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Terms and Conditions

4A American Alliance of Artists and Audiences, Inc.

Last Updated and Effective as of: June 26, 2020

Welcome to the 4A Arts website located at www.4aarts.org (the “Website”).  This Website is maintained and operated by 4A American Alliance of Artists and Audiences, Inc. (“4A Arts”, “we”, “our” or “us”), a 501(c)3 non-profit organization.

YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS.  BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

Use of Website:  This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires our prior written consent. By accessing or using the Website, you represent and warrant that: (i) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater); (ii) your use of the Website is lawful where you use the Website and will not violate any applicable law, rule, or regulation, and you will only use the Website in a lawful manner; (iii) you have the right to use any payment method that you use on the Website.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Proprietary Rights: 4A Arts is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized 4A Arts to display the materials, such as certain third party licensors.  By using the Service, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you, and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms and Conditions are reserved by 4A Arts.

No Ideas Accepted: We do not accept any unsolicited ideas to this Website including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of operating our organization.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for 4A Arts to utilize your submission, you hereby grant 4A Arts an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Accounts: If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Membership and Cancellations. If you purchase a membership to the 4A Arts, you agree to these Terms and Conditions and any applicable membership terms provided to you at the time you become a member. Please see more information about our memberships at www.4AArts.org/membership. We may change the price for the membership from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. You have the right to terminate your membership in accordance with the “Term and Termination” section below. The termination will take effect the day after the last day of the current membership period. We do not provide refunds or credits of any membership fees.

Content Posted by You. Certain pages on the Website may allow you (and other third parties) to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (“Content”). You may only post Content that you created or which the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to 4A Arts.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions.  By posting or distributing Content to the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Website (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation and (c) all of your Content does and will comply with these Terms and Conditions and the Content Standards.

Any Content you post to the site will be considered non-confidential and non-proprietary. By providing any Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose, including to display such content on the Website. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not 4A Arts, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Under no circumstances will 4A Arts be liable in any way for any Content posted by you or by any third parties, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that 4A Arts does not pre-screen Content, but that 4A Arts and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website. Without limiting the foregoing, 4A Arts and its designees will have the right to remove any Content that violates these Terms and Conditions or is deemed by 4A Arts, in its sole discretion, to be otherwise objectionable.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Website or endorse any opinions expressed therein. You understand that by using the Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise in appropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Content Standards: These content standards apply to any and all Content and use of the Website. All Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Content must not:

(i) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
(ii) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(iii) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(iv) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
(v) Be likely to deceive any person.
(vi) Promote any illegal activity, or advocate, promote or assist any unlawful act.
(vii) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(viii) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(ix) Involve promotional activities such as contests, sweepstakes, and other sales promotions, barter or advertising.
(x) Give the impression that they emanate from or are endorsed by 4A Arts or any other person or entity, if this is not the case.

Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Website by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Copyright Manager
4A American Alliance of Artists and Audiences, Inc. (4A Arts, 4AArts.org)
99 Wall Street, Suite 1058
New York, NY 10005
(646) 844-0271
copyright@4aarts.org

Term and Termination: The term of these Terms and Conditions commences when you begin using the Website and will continue in effect until terminated by you or 4A Arts as set forth herein. If you have purchased a membership, you may terminate your membership by logging in and deleting your account under settings. If you do not renew your membership, it will automatically terminate. Please note that we do not provide refunds or credits of any membership fees.

4A Arts may terminate these Terms and Conditions at any time without notice. In addition, these Terms and Conditions will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms and Conditions. Upon termination, all rights granted to you under these Terms and Conditions will also terminate. Termination will not limit any of 4A Arts’ rights or remedies at law or in equity.

Changes:  All information posted on the Website is subject to change at any time.  In addition, these Terms and Conditions may be changed at any time; provided, any material modifications will only be applied prospectively. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes demonstrates your acceptance of those changes.

Third Party Links: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit.  We are not responsible for the practices or the content of such other Websites.

No Warranties:  WHILE 4A ARTS USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, 4A ARTS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND 4A ARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 4A ARTS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4A ARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, 4A ARTS SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

Indemnification:  You agree to indemnify, defend and hold harmless 4A Arts, its employees, directors, officers, agents, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law, and (iv) any Content you submit or make available to us or through the Website. 

Limitation of Liability: IN NO EVENT WILL 4A ARTS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 4A ARTS BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE FEES YOU PAID TO 4A ARTS ON THE WEBSITE IN THE TWELVE MONTHS PRECEEDING THE CLAIM.

Governing Law: These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  The failure of 4A Arts to partially or fully exercise any rights or the waiver of 4A Arts of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by 4A Arts or be deemed a waiver by 4A Arts of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of 4A Arts under these Terms and Conditions and any other applicable agreement between you and 4A Arts shall be cumulative, and the exercise of any such right or remedy shall not limit 4A Arts' right to exercise any other right or remedy.

Collection and Use of Your Information: You acknowledge that when you use the Website, 4A Arts may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Website. You also may be required to provide certain information about yourself as a condition to uploading Content, or using the Website or certain of its features or functionality, and the Website may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Website is subject to our Privacy Policy (www.4AArts.org/basic-page/privacy-policy). By using and providing information to or through the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Contact Us / Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at info@4aarts.org. 4A American Alliance of Artists and Audiences, Inc. is a public charity recognized as tax-exempt by the IRS under Section 501(c)(3). Contributions are tax-deductible to the fullest extent allowed by law. The latest annual financial report of 4A American Alliance of Artists and Audiences, Inc. may be obtained from the New York Attorney General’s Charities Bureau's Website (charitiesnys.com) or from 4A Arts by sending a request to donations@4aarts.org. More information about charities is available through the New York Attorney General by calling (212) 416-8686.