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By accessing this Website, you agree to be bound by the terms and conditions appearing in this document. If there is anything you do not understand please email any enquiry to support@artintoaction.org.
In these terms and conditions "We/us/our" means Art Into Action, "Website" means the website located at artintoaction.org (or
any subsequent URL which may replace it) and all associated websites
and micro sites of Art Into Action and "You/your" means you as a user
of the Website.
You shall not use the Website for any illegal
purposes, and you will use it in compliance with all applicable laws
and regulations. You agree not to use the Website in a way that may
cause the Website to be interrupted, damaged, rendered less efficient
or such that the effectiveness or functionality of the Website is in
any way impaired;
You agree not to attempt any unauthorized
access to any part or component of the Website; and You agree that in
the event that you have any right, claim or action against any Users
arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to
us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY
US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES,
INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF
THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE
OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE
USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right
to modify or withdraw, temporarily or permanently, the Website (or any
part of) with or without notice to you and you confirm that we shall
not be liable to you or any third party for any modification to or
withdrawal of the Website.
We may alter these terms and
conditions from time to time, and your use of the Website (or any part
of) following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using the
Website.
The Website is subject to constant change. You will
not be eligible for any compensation because you cannot use any part of
the Website or because of a failure, suspension or withdrawal of all or
part of the Website.
We are not responsible for the
availability of any external sites or resources, and do not endorse and
are not responsible or liable, directly or indirectly, for the privacy
practices or the content (including misrepresentative or defamatory
content) of any third party websites, including (without limitation)
any advertising, products or other materials or services on or
available from such websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such content, goods or services available on
such external sites or resources.
We have the right, but not
the obligation, to monitor any activity and content associated with the
Website. We may investigate any reported violation of these Conditions
or complaints and take any action that we deem appropriate (which may
include, but is not limited to, issuing warnings, suspending,
terminating or attaching conditions to your access and/or removing any
materials from the Website).
You acknowledge and agree that
all copyright, trademarks and all other intellectual property rights in
all material or content supplied as part of the Website shall remain at
all times vested in us or our licensors. You are permitted to use this
material only as expressly authorized by us.
You acknowledge
and agree that the material and content contained within the Website is
made available for your personal non-commercial use only and that you
may download such material and content onto only one computer hard
drive for such purpose. Any other use of the material and content of
the Website is strictly prohibited. You agree not to (and agree not to
assist or facilitate any third party to) copy, reproduce, transmit,
publish, display, distribute, commercially exploit or create derivative
works of such material and content.
The Website is Copyright, artintoaction.org. All rights reserved.
WE
MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE
ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND
CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE
WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US
OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY,
ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING
FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN
SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR
SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES
OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE
SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR
PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR
BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS
OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE
RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A
RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU
ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY
WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY
INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE
WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN
FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION
WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER
BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY
ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES,
PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF
GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY
SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT
SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE
ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will
not be liable in contract, tort or otherwise if you incur loss or
damage connecting to the Website through a third party's hypertext
link.
Notwithstanding any other provision in the Conditions,
nothing shall limit your rights as a consumer under US law where or
insofar as such rights cannot be derogated from by contract.
Nothing
in the Conditions shall exclude or limit our liability for death or
personal injury resulting from our negligence or that of our agents or
employees.
If any part of the Conditions shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed to be severable from these Conditions and shall not
effect the validity and enforceability of any of the remaining
provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These
Conditions and documents referred to herein (as amended from time to
time) contain the entire agreement between you and us relating to the
subject matter covered and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral, between you
and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of
these Conditions. You confirm that, in agreeing to accept these
Conditions, you have not relied on any representation save insofar as
the same has expressly been made a representation in these Conditions
and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save
that your agreement contained in this Clause shall not apply in respect
of any fraudulent misrepresentation whether or not such has become a
term of these Conditions.
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