collection Service is Constant Contact, Inc. and its privacy policy is available at http://www.constantcontact.com.

We may also use one or more third-party payment services (each, a “Payment Service”) to collect donations or contributions made through the Site (each such donation or contribution, a “Donation”). If you wish to make a Donation through the Site, you may be directed to a web page hosted by the applicable Payment Service or Payment Service’s service providers and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to Payment Service’s user agreement and privacy policy, not this Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for any Payment Service’s services, its site or any acts or omissions of such Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site. We have no control over a Payment Service’s use of information collected through the Payment Service Page. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH THE PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF PAYMENT SERVICE.

3. How Do We Use the Information That We Collect?

Personally Identifiable Information. We may use PII:

• to fulfill your requests, such as to send newsletters to you.
• to send to you important information about the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving these communications.
• to tell you about products, programs, services, opportunities and promotions that we believe may be of interest to you.
• to send messages about products, programs or services to friends when you choose to use the Send Page to a Friend feature on the Site. We will not use your friend’s PII except to enable the message to be sent, unless we disclose any other use to you when you provide this PII; however, you should consult the Data Collection Service’s privacy policy to see how it may use your friend’s PII. Your friend may be able to see your name and e-mail address.
• for internal business purposes, such as data analysis, audits, improving Site functionality and identifying usage trends.

Non-Personally Identifiable Information. Non-PII does not personally identify you. Accordingly, we may use this information and share it with third parties for any purpose. We may combine Non-PII with PII, such as combining your geographic location with your name, but if we do this the information will be treated by us as PII for so long as it is combined. We may aggregate PII such that the end-product does not personally identify you or any other user of the Site.

Legal Requirements. We may use PII and Non-PII for any purpose required or permitted by the law of any country.

4. How Do We Disclose Information?

We may disclose PII as follows:

• to third parties who provide services to us, so that they can provide the services, such as data analysis, infrastructure provision, IT services, e-mail delivery services and other similar services.
• to a third party if you choose to use the Send Page to a Friend feature on the Site.
• to a third party if we reorganize, merge, sell, assign, transfer or dispose of all or any part of our business, assets or stock.
• to comply with legal process, to respond to requests from governmental and/or public authorities of any country in which we operate, to enforce our terms and conditions, to protect our operations, to protect your and our rights, privacy, safety or property, and to enable us to pursue available remedies or limit the damages that we may sustain.

As noted above, because Non-PII does not personally identify you, we reserve the right to share such Non-PII with third parties, for any purpose.

5. Other Important Notices.

Promotions. We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about our use of your PII. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Privacy Policy, the terms and conditions of such rules will control.

Third Party Sites. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including without limitation any third party operating any site to which this Site contains a link. The inclusion of a link on the Site does not imply our endorsement of the linked site.

Security. We seek to use reasonable measures to protect PII under our control; however, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send to us any sensitive information via e-mail. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at the contact address given below. If you choose to notify us by physical mail this will delay the time it takes for us to respond to the problem.

Opt-Out. If you change your mind, and no longer wish to receive electronic newsletters and other informational e-mails from us (except for administrative e-mails from which you may not opt-out), you may opt-out of receiving these e-mails by following the “unsubscribe” instructions contained in the most recent such message that you have received from us. We will endeavor to comply with your request as soon as reasonably practicable. If you do opt-out, we will not be able to remove your PII from the databases of third parties with which we have already shared your PII.

Updating PII. If you would like to update PII about you that has been previously provided to us through the Site, you may do so by notifying us at kwagner@vlany.org. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. We are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared PII about you.

Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide PII through the Site.

Jurisdictional Issues. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by e-mail at kwagner@vlany.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Updates to this Privacy Policy. We may update this Privacy Policy from time to time – you can see when it was last updated by referring to the “LAST UPDATED” legend at the top of this page. Any updates are effective when the updated Privacy Policy is posted on the Site. You may wish to review the Privacy Policy from time to time to see any updates to the way in which we use your personal information. By using the Site after the Privacy Policy has been updated, you agree to the terms of the Updated Privacy Policy.

Terms of Use

This site (together with any successor site(s) and all Services (as defined below), the “Site”) is operated by Volunteer Lawyers for the Arts (“we,” “us”). Your use of the Site is governed by these Terms of Use (this “Agreement”), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).

1. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

2. Jurisdictional Issues. The Site is controlled and operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Description of the Services. We provide Site users with access to services and content of interest to members of the arts community, which services and content may include, without limitation, the following: (a) services such as information about us, registration functionality, donations, research tools, databases, classes and other educational information, legal and other resources, “send to a friend” functionality, and links to third-party websites; and (b) content such as photographs, graphics, images, text, data and other similar content (such content and services, collectively, the "Services").

