Last updated: January 2013
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.
2. How Do We Collect Information?
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.
• 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.
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 email@example.com. 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.
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.
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.
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.
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 firstname.lastname@example.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 email@example.com. 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
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.
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