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Art In The Park Terms of Use

Published on May 3rd 2024

This website is owned by Art in the Park Inc., a 501(c)(3) organization (hereinafter, “AITP”).

These Terms of Use, together with AITP’s Privacy Policy, set forth the terms and conditions

(“Terms”) that apply to your access and use of AITP’s website located at

https://www.artinthepark128.org/ (the “Site”, and the provision of the Site and any services made

available through the Site, the “Services”).

 

YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SITE. BY USING THE

SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE AND CONFIRM THAT

(A) YOU ARE EITHER AT LEAST 18 YEARS OLD OR IF NOT, YOU ARE USING THE

SITE/SERVICES WITH THE PERMISSION AND CONSENT OF YOUR PARENT OR

LEGAL GUARDIAN, AND (B) YOU (OR YOUR PARENT OR LEGAL GUARDIAN, AS

APPLICABLE) HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE OR USE

THE SERVICES.

 

1. Prohibited Conduct. When using the Site/Services, you are strictly prohibited

from taking any of the following actions, and you hereby agree not to:

 

A. Use the Site or Services for any illegal purpose or to carry out any illegal acts, or

in violation of any local, state, national, or international law;

 

B. Violate or encourage others to violate the rights of third parties, including privacy

or intellectual property rights;

 

C. Post, upload, or distribute any content that is unlawful, defamatory, libelous,

inaccurate, or that a reasonable person could deem to be objectionable, profane,

indecent, pornographic, harassing, threatening, hateful, or otherwise

inappropriate;

 

D. Interfere in any way with security-related features of the Site;

 

E. Interfere with the operation or any user’s enjoyment of the Site or Services,

including by uploading or otherwise disseminating viruses, adware, spyware,

worms, or other malicious code, making unsolicited offers or advertisements to

other users, or attempting to collect personal information about users or third

parties without their consent;

 

F. Access, monitor or copy any content or information of the Site using any robot,

spider, scraper, or other automated means or any manual process for any purpose

without AITP’s express written permission;

 

G. Perform any fraudulent activity, including impersonating any person or entity,

claiming false affiliations, accessing the accounts of other users without

1.permission, or falsifying your identity or any information about you, including

age or date of birth; or

 

H. Sell or otherwise transfer the access granted herein.

2. Third Party Content. The Site may contain links to third party websites and

services, which are owned and operated by third parties that are not affiliated with AITP (the

“Third Party Sites”) and which are subject to their own terms and conditions of use and/or

privacy policies. AITP provides such links as a convenience, and does not control or endorse the

Third Party Sites. You acknowledge and agree that AITP has not reviewed the content,

advertising, products, services, or other materials that appear on such Third Party Sites, and is

not responsible for the legality, accuracy, or appropriateness of any such content, products or

services. AITP shall not be responsible or liable, directly or indirectly, for any damage or loss

caused or alleged to be caused by or in connection with the use of any such Third Party Sites.

AITP is under no obligation to maintain any third party link on this Site and may remove a link

at any time in its sole discretion for any reason whatsoever.

 

3. Intellectual Property. You acknowledge and agree that you relinquish all

ownership rights in any ideas, comments or suggestions that you submit to AITP through this

Site or while using the Services. This Site is protected by applicable copyright and other

intellectual property laws, and no materials from the Site may be copied, reproduced,

republished, uploaded, posted, transmitted, or distributed in any way without our express

permission. All trademarks and service marks on the Site belong to AITP, except third-party

trademarks or service marks, which are the property of their respective owners. Images, videos

and other content published on the Site are either the property of, or used with permission by,

AITP. The use of these images, videos or other content by you or anyone else authorized by you

for any purposes other than for personal use, is prohibited.

 

4. Payments and Payments Processing. The Site provides the ability for users to

make online donations, which is governed by AITP’s donation policy(ies) (if any) which may be

published on the Site. AITP uses third party payment services provider(s) to process all

donation/payment transactions, and such transactions may be carried out on websites or

applications managed and operated by the third party payment services provider(s), and

governed by terms and conditions and/or privacy policies that are separate and different from

these Terms. The third party payment service provider(s) may manage the routing of applicable

donor information through the credit card and electronic check processing networks, as

applicable. By making a donation through any such third party payment service provider(s), you

agree to be bound by the terms and conditions and privacy policies of such third party payment

service provider(s). AITP is not affiliated with these companies, and is not responsible in any

way for the actions or performance (or lack thereof) of any such third party payment service

provider(s). Accordingly, AITP and its officers, directors, employees, contractors, consultants,

affiliates, subsidiaries, and agents (collectively, the “AITP Parties”) expressly disclaim all

responsibility and liability for all services provided by such third parties payment service

provider(s), including those related to donation/payment transactions, and you hereby waive and

release AITP from any and all claims, losses, liabilities, damages, costs and expenses of any

sort that I may have or incur as a result of using any such services.

