Terms & Conditions

 

1. General.

United States Artists and its affiliate USA Fellows (collectively, “USA”,  “we”, or “us”) has created and maintains this website for the purpose of showcasing artists and art. By accessing and/or using this website, you accept, without limitation or qualification, these Terms of Use. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice to you.

 

2. Use of Website.

You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of USA to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of USA, any other users or any third party, or (g) to engage in any conduct that could expose USA to civil or criminal liability (collectively, the “Prohibited Conduct”).  By submitting communications or content to any part of this website, you agree that such submission is non-confidential for all purposes.

 

 3. Donors.

In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to USA will be true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide USA with alternative payment information to fulfill your donation.

 

4. Intellectual Property and Licensing.

You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, trademark, privacy and publicity laws and all rights are reserved by USA. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of USA.

 

5. Use of Trademarks.

You acknowledge and agree that nothing contained in these Terms of Use shall be construed as a license to use the trademarks “USA Fellows”, “United States Artists” or any other trademark, service mark or trade name of USA or any of its artists or donors. You further acknowledge and agree that you will not reference USA or any of its artists or donors in any promotional materials or press releases without the prior written consent of USA, which permission may be withheld or withdrawn in the sole discretion of USA.

 

6. Third Party Websites.

This website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between USA and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of USA, that USA is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.

 

7. Disclaimer of Warranty.

YOU ACKNOWLEDGE AND AGREE THIS WEBSITE, AND ALL CONTENT AND SERVICES PROVIDED VIA THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT USA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS WEBSITE OR ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. USA HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

 

8. Limitation of Liability.

IN NO EVENT WILL USA, ITS DONORS, ARTISTS OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF UNITED STATES ARTISTS, ITS ARTISTS OR  DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

 

9. Indemnification.

 You agree to defend, indemnify and hold harmless United States Artists, its artists or donors and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorneys fees) arising out of or relating to your use of this website or your breach of these Terms of Use, including but not limited to any Prohibited Conduct.

 

10. DMCA Notice.

If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of USA and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to USA’s Designated Agent by emailing content@unitedstatesartists.org.

 

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

 

11. Opt-Out Policy.

You may request not to be contacted by USA in connection with any new services, updates, programs or promotions.  Requests not to be contacted by USA should be sent in writing to United States Artists, 980 N. Michigan, Suite 1300, Chicago, Illinois 60611, or send an email to feedback@unitedstatesartists.org.

 

12. Severability.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

13. Jurisdiction and Choice of Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

 

14. Waiver.

A waiver by USA of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing. The failure or delay of USA in exercising any of its rights under these Terms of Use will not constitute a waiver of such rights except as specifically provided in these Terms of Use.

 

15. Entire Agreement.

These Terms of Use constitutes the entire agreement and supersedes any and all other understandings and agreements between you and USA with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or USA. Although these Terms of Use may be updated or modified by USA from time to time as set forth therein, USA will not be bound by any other amendments or modifications to these Terms of Use unless expressly accepted in writing by USA in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage.