Terms of Use


TERMS OF USE (“Terms”)

Please read the following Terms carefully before using the Artist LINC Philadelphia Website, located at www.ArtistLINCPhiladelphia.org as well as any online features, services and/or programs offered by Artist LINC Philadelphia (collectively, the “Website”).  By accessing or using the Website, you agree to the following Terms.  You should review these Terms regularly as they may change at any time in the sole discretion of Artist LINC Philadelphia.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.  “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.

 

1.             Convenience and Information Only.  The Website is provided to you without charge as a convenience and for your information only.  By merely providing access to the Website, Artist LINC Philadelphia LLC (“Artist LINC Philadelphia”) does not warrant or represent that:  (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Artist LINC Philadelphia has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.

2.         Site Use and Content.  You may view, copy or print pages from the Website solely for personal, non-commercial purposes.  You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Artist LINC Philadelphia.  At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.  We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.

3.         User Account, Password and Security. 

(a)             User Account.  For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a userID and password after setting up a user account.  We use reasonable precautions to protect the privacy of your userID, password and user account information.  You, however, are ultimately responsible for protecting your userID, password, user account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of any encryption technologies that we may use.  You agree to (i) immediately notify Artist LINC Philadelphia of any unauthorized use of your userID, password or user account, or any other breach of security, and (ii) ensure that you exit from your user account at the end of each session.  While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.

(b)            Accurate Information.  In creating and using your user account on the Website, you agree to:  (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if Artist LINC Philadelphia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Artist LINC Philadelphia has the right to suspend or terminate your user account and refuse any and all current or future use of your user account. 

 

4.            DISCLAIMERS; NO WARRANTIES.  You expressly agree that your use of the website is at your sole risk.  The website and the content is provided “as is” and “as available” for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable or exclusion.  If you purchase any products from Artist LINC Philadelphia, the warranty applicable to that product (if any) will be set forth in the license agreement entered into at the time of payment. Artist LINC Philadelphia provides the website on a commercially reasonable basis and makes no representations or warranties that the website, the content or any services offered in connection with the website are or will remain uninterrupted or error-free, that defects will be corrected or that the web pages on the website or the servers used in connection with the website are or will remain free form any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components.  Artist LINC Philadelphia does not guarantee that you will be able to access or use the website at times or locations of your choosing, or that Artist LINC Philadelphia will have adequate capacity for the website as a whole or in any specific geographic area.  Unless Artist LINC Philadelphia otherwise agrees in a writing signed by an authorized representative of Artist LINC Philadelphia, Artist LINC Philadelphia’s entire liability and your exclusive remedy with respect to the use of any service or product provided by Artist LINC Philadelphia will be the refund of the purchase price for any products or services found to be inadequate.

 

5.            LIMITATION OF LIABILITY.  Artist LINC Philadelphia’s entire liability and your exclusive remedy with respect to the use of the website and/or any products or services provided in connection with the website will be the cancellation of your user account with Artist LINC Philadelphia.  In no event will Artist LINC Philadelphia be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the website and/or any products or services provided in connection with the website or for any other claim related in any way to your use of the website.  Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions Artist LINC Philadelphia’s liability will be limited to the greatest extent permitted by applicable law.

 

6.             Privacy.  Personal data that you provide regarding yourself will be handled in accordance with Artist LINC Philadelphia’s Privacy Policy [www.ArtistLINCPhiladelphia.com/privacy].  Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. 

 

7.         Third Party Content. 

 (a)            Artist LINC Philadelphia may provide hyperlinks to other Websites maintained by third parties, or Artist LINC Philadelphia may provide third party content on the Website by framing or other methods.  The links to third party websites are provided for your convenience and information only.  The content on nay linked website is not under Artist LINC Philadelphia’s control and Artist LINC Philadelphia is not responsible for the content of linked websites, including any further links contained in a third party website.  If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk. 

(b)            If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Artist LINC Philadelphia.  In most cases, Artist LINC Philadelphia is not even aware that a third party has linked to the Website.  A third party website that links to the Website:  (i) may link to, but not replicate, Artist LINC Philadelphia’s Content; (ii) may not create a browser, border environment or frame Artist LINC Philadelphia’s Content; (iii) may not imply that Artist LINC Philadelphia is endorsing it or its products or services; (iv) may not misrepresent its relationship with Artist LINC Philadelphia; (v) may not present false or misleading information about Artist LINC Philadelphia’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.

 

8.             Copyright and Trademarks.  Artist LINC Philadelphia is the copyright owner or authorized licensee of all text and all graphics contained on the Website.  The trademarks, service marks and logos used and displayed on the Website are Artist LINC Philadelphia’s registered and unregistered trademarks.  Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners.  Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Artist LINC Philadelphia’s trademarks, service marks or copyrights without Artist LINC Philadelphia’s prior written permission.  Artist LINC Philadelphia enforces its intellectual property rights.  Neither the name of Artist LINC Philadelphia nor any of Artist LINC Philadelphia other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Artist LINC Philadelphia’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name “Artist LINC Philadelphia” in or as part of that link.

 

9.         Local Laws.  Artist LINC Philadelphia makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States.  Access to the Website from jurisdictions where such access is illegal is prohibited.  If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws.  Artist LINC Philadelphia is not responsible for any violation of law.  You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations.  These Terms will be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

10.       Non-Transferability of User Account.  User accounts and userIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her userID and password.

 

11.            Termination of Service.  We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Artist LINC Philadelphia, to the Website’s internet service provider, or to other information providers.

 

12.            Customer Comments.  We welcome the submission of comments, information or feedback through the Website.  By submitting information through the Website, you agree that the information submitted will be subject to the Artist LINC Philadelphia Website Privacy Policy [www.ArtistLINCPhiladelphia.org/privacy].

 

Your Consent To This Agreement

 

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms.  If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.

 

            If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by e-mail info@ArtistLINCPhiladelphia.org  or by calling with your comments to:

 

Artist LINC Philadelphia

(215) 545-4037

info@ArtistLINCPhiladelphia.org  

 

Copyright © 2007 Artist LINC Philadelphia.  All Rights Reserved.

 

 

EFFECTIVE AS OF:  May 21, 2007

LAST UPDATED:  May 21, 2007

 

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