TERMS AND CONDITIONS OF USE
THIS SITE AND RELATED PROGRAMS ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW AND THE PRIVACY AND SECURITY POLICY, WHICH IS AVAILABLE FOR REVIEW ON THIS SITE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN AS WELL AS THE PRIVACY AND SECURITY POLICY AND ANY OTHER POSTED RULES OR GUIDELINES CONTAINED ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND PRIVACY AND SECURITY POLICY, PLEASE PROMPTLY EXIT THIS SITE.
I. RESTRICTIONS ON USE
All pages within this website (www.LAArtsOnline) and any material made available for download therefrom (collectively the “Site”) are the sole property of LA Arts Online (“LA Arts Online”) and/or its affiliates. The Site is protected by federal and international laws governing copyrights, trademarks, service marks, patents and/or other proprietary rights, and nothing contained herein shall be construed as granting any ownership rights whatsoever in the Site to any user hereof. No portion of the materials on any pages of the Site may be reprinted, republished, modified, or distributed in any form without the express written permission of LA Arts Online This Site is for your own personal use. You shall keep intact any and all proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. For the purposes of these terms and conditions (“Terms and Conditions”), “content” shall mean any information, communications, photos, videos, graphics, music, sounds, text, logos, images, button icons, and any and all other material that can be viewed by users of the Site. By visiting this Site, and thereby accepting the Terms and Conditions hereof, all users agree that all content presented to users of the Site is the property of LA Arts Online and its content suppliers.
Any rights not expressly granted by these Terms and Conditions and the Privacy and Security Policy (collectively the “Terms and Conditions”) are expressly reserved by LA Arts Online. These Terms and Conditions govern your access to and use of this Site and various online tools and services that LA Arts Online makes available to donors, volunteers, sponsors and all others users of LA Arts Online’s programs and activities, collectively called “Users” of the LA Arts Online Site.
From time to time we may revise or modify these Terms and Conditions by posting revisions through a link on our Site. Whether or not we provide notice to you of such revisions or modifications, you will be bound by the revised or modified Terms and Conditions for all subsequent uses of this Site after such modifications have been made. If you do not agree to any of the Terms and Conditions set forth herein, you may not use this Site.
II. TRADEMARK NOTICE
LA Arts Online and all related marks are logos, trademarks, and service marks owned, controlled by or licensed to LA Arts Online. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.
III. DISCLAIMERS
A. Warranty Disclaimer
THIS SITE, INCLUDING ANY AND ALL PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND HYPERLINKED WEBSITES. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS AND THE USE OF THE SITE IS AT YOUR OWN RISK. YOU FURTHER AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LA ARTS ONLINE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED.
LA ARTS ONLINE, ITS AFFILIATES AND ITS SPONSORS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. This Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, please do not use this Site. You agree to be solely responsible for your actions and the contents of your transmissions through the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
B. Disclaimer of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that LA Arts Online is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and LA Arts Online reserves the right to remove such materials from the LA Arts Online Site without liability. Further, this disclaimer of liability applies to all products sold through the Site or through any third party affiliate or advertiser, and any and all claims relating to those products as well as the price, payment, shipment, loss, damage, or delay related thereto.
C. Disclaimer – Currentness of Information
Although LA Arts Online attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform LA Arts Online at info@LAArtsOnline.com so that it can be corrected. Information contained on the Site may be changed or updated without notice.
LA Arts Online reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.
D. Disclaimer – Site content copyrighted
The content of the LA Arts Online Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned, controlled by or licensed to LA Arts Online and contain LA Arts Online’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, or evaluating, LA Arts Online programs and activities. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use LA Arts Online icons, Site address, or other means to hyperlink other Internet sites with any page in the LA Arts Online Site, and LA Arts Online assumes no responsibility for any other party’s site hyperlinked to the LA Arts Online Site or in which any part of the LA Arts Online Site has been hyperlinked.