WHILE THE INFORMATION ON THIS SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. ANYONE ACCESSING INFORMATION ON THE SITE SHOULD NOT ACT WITHOUT FIRST SEEKING LEGAL COUNSEL. FURTHER, INFORMATION AVAILABLE ON THE SITE IS GENERAL IN NATURE, AND MAY NOT APPLY TO PARTICULAR FACTUAL OR LEGAL CIRCUMSTANCES.

We reserve the right, with or without prior notice, to discontinue the Site or any Services; to bar any user from making any or all Donation(s) (as defined below); or to refuse to provide any user with access to the Site or any Services. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Donations.

4. Information You Submit. When you submit personal information through the Site, you may be directed to a webpage that is hosted by a third-party data collection service (the “Data Collection Service”) or such Data Collection Service’s service provider and not by us (such page, a “Data Collection Page”). Any information that you provide through a Data Collection Page will be collected by both the Data Collection Service and us. The Data Collection Service’s privacy policy governs such Data Collection Service’s collection, use and disclosure of such submitted information, and our privacy policy, located above (the “Privacy Policy”) governs our collection, use and disclosure of such information. Currently, our Data Collection Service is Constant Contact, Inc., and its privacy policy is available at http://www.constantcontact.com. You agree that any information that you submit to us is true, accurate and complete, and you will maintain and update such information regularly.

5. Rules of Conduct. If you use the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. We may terminate your use of the Site for any conduct that we consider to be inappropriate. You agree that you will not:

• Post, transmit, or make available through or in connection with the Site:

o Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

o Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

o Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

o Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

o Any personal information about or pertaining to any third party without such party’s prior written consent.

o Any material, non-public information about a company without the proper authorization to do so.

• Use the Site for any fraudulent or unlawful purpose.
• Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
• Impersonate any person or entity; lie about your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
• Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
• Frame or mirror any part of the Site without our express prior written consent.
• Create a database by systematically downloading and storing Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Operators of public search engines are allowed use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

6. Donations. If you wish to make a donation or contribution through the Site (a “Donation”), please note that we may use one or more third-party payment services (each, a “Payment Service”) to collect such Donations. If you wish to make a Donation, you may be directed to a web page hosted by the applicable Payment Service (or such Payment Service’s service providers) and not by us (the “Payment Service Page”). Your use of the Payment Service Page will be subject to Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for Payment Service’s services, its site or any acts or omissions of Payment Service. We note that we reserve the right to discontinue or change any third-party payment service used in connection with this Site.

7. Third-Party Resources. Descriptions and images of, and references to, third-party resources or services appearing on the Site (“Resources”) do not imply our endorsement of such Resources. All descriptions, images, references, features, content, specifications, products and prices described or depicted on this Site, are subject to change at any time without notice. References to any Resources on this Site at a particular time do not imply or warrant that these Resources will be available at any time.

8. Registration. You may need to register to use part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, on your Site account.

9. License. The Site may contain areas where you can post information and materials (each, a “Submission”). For each Submission that you post, you grant to us and our affiliates and our respective service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable license, without compensation to you, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter, refuse to post or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy. If you become aware of any unlawful, offensive or objectionable materials(s) on the Site (except for material that infringes copyright, which is discussed in Section 20 below), contact us at ssarmiento@vlany.org with your name and address, a description of the material(s) at issue and the URL or location or such materials.

11. Our Proprietary Rights. We and our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Our trade names, trademarks and service marks include, without limitation, “Legal and Business Bootcamp,” “MediateArt,” “Events to Go,” the VLA logo and any other associated logos. All trademarks and service marks on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

12. Links. The Site may provide links to other web sites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.

13. Limitations of Liability and Disclaimers. THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third-party alterations to the Site, contact us at ssarmiento@vlany.org with a description of the material(s) at issue and the URL or location of such materials.

14. Indemnity. You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

15. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site). Sections 2, 3, 5, 7-11, and 13-22 shall survive any expiration or termination of this Agreement.

16. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.

17. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to this Agreement shall be settled by a single arbitrator in an arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”), as modified by this Agreement. The Arbitration Rules are available online at http://www.adr.org/sp.asp?id=22440. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the county of New York in the State of New York. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the county of New York in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to kwagner@vlany.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

19. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.

20. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Kathryn E. Wagner, Esq.
Volunteer Lawyers for the Arts
1 East 53rd Street, 6th Floor
New York, NY 10022
T: 212.319.2787
F: 212.752.6575
E: kwagner@vlany.org

We suggest that you consult your legal advisor before filing a notice or counter-notice.

21. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

22. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.