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 United States Artists 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 United States Artists, any other users or any third party, or (g) to engage in any conduct that could expose United States Artists to civil or criminal liability (collectively, the “Prohibited Conduct”).
3. User Accounts and Personal Information.
You understand and agree that your donation is being made to United States Artists and not to an individual Artist or Project. You further understand and agree that United States Artists has exclusive legal control over all donations. While United States Artists will give careful consideration to all Donor recommendations, it is under no legal obligation to use your donation to fund any particular Project or Artist recommended by you. Furthermore, United States Artists will only distribute donated funds to individual Artists once a specific Project reaches its targeted funding. It is possible that the Project recommended by you will not reach its targeted funding and that United States Artists will not distribute donated funds to your recommended Artist or Project. Except as expressly described in the following paragraph, all donations are final and non-refundable.
At the time you make your donation, you will be given the opportunity to select one of the following three options regarding the use of your donation in the event that your recommended Project does not receive its targeted funding or is cancelled prior to receiving its targeted funding: (a) put your donation into a United States Artists matching fund or general fund to benefit the activities of United States Artists or specific Artists designated by United States Artists, or (b) refund all of your donation to you. You will not be allowed to change your selection once it has been made. In the event that you select option (a), your donation will be deemed final and non-refundable at the time you make your donation. In the event that you select option (b), the refund of your donation will not be deemed final unless and until your recommended Project has reached its targeted funding. Choosing option (b) may impact the timing and deductibility of your donation. Please consult your tax advisor with any specific questions about the tax deductibility of your donation.
You understand and agree that except as expressly set forth in the preceding paragraph, your donation will not be refunded to you, in whole or in part, and you may not cancel or withdraw your donation for any reason. Without limiting the generality of the foregoing, United States Artists will not refund your donation to you in the event that your recommended Artist fails to complete a fully funded Project, your recommended Artist fails to deliver any anticipated perks, or you are unable to obtain a tax deduction for your donation.
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 United States Artists 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 United States Artists with alternative payment information to fulfill your donation.
In the event that you make a donation and United States Artists and your donation is used to fund a Project, your donation may entitle you to receive certain perks to be provided by the Artist as more fully described in the Project and as identified at the time of your donation. You understand and agree that United States Artists is not responsible for providing any perks, that any such perks will be provided directly to you by the Artist upon completion of the Project, that your donation is not contingent upon receiving any perks, and that your donation will not be refunded to you in the event that the Artist fails to provide you with any perks even if such perks are described in the Project at the time of your donation.
If you receive any perks as a result of your donation, the amount of your contribution that may be deductible for federal and state income tax purposes is limited to the amount by which your donation exceeds the fair market value of the perks you receive (i.e., the amount of your donation minus the value of the perks received equals the amount of your donation that may be tax deductible). United States Artists will issue a tax acknowledgment letter to you showing the amount of your donation and a good faith estimate of the value of the perks you will receive.
While United States Artists intends to use the majority of donations received to fund Projects, United States Artists shall retain nineteen percent (19%) of all donations for use in furthering the general charitable, educational and artistic purposes of United States Artists and its affiliates, and to cover the costs of credit card processing, artist and donor support, marketing, fundraising and general overhead. You understand and agree that nineteen percent (19%) of your final donation will be used for the purposes described above.
Unless you expressly notify United States Artists to the contrary, United States Artists and the applicable Artists shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications or public announcements with respect to any Project for which you recommended funding. You hereby release United States Artists from any and all claims, damages, liabilities and causes of action arising out of or related to your donation, including but not limited to the failure of any Projects to be approved for funding, the failure of any Artists to complete any Projects, the failure of any Artists to provide you with any promised perks, your inability to obtain a tax deduction for your donation, the listing or failure to list your name as a Project contributor and/or the use of your donation by United States Artists to fund a Project or Artist that you did not recommend.
6. Intellectual Property and Licensing.
You hereby grant to United States Artists a perpetual, worldwide, non-exclusive, royalty free, right and license to use any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website, our grant program, artistic projects and art and artists in general. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to United States Artists. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to United States Artists, will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.
You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by United States Artists or the Artists or users who submitted such content. 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 United States Artists or the Artists or users who submitted such content.
7. Review and Removal of Content.
8. Modification or Discontinuation.
You acknowledge and agree that United States Artists may modify or discontinue any or all features of this website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that United States Artists may suspend or terminate any account that you create on this website, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release United States Artists, the Artists and the Donors from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this website and the suspension or termination of your access to this website and/or any account that you create on this website.
9. Use of Trademarks.
10. Third Party Websites.
This website may contain links to third party websites including but not limited to the website of our affiliate United States Artists. 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 United States Artists 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 United States Artists, that United States Artists 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.
11. Disclaimer of Warranty.
12. Limitation of Liability.
IN NO EVENT WILL UNITED STATES ARTISTS, THE DONORS, THE 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, THE ARTISTS OR THE DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
14. 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 United States Artists 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 United States Artists’ Designated Agent by emailing firstname.lastname@example.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. United States Artists will terminate your account in the event that United States Artists determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a “repeat infringer” under the DMCA.
15. Independent Contractors.
17. Jurisdiction and Choice of Law.
19. Entire Agreement.