LA Arts Online grants you a limited license for the Site for your personal and noncommercial use in connection with your visit. Your use of this Site is subject to all applicable laws and regulations. You are not permitted to modify or download any portion of the Sites without the express, written consent of LA Arts Online Except as expressly provided for in these Terms and Conditions, none of the content of the Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed for any purpose without the express, written consent of LA Arts Online
E. Disclaimer—No responsibility for links
The LA Arts Online Site contains links to and frames of sites which are not maintained by LA Arts Online. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the LA Arts Online Site does not imply LA Arts Online’s endorsement of the linked or framed sites or their content.
LA Arts Online is under no obligation to investigate or examine such third party or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through the Sites. Any and all external websites are owned and operated by independent third-parties and are not under the control of LA Arts Online. We encourage users to be cautious when leaving the Sites and to read the privacy statements of each and every external website that collects personally identifiable information. Your visit to any such site(s) is at your own risk and at your sole discretion.
F. Disclaimer—Use of email
By sending LA Arts Online a message in the contact area, you agree to have it, along with your name, posted for public viewing both here and in other LA Arts Online promotional and advertising materials without compensation. We may occasionally post messages received from users, but nothing provided for herein shall require us to do so. All messages that are posted on the Sites represent the opinions of other Site Users and do not necessarily represent the ideas or opinions of LA Arts Online. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of LA Arts Online. In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Site.
G. Disclaimer—Nonendorsement
Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by LA Arts Online. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to documents available from this server, neither LA Arts Online nor any of its employees, officers, directors, etc., make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither LA Arts Online nor any of its employees, officers, directors, etc., assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
In the event that you violate those restrictions and Terms and Conditions provided for herein, including but not limited to your failure to comply with the above restrictions on information, materials or content, posted to the Site, LA Arts Online hereby expressly reserves the right to limit or otherwise wholly restrict your use of the Site in its sole and unfettered discretion. Further, LA Arts Online hereby expressly reserves any and all rights and remedies that may be available to it pursuant to applicable law.
IV. CONFIDENTIAL AND PROPRIETARY INFORMATION
LA Arts Online does not want to receive confidential or proprietary information from you through the Site (except when specifically requested by LA Arts Online in relation to your donation or purchase through the Site, which will be subject to LA Arts Online’s Privacy and Security Policy). Please note that any information or material sent to LA Arts Online through the Site will be deemed NOT to be confidential. By sending LA Arts Online any information or material, you grant LA Arts Online an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that LA Arts Online is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Please review our Privacy and Security Policy, which is incorporated herein by this reference, for more information regarding the terms governing your visit to the Site.
V. LINKS TO OUR SITE
If you desire to provide a hyperlink from your website to the Site, you hereby expressly agree to these herein-contained Terms and Conditions. Notwithstanding the posting of a link to the Site on any third party website, LA Arts Online retains all rights in the Site, including, but not limited to its intellectual property rights, which shall include but not be limited to any and all current and future worldwide trademark, patents and patent rights, utility models, copyrights, mask work rights, trade secrets, and all other intellectual property rights and the related documentation or other tangible expression thereof.
VI. LINKS OR POINTERS TO OTHER SITES
LA Arts Online makes no representations whatsoever about any other website that you may access through this Site. When you access a non-LA Arts Online website through the Site, please understand that it is independent from LA Arts Online, and that LA Arts Online has no control over the content on that website. In addition, a hyperlink to a non-LA Arts Online website does not necessarily mean that LA Arts Online endorses or accepts any responsibility for the content, or the use of, the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. LA Arts Online is under no obligation to investigate or examine such third party or external websites and hereby makes no warranties and/or representations whatsoever about any of such unrelated third party entities or persons, or the external websites that you may access through the Site. Any and all external websites are owned and operated by independent third parties and are not under the control of LA Arts Online. We encourage users to be cautious when leaving the Site and to read the privacy statements of each and every external website that collects personally identifiable information.
VII. VOLUNTEER REGISTRATION
If you desire to register to be a volunteer for LA Arts Online’s programs or activities, it is possible that such registration may be done on the Site. By using our online volunteer registration, if any, you are expressly agreeing to execute LA Arts Online’s volunteer agreement. Such agreement will be available on the Site, on a form similar to or the same as that available on the date of registration or from time to time amended, which is incorporated herein by this reference.
