Terms of Use - Caroga Arts Collective

Last Modified: May 16, 2017

ACCEPTANCE OF THE TERMS OF USE

Welcome to the website of the Caroga Arts Collective (“CAC”, “we” or “us”) located at www.carogaarts.org. These Terms of Use (“Terms of Use,” or “Agreement”) apply to this website and any other websites under the control of The Caroga Arts Collective (the “Website”), however the Website is accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads that are operated by CAC that are made available by us. In addition to the Content on the Website and the services provided by CAC through the Website (“Services”), the Website provides you with various opportunities to submit Content and participate in various community Services.

Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO THE PRIVACY AND INFORMATION SECURITY POLICY (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

SUBMISSIONS & RESTRICTIONS ON USE

You agree that you are responsible for any submissions you make on this Site. You shall not submit unlawful, defamatory, abusive, obscene, or offensive material. You agree that you will not submit anything to the Site that will or may violate any rights of a third party, including but not limited to copyright, trademark, and/or privacy rights. We may revise and update these Terms of Use from time to time in our sole discretion.

Unless expressly noted otherwise, all materials on this Site are protected by copyright, trademarks, service marks, and/or other intellectual property rights held by CAC, its initiatives, affiliates, or other parties that have allowed CAC to use their materials. All rights not expressly granted are reserved.

If you would like to reproduce, distribute or use any materials on this Site, please contact info@carogaarts.org.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and we do not endorse the linked site or anything on it. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DONATIONS

All donations made using this Site must be made in compliance with federal, state, and local laws relating to charitable contributions, including but not limited to the U.S. Patriot Act and the IRS Tax Code, as they may be amended from time to time.

CAC’s Privacy Policy is committed to help you understand how CAC uses information that is collected from your computer and the information you submit to the website on your visits to this Site. Our Privacy Policy is part of these Terms of Use and is incorporated fully herein. To review the policy in full, visit our Privacy Policy page.

MODIFICATION

CAC may and will modify any of these Terms of Use, including our Privacy Policy, at any time, for any reason, by making changes to the Terms and/or these postings. Your continued use of this Site, after such modifications, constitutes acceptance of such modifications.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CAC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CAC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMERS

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAC NOR ANY PERSON ASSOCIATED WITH CAC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAC NOR ANYONE ASSOCIATED WITH CAC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CAC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING EXLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION ON LIABILITY

IN NO EVENT WILL CAC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless CAC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

RELEASE

In the event that you have a dispute with one or more other users of the Website, you release the Caroga Arts Collective (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

* Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

* Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for CAC.

* Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

* Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

* Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS CAC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CAC OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

These Terms of Use, including our Privacy Policy, and your use of the Site are governed by the laws of the State of New York, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in New York City, New York, U.S.A., except to the extent you are prohibited from doing so by a Mandate.

WAIVER AND SEVERABILITY

No waiver of by CAC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CAC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms and Conditions are the entire agreement between the user and the Caroga Arts Collective and supersede any prior understandings or agreements (written or oral).

YOUR COMMENTS AND CONCERNS

If you have any questions about these Terms of Use, including any particular provision or our Privacy Policy, please send us a message through our Contact Page.

Thank you for visiting the Website.

The use of this site signifies your agreement to the terms of use, including CAC’s privacy policy.