Art Foundation of Desert Hot Springs

UNITING OUR CREATIVE COMMUNITY, IGNITING OUR CREATIVE ECONOMY

Terms & Conditions


TERMS AND CONDITIONS

of the Art Foundation of Desert Hot Springs web sites

General

Art Foundation of Desert Hot Springs (“AFDHS”) has created and maintains the
http://www.artfoundationdhs.org, http://www.afdhs.wordpress.com or other AFDHS web sites
(collectively, the “AFDHS Sites”) in support of its mission to promote and
foster the arts. Access to, and use of, the AFDHS Sites is subject to the
following terms and conditions (collectively, the “Terms and Conditions”)
and all applicable laws.

By accessing and browsing the AFDHS Sites, you:

(a) accept, without limitation or qualification, the Terms and Conditions;
(b) agreed to be bound by the same.

AFDHS Sites Are Proprietary to AFDHS

All of the text, images, marks, logomarks, and other content of the AFDHS
Sites (collectively, the “Site Content”) are proprietary to AFDHS or used
consistent with the owner’s permission or applicable law or regulation.

AFDHS authorizes you to view, download, and print the Site Content subject
to the following conditions:
(1) You must adhere to any and all additional terms or restrictions
provided within individual sections of the AFDHS Sites relating to
particular Site Content;
(2) The AFDHS Sites have sharing features that allow you to republish
(“reblog”) our content on any WordPress site you control or share the
content on a number of social media networks as well as via email. You are
permitted use these sharing features only as they were intended and only for
noncommercial use, or for fair use as defined in the United States copyright
laws;
(3) Downloading or any use of Site Content for commercial purposes is
prohibited unless you have sponsorship or partnership aggreement with AFDHS;
(4) You may not remove any copyright, trademark, or other proprietary
notices, including, without limitation attribution information, credits, and
copyright notices, that have been placed in or near the Site Content by
AFDHS;
(5) You must keep any personal or editorial commentary seperate from
the shared content using the widely conventions provided by the Associated
Press (AP) Stylebook or the “<blockquote>” HTML tag with proper attribution
following the quoted content, or using a AP Stylebook compliant caption for
images.
All parties downloading, printing, or otherwise using the Site Content in
any manner, represent and warrant that their use will be consistent with
this license and that they will not infringe or violate the rights of any
other party or breach any contract with or legal duty to any other parties.

Contributed Content

The opinions expressed in content published on the AFDHS Sites by Guest
Contributors, Bloggers, or other WordPress users, and comments made by the
general public do not reflect the opinions of the Art Foundation of Desert
Hot Springs or any employee or board member thereof. The Art Foundation of
Desert Hot Springs is not responsible for the accuracy of any information
supplied by user contributed content.

Trademarks

The trademarks, online logomarks, and service marks (collectively, “the
Trademarks”) displayed on the AFDHS Sites are registered and/or unregistered
trademarks of AFDHS. Trademarks of third parties may also be displayed on
AFDHS Sites (collectively, the “Third Party Trademarks”).
Nothing contained on the AFDHS Sites should be construed as granting, by
implication or otherwise, any right or license to use any Trademark or Third
Party Trademark displayed on the AFDHS Sites for any purpose other than
attribution to the content to which it was originally attached. Your misuse
of the Trademarks or any TP Trademark displayed on the AFDHS Sites,
including alteration or use out of context, is strictly prohibited.

Links to Third Party Web Sites

The AFDHS Sites may contain links to third party web sites (collectively,
the “Linked Sites”), and other web sites may provide links to the AFDHS
Sites. When you link to a Linked Site, you leave the AFDHS Sites and are no
longer subject to AFDHS’s privacy policy.
Linked Sites:

(a) operate according to their own terms of use and privacy policies; and

(b) may contain a virus or other defect that might affect your computer
system. Your linking to Linked Sites is at your own risk.

AFDHS has no control over Linked Sites and, therefore, you acknowledge and
agree that AFDHS is not responsible for the availability of Linked Sites or
viruses or other defects contained on such Linked Sites that might affect
your computer system, and is not responsible or liable for any privacy
practices, content, advertising, products or other materials on, or
available from, such Linked Sites.

You further acknowledge and agree that AFDHS will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by, or in connection with, use of or reliance on any such privacy
practices, content, advertising, products, or other materials available from
such Linked Sites.

Privacy

Your privacy is important to AFDHS. All information gathered from you in
connection with your use of the AFDHS Sites will be governed by the
provisions of the AFDHS Privacy Policy.

General Disclaimer

AFDHS is under no obligation to monitor the AFDHS Sites and assumes no
responsibility or liability arising from the content nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information within the
AFDHS Sites. Users are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. AFDHS will
fully cooperate with any law enforcement authorities or court order
requesting or directing AFDHS to disclose the identity of anyone posting any
such information or materials.