VIII. COPYRIGHTED MATERIALS
A. Introduction
LA Arts Online continually invests significant resources to create text, images and other materials on the Site. These materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, LA Arts Online diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates LA Arts Online’s copyrights.
B. Copyright
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of LA Arts Online’s copyrighted materials without explicit permission for commercial use constitutes infringement. Without written permission from LA Arts Online, you may not make any unauthorized reproduction or engage in distribution of LA Arts Online’s copyrighted materials, which include, but are not limited to, materials such as publications, Site content, diagrams, photos, videos, images, and graphics published by LA Arts Online in any format. It is LA Arts Online policy to enforce its copyrights against any third party who infringes on its copyrights. To ensure that you do not infringe on any of LA Arts Online’s copyrighted materials, do not engage in any of the following without prior express written consent from LA Arts Online:
a) Do not directly or indirectly copy, reproduce, or distribute any of LA Arts Online’s materials (including web pages) or any part of the text or graphics from those materials.
b) Do not directly or indirectly modify or create derivative works of any of LA Arts Online’s materials.
c) Do not create materials that look as though they originated from or are endorsed by LA Arts Online
d) Do not imitate the color or visual appearance of LA Arts Online’s materials and/or products.
e) Do not use LA Arts Online’s icons as graphical design elements in your materials.
f) Do not distribute LA Arts Online’s work by sale, rental, or other disposition.
C. Copyright Permission Requests
To request permission to use LA Arts Online’s copyrighted material, please email us at info@LAArtsOnline.com.
D. Disclaimer
This policy document is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding LA Arts Online’s policy for its copyrighted materials, please contact LA Arts Online at info@LAArtsOnline.com.
IX. CHOICE OF LAW AND VENUE
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
X. ARBITRATION
In any dispute arising out of the use of this Site, if the parties cannot resolve the same, such dispute shall be submitted by either party to arbitration in accordance with the rules and procedures of JAMS. All parties shall initially share the cost of arbitration, but the prevailing party may be awarded attorney fees, costs, and other expenses of arbitration. All arbitration decisions shall be final, binding and conclusive on the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court having jurisdiction to do so. Notwithstanding the above, neither party shall be prevented from obtaining injunctive or other equitable relief from a court of competent jurisdiction pending the resolution of a dispute through mediation or arbitration.
XI. TERMINATION OF USE
You hereby agree and acknowledge that LA Arts Online may, in its sole discretion, terminate or suspend your access to all or part of this Site, with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
XII. AMENDMENTS
LA Arts Online reserves the right, in its sole and unfettered discretion, to revise these Terms and Conditions at any time and to correct any errors or omissions to any portion of this Site. The content and/or materials on the Site may also be changed, modified, added, removed or updated at any time and without notice. Notwithstanding the foregoing, LA Arts Online is under no obligation to update or otherwise change the content and/or materials of the Site. LA Arts Online reserves the right to make changes in the programs described on the Site, if any, at any time and without notice. Your continued use of the Site after any changes made by LA Arts Online will be considered an acceptance of those changes.
XIII. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between LA Arts Online and you pertaining to the subject matter of this Agreement. In its sole discretion, LA Arts Online may modify these Terms and Conditions by posting the revised version on this Site.
XIV. INDEMNIFICATION
By using this Site and agreeing to these Terms and Conditions, you hereby agree that you will defend, indemnify and hold LA Arts Online harmless from any and all damages, liabilities, costs and expenses (including, but not limited to reasonable attorneys’ fees) incurred by LA Arts Online as a result of any breach of your agreements, representations and/or warranties or any other part of these Terms and Conditions. LA Arts Online shall be entitled to its choice of counsel to represent it with respect to any such damages, liabilities, costs and expenses.
XV. NO UNLAWFUL OR PROHIBITED PURPOSE
As a condition of your use of this Site, you warrant to LA Arts Online that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
XVI. WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