 

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5. Indemnification. You agree that you will be personally responsible for your use

of the Site and the Services, and you agree to defend, indemnify, and hold harmless the AITP

Parties from and against any and all claims, liabilities, damages, losses, and expenses (including

attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your

access to, use of, or alleged use of the Site or Services; (ii) your violation of these Terms or any

applicable law or regulation; (iii) your violation of any third party right, including without

limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or

(iv) any disputes or issues between you and any third party. AITP reserves the right, at our own

expense, to assume the exclusive defense and control of any matter otherwise subject to

indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

6. Termination. If you violate these Terms, your permission to use the Site and

Services will automatically terminate. In addition, AITP, in its sole discretion, may suspend or

terminate some or all of your access to the Services at any time, with or without notice to you.

 

7. Modification of the Terms. AITP reserves the right at any time to modify these

Terms and to impose new or additional terms or conditions on your use of the Site or the

Services. Such modifications and additional terms and conditions will be effective immediately

upon posting on the Site and incorporated into these Terms. Your continued use of the Site

following the publication of the modified Terms will be deemed acceptance of any modifications

to the Terms.

 

8. Disclaimers of Warranties. The Site and the Services (including all content,

resources, material and other information provided in connection therewith) are provided by

AITP on “as is” and on an “as available” basis, without warranty or condition of any kind, either

express or implied. Although AITP seeks to maintain safe, secure, accurate, and well-

functioning services, we cannot guarantee the continuous operation of or access to the Site or the

Services, and there may at times be inadvertent technical or factual errors or inaccuracies. AITP

specifically (but without limitation) disclaims (i) any implied warranties of merchantability,

fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties

arising out of course-of-dealing, usage, or trade. You assume all risk for any and all damages

that may result from your use of or access to the Site and/or the Services. AITP does not

guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the

information, content, recommendations, and materials made available through the Site.

 

9. Limitation of Liability. IN NO EVENT WILL ART IN THE PARK INC. OR

ANY OF THE AITP PARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL,

CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),

STATUTE, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT

LIMITATION, THE THIRD PARTY SITES AND SERVICES PROVIDED BY THIRD

PARTY PAYMENT SERVICE PROVIDERS (OR THE INABILITY TO USE THE SAME),

THE CONTENT CONTAINED ON THE SITE AND/OR SERVICES, OR ANY OTHER

MATERIALS, RESOURCES OR INFORMATION CONTAINED IN OR ACCESS

THROUGH THE SITE AND/OR SERVICES, WHETHER OR NOT AITP HAS BEEN

INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO

 

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NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN

CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS

MAY NOT APPLY TO YOU.

 

10. Privacy Policy. Our Privacy Policy , describes the details

of Art In The Park’s information practices and procedures for personal information we collect on

this Site.  We strongly urge you to read our Privacy Policy prior to providing us any personal

information

 

11. Governing Law. These Terms, and your access to and use of this Site and the

Services, are governed by the laws of the State of New York, without regard to conflict of law

principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and

AITP agree to submit to the exclusive jurisdiction of the state courts and federal courts located

within New York County in New York State, for the purpose of litigating all such disputes.

 

12. General.

A. Entire Agreement. These Terms (including any other terms or agreements

referenced herein), together with our Privacy Policy, constitute the entire and

exclusive understanding and agreement between you and AITP regarding your

use of and access to the Site and the Services.

B. No Waiver. The failure to require performance of any provision shall not affect

our right to require performance at any time thereafter, nor shall a waiver of any

breach or default of the Terms constitute a waiver of any subsequent breach or

default or a waiver of the provision itself.

C. Severability. In the event that any provision of these Terms is found to be invalid

or unenforceable, such provision shall be deemed to be severed from these Terms

and the remaining parts will remain in full force and effect.

 

13. Notice to California Residents Under California Civil Code Section 1789.3, you

may contact the Complaint Assistance Unit of the Division of Consumer Services of the

California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,

Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint

regarding the service or to receive further information regarding use of the service.

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