Terms of Use

These Terms of Use (these “Terms”) apply to your use of the web site operated by Art For All - NC, a North Carolina nonprofit organization (“Art For All - NC”), at www.artforall-nc.org including and all pages and posts thereon (collectively, the “Site”).  In these Terms, “we,” “us,” and “our,” refer to Art For All - NC.  By accessing the Site, you consent to these Terms.  If you do not agree with any of these Terms, you may not access or use the Site.  We reserve the right to modify, amend, or revise any or all of these Terms at any time.  Any such modification, amendment or revision will be effective immediately upon publication on the Site.

All content on the Site, including, but not limited to, text, photos, videos, graphics, and sound and the look and feel and other components of the Site (the “Content”) is owned or controlled by, or licensed to, Art For All - NC, and is protected by copyright, trademark, and trade dress laws.  You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content without our prior written consent.  For so long as you abide by these Terms, we grant you a personal, non-exclusive, non-transferable, limited right to access and use the Site and to view the Content.  By viewing the Content, you acknowledge that you do not acquire any ownership rights therein.  All rights not expressly granted herein are reserved by Art For All - NC.

You may not use the Site for any illegal or unauthorized purpose.  You may not attempt to gain unauthorized access to any portion of the Site, or to any systems or networks connected to the Site or any server on which the Site is hosted, by hacking or any other illegitimate means.  You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security of the Site or any network connected to the Site.  You agree that you will not take any action that imposes an unreasonable load on the network or servers hosting the Site, or use any device, software or routine to interfere with the normal functioning of the Site, or with any other person’s use of the Site.

You acknowledge and agree that we make no representation, warranty, promise or guarantee that the Content posted on the Site will be error free, truthful, or accurate, and we will not be liable to you for any deficiencies resulting therefrom.  The Site may contain links to independent third party web sites.  These links are provided solely as a convenience to you.  The linked sites are not under our control, and we are not responsible for and do not endorse the content of those sites, including any information contained on such sites.  You visit these sites at your own risk.

You understand we collect certain information about you and other users, including, but not limited to, information which identifies your application software and peripheral hardware; device and application IDs; geographic location; and information related to Site usage.  You hereby consent to our use and disclosure of such information in connection with: (a) our provision of the Site and enforcement of our rights hereunder; and (b) the creation of benchmarking, statistical, research and marketing analyses, surveys, reports and studies, but only in aggregate, blinded, non-personally identifiable formats that do not identify, reference or imply an association with you.  For the purposes set forth in subsection (b) hereof, you hereby grant us a non-exclusive, perpetual, worldwide, fully-paid up, royalty-free license.  By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure.  For additional information about how we use and protect your information, please review our privacy policy posted at jseaverart.com/privacy-policy

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART FOR ALL - NC AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE CONTENT.  ART FOR ALL - NC AND ITS AFFILIATES SPECIFICALLY DO NOT PROVIDE ANY WARRANTY: (A) THAT THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SITE OR THE CONTENT. YOUR USE OF THE CONTENT IS AT YOUR OWN RISK AND YOU ASSUME ALL LIABILITY FOR OUTCOMES BASED THEREON. 

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IN NO EVENT WILL ART FOR ALL - NC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ART FOR ALL - NC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR UNDER THESE TERMS OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOSS OF DATA OR USE.  FURTHER, IN NO EVENT WILL ART FOR ALL - NC’S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED DOLLARS ($100).  NO CLAIM MAY BE ASSERTED BY YOU AGAINST ART FOR ALL - NC MORE THAN TWELVE (12) MONTHS AFTER THE EARLIER DATE OF: (A) THE CAUSE OF ACTION UNDERLYING SUCH CLAIM; AND (B) THE TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITE.  NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN IS PERMITTED BY APPLICABLE LAW.  IN ADDITION, SOLELY IF AND TO THE EXTENT REQUIRED IN ORDER TO MAKE THIS LIMITATION OF LIABILITY ENFORCEABLE UNDER APPLICABLE LAW, NOTHING SET FORTH IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

You agree our failure to enforce any right or provision of these Terms will not be deemed a waiver of any such right or provision.  In the event that a provision of these Terms is held to be invalid or unenforceable for any reason, then that provision will be limited to the minimum extent necessary to uphold these Terms, and the remaining provisions of these Terms will remain in full force and effect.

At your sole cost and expense, you hereby agree to defend and hold harmless ART FOR ALL - NC and its directors, employees, consultants, representatives, agents, successors, and assigns (the “Indemnities”) in any action or claim, and to indemnify Art For All - NC and the Indemnities from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from such action or claim and related to: (a) your breach of any term, condition, representation or warranty set forth in these Terms; (b) your infringement or misappropriation of any intellectual property, privacy or other rights of any third party; and/or (c) your violation of applicable law.  Art For All - NC reserves the right, at your expense, to assume the exclusive defense and control of any claim hereunder for which you are required to indemnify us, and you agree to cooperate with our defense of such claim. 

These Terms will commence on the first date you access the Site and will terminate on the earlier of the date that: (a) your then-current Site session expires or terminates; or (b) we stop offering the Site, either permanently or temporarily, or revoke your right to use the Site.  Upon termination of these Terms, all licenses and other rights granted to you in these Terms will immediately cease.  The provisions of these Terms that by their nature and context are intended to survive the performance and termination of these Terms, including, without limitation, the disclaimers, limitation of liability, and indemnification obligations set forth above, will survive the termination of these Terms. 

These Terms are governed by and interpreted in accordance with, the laws of the State of North Carolina except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction.  You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located within Wake County, North Carolina with regard to any suit or claim arising from or under these Terms or your use of the Site.

Questions about these Terms should be addressed to j.seaver@artforall-nc.org. We will be free to use any feedback you provide on an unrestricted basis.