Disclaimer of Warranties

The AFDHS Sites are provided to you “as is” and “as available” with no
warranty. To the maximum extent permitted by law, AFDHS disclaims all
warranties or conditions of any kind, whether express or implied, including,
but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement, the implied condition of satisfactory
quality and implied warranties arising from course of dealing or course of
performance.
Except as expressly provided therein, AFDHS does not warrant, or make any
representations that:
(a) the AFDHS Sites will meet your requirements;
(b) the AFDHS Sites will be uninterrupted, timely, secure, or error free;
(c) the results or information that may be obtained from use of the AFDHS
Sites will be accurate or reliable;
(d) the quality of any products, services, information, other material
purchased or obtained by you through the AFDHS Sites will meet your
expectations; or
(e) the AFDHS Sites or material accessible through the AFDHS Sites are free
of viruses or other harmful components. You acknowledge that, if you rely on
any information or content on one of the AFDHS Sites, you do so solely at
your own risk. Some jurisdictions do not allow the exclusion of certain
warranties, so the above exclusions may not apply to you.

Limitation of Liability

You expressly understand that, in no event will AFDHS or its officers,
directors, parents, subsidiaries, affiliates, agents, attorneys, licensors,
or suppliers be liable for any direct, indirect, consequential, incidental,
special, exemplary, or punitive damages, including, but not limited to,
damages for loss of profits, goodwill, use, data, or other intangible loss,
whether in an action under contract, tort (including negligence) or
otherwise, arising out of or relating to:
(a) your use or inability to use the AFDHS Sites;
(b) your reliance on any content on the AFDHS Sites;
(c) any goods or services purchased through use of the AFDHS Sites; or
(d) any goods or services advertised on the AFDHS Sites, even if AFDHS or
any related party has been advised of the possibility of such damages. Some
jurisdictions do not allow the exclusion or limitation of liability for
incidental or consequential damages, so some of the above limitations may
not apply to you.

Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.
Sec. 512(c)(2), AFDHS has designated an agent for notification of claimed
infringement as follows: Janice Gough, President & Chairperson, Art
Foundation of Desert Hot Springs, 13569 Overlook, Desert Hot Springs,
California, 92240. AFDHS provides this contact information for purposes of
the DMCA only and reserves the right to respond only to correspondence that
is relevant to the purposes of DMCA compliance.

Applicable Law and Jurisdiction

The AFDHS Sites (excluding links to Linked Sites) are controlled and
operated by AFDHS from its offices in Desert Hot Springs, California.
Although AFDHS has made no effort to publish the AFDHS Sites elsewhere, they
are accessible in all fifty U.S. states and in other countries due to their
presence on the World Wide Web. As each of these states and countries have
laws which may differ from those of California and from each other, and as
you and AFDHS both benefit from establishing a predictable legal environment
in which to publish, access and use the AFDHS Sites, by publishing,
accessing, and/or using the AFDHS Sites you agree that all matters arising
from or relating to the use and operation of the AFDHS Sites will be
governed by the laws of the State of California without regard to its
conflict of laws principles. You agree that all claims you may have arising
from or relating to the operation or use of the AFDHS Sites will be heard
and resolved in courts located in the County of Riverside, State of
California. You consent to personal jurisdiction of such courts over you,
stipulate to the fairness and convenience of proceeding in such courts, and
covenant not to assert any objection to proceeding in such courts. If you
choose to access the AFDHS Sites from locations other than Desert Hot
Springs, California, you will be responsible for compliance with all local
laws of such other locations.

Indemnity

You agree to indemnify, defend, and hold AFDHS, its board of directors,
officers, employees, volunteers, agents, attorneys, and their respective
assigns harmless from all claims, causes of action, allegations, costs,
expenses, fees (including reasonable attorneys’ fees), judgments,
liabilities, losses and damages arising from or relating to your use of, or
operation of, the AFDHS Sites.

Link to Us

We thank you for your interest in linking to the AFDHS Sites. AFDHS’s
online logomark may be copied and displayed for the sole purpose of linking
to the AFDHS Sites. Please do not alter or modify the logomark in any way
and allow at least 20 pixels or 1/16 of an inch whitespace around the logo
wherever it is placed within your content.

Amendment of Terms

AFDHS may, at its discretion, amend these Terms and Conditions, at any time,
by posting the amended terms of use on the AFDHS Sites. You may always
review the most updated version of the Terms and Conditions by checking this
page. By continued use, you agree to be bound by and to abide by such
amended Terms and Conditions. These Terms and Conditions may not be amended
or modified otherwise by you, except in writing signed by both parties.

Miscellaneous

These Terms and Conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous communications and agreements, written or oral, regarding the AFDHS Sites. If any provision of this Site’s Terms and Conditions Agreement (“Agreement”), or any portion thereof, is held invalid or  unenforceable, such provision, or portion thereof, shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect.
The failure by AFDHS to insist upon or enforce strict performance of any provision of this Agreement by you or others will not be construed as a waiver of any provision or right of AFDHS. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement will inure to the benefit of AFDHS and its successors and assigns. Section headings used in this Agreement are for convenience only and do not have any legal effect.

Contact

For questions, inquiries, or correspondence, please contact:
Janice Gough
President & Chairperson
Art Foundation of Desert Hot Springs
13569 Overlook
Desert Hot Springs, CA 92240

Copyright © 2015 Art Foundation of Desert Hot Springs. All rights reserved.