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These Terms and Conditions of Use (“Terms and Conditions”) govern your use of this website located at www.communityartsed.org (the “Site”). By using the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, you have agreed to each and all of the Terms and Conditions set forth herein, and waive any right to claim ambiguity or error in these Terms and Conditions. If you do not agree to each and all of these Terms and Conditions please do not use the Site and leave the Site immediately. If you are dissatisfied with the Site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. We reserve the right, at our discretion, to change, modify, add or delete portions of these Terms and Conditions at any time by posting updated Terms and Conditions. Please check these terms frequently for updates. Any changes, modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms and Conditions. Your continued use of the Site following the posting of updated Terms and Conditions will mean that you accept those changes.
1. INTELLECTUAL PROPERTY RIGHTS
All materials contained in the Site are the copyrighted property of The Guild, or its subsidiaries or affiliated companies and/or third party licensors. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these Terms and Conditions, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to the National Guild for Community Arts Education (“The Guild”) in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent, except (i) you may print or download extracts for your personal, noncommercial use only, (ii) you may provide copies to individual third parties for their personal use, but only if you acknowledge The Guild as the source of the material, and (iii) you may download, print, and adapt for personal, internal use the templates and sample documents provided by Guild member organizations. Use of these sample documents for commercial purposes is prohibited.
Some materials on this website may contain related proprietary notices and copyright information. Reproduction is prohibited other than in accordance with the copyright notice.
2. CONTENT LINKED TO THE SITE
The Guild provides links to Internet sites maintained by third parties, over which The Guild has no control. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. We make no representations concerning the content of sites listed in any of the Site's directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to a Site.
We reserve the right to disable links from any third party sites to the Site.
In addition, links have been provided to Guild resources hosted on separate web servers. Each of these sites, including the Community Arts Education Resource Center, the Members Forum, and the Community Arts Education Conference site, have a unique set of privacy policies that complement the unique uses of each site. Please take the time to review these policies.
3. YOUR SUGGESTIONS
The Guild appreciates your feedback or other suggestions about the Site, but you understand that The Guild may use your feedback or other suggestions without any obligation to compensate you for them.
4. POLICY CONCERNING CHILDREN
If you are under age 13, you are not authorized to post any personal information about yourself to the Site or provide any personal information about yourself to The Guild. If The Guild learns that it has collected personal information from a child under age 13, The Guild shall delete that information as quickly as possible. If you believe that The Guild might have any information from a child under age 13, please contact The Guild at the address set forth in above in the “Copyright Agent” section.
5. USE OF THE SITE
If you use the Site, including by participation in any chat area, message board, or e-mail function offered as part of the Site (each a “Forum”), you must follow a few simple rules:
By using the Site, you agree to abide by these rules. You acknowledge that The Guild has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of these Terms and Conditions, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that The Guild has the right to limit or terminate access to Forums for any reason, including violation of these Terms and Conditions.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE GUILD’S DISCLAIMERS SHALL BE EFFECTIVE, AND ITS LIABILITY SHALL BE LIMITED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
The Site may contain technical inaccuracies or typographical errors or omissions. The Guild is not responsible for any typographical, photographic, technical or pricing errors listed on our Site. The Guild reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and each of our owners, partners, subsidiaries, affiliates, franchisees and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with these Terms and Conditions, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of The Guild or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms and Conditions, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THESE TERMS AND CONDITIONS IN ACCORDANCE WITH THE TERMS HEREOF.
9. NO AGENCY
You and The Guild are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms and Conditions or otherwise.
11. SURVIVAL OF CERTAIN PROVISIONS FOLLOWING TERMINATION
Notwithstanding the termination of these Terms and Conditions, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of these Terms and Conditions in order to be fully operative, shall survive the termination of these Terms and Conditions including, without limitation, the following provisions hereof: Section 1, 3, 6, 7, 8, 12 and 13.
12. GENERAL PROVISIONS
13. COPYRIGHT AGENT
Pursuant to the Digital Millennium Copyright Act (“DCMA”), Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:
Heather Ikemire, Director of Marketing and Communications
(212) 268-3337 x10
To be effective, under the DCMA, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Upon The Guild’s receipt of a proper notice of claimed infringement under the DCMA, The Guild shall respond promptly to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to content claimed to be infringing or by removing or disabling access to links to such content.
13. International Users
The Site is controlled and operated within the United States. If you are a user of the Site outside the United States, you consent to having your personal data transferred to and processed in the United States. The Guild makes no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
14. CAN-SPAM ACT COMPLIANCE
Information obtained from the Site is entrusted to The Guild members for their personal use only and use of this information for any other purpose is expressly prohibited. Information obtained from the Site may not be used to provide addresses for mailings by non-member groups. Any solicitation of business or contributions from individuals listed in The Guild’s member directory by mail, telephone, email or other means is prohibited. All communications must be in accordance with the CAN-SPAM Act (<http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm> ).
The members-only search function is provided for the purpose of information sharing within the field of community arts education. By accessing the members-only search function you agree that you will not use The Guild’s member director for purposes other than approved use and you will discontinue any use of such directory that The Guild, in its sole discretion, deems objectionable. Violation of this policy may subject the member to sanctions up to and including revocation of The Guild membership.
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©2011 National Guild for Community Arts Education