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Welcome, and thank you for visiting the ArtSmart website www.ArtSmart.org (“The Website”). ArtSmart (“The Organization") and its affiliates are happy to provide this website along with the services and information available in it as part of our mission to provide free music lessons to underprivileged children.
The terms "ArtSmart", "Organization", "we", and "our" are used in this site for purposes of convenience and are intended to refer to ArtSmart and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require.
Communication and Privacy
By conventional mail: ArtSmart Attn: Website Legal Policy 2447 Grays Ferry Ave Philadelphia, PA 19146
Accuracy of Information
Although the Organization makes reasonable efforts to ensure that the information provided through this Website is current and accurate, the Organization makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and the Organization makes no commitment and disclaims any duty to update such information. In addition, the Organization permits third parties to provide testimonials and information and, in certain situations, create personal homepages for fundraising purposes. The Organization also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of the Organization or endorsed by the Organization. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.
This Website (including without limitation, the information, content, or services provided on this Website, and the design and layout of this Website) is protected by copyright, trademark and other proprietary and intellectual property rights of the Organization or third parties. Except as expressly permitted herein, no portion of this Website, including trademarks, logos and service marks, may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without the prior written permission from the Organization.
The Organization names and logos, trade dress, and all related product and service names, design marks and slogans are the trademarks or service marks of the Organization. While we understand that you may not intend to cause any harm by using our protected Marks, your use of any of the Marks may suggest a relationship or sponsorship of your organization that simply does not exist with the Organization. Moreover, as trademark and service mark owners, we are obligated under federal and common law to police the use of our marks and must monitor such for unauthorized use; otherwise, we risk the abandonment of our marks as well as the inability to enforce our rights against other third parties. Accordingly, you may not use or reproduce any of the Marks without out express, prior written consent.
Use of this Website
You hereby agree that you will hold indemnify, defend, and hold harmless the Organization and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website, including any information or material viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, or defamatory.
Disclaimer of Liability
This Website contains general information and may contain errors, omissions and inaccuracies. The Organization assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. The Organization may make modifications and/or changes to this Website at any time without notice.
THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. THE ORGANIZATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT (1) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSIE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (2) ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THIS WEBSITE OR THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, (3) OR THAT THIS WEBSITE, THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. THE ORGANIZATION HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL THE ORGANIZATION BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE AND THE INFORMATION, CONTENT, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
Some states do not allow certain exclusion of implied warranties, so the above exclusions with respect to implied warranties may not apply to you. Other states do not allow certain limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion of liability may not apply to you.
IN NO EVENT SHALL THE ORGANIZATION AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE AND ANY AND ALL INFORMATION, CONTENT AND SERVICES AVAILABLE VIA THIS WEBSITE, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.
References and Links to Third Party Sites
This Website may refer to, or provide hyperlinks to the webpage of, other individuals, companies, entities, organizations, products or services. These references and links (collectively, "Links") are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by the Organization of such individuals, companies, entities or organizations, products or services.
Without limiting the foregoing, links to this Website may nonetheless be provided from other sites either known or unknown to the Organization, and some links to this Website may be unauthorized. Please note that accessing any other website linked to or from this Website is done at your own risk. The Organization has not reviewed and is not responsible for the content of any third party sites linked to or from this Website and does not make any representations regarding the content or accuracy of materials on such third party sites. The Organization is not responsible for the information, materials, or content contained at any website linked to or from this Website.
With respect to any pictures, information, writings, or other content provided by you in connection with the services provided on this Website or otherwise uploaded onto any of our Site's servers or provided to the Organization through our Sites ("Your Property"), you hereby grant to the Organization and its affiliates, licensees and assigns, a non-exclusive, perpetual, royalty-free, irrevocable, fully paid-up right and license to use Your Property (including any copyright and moral rights therein) throughout the world for any purpose in connection with the mission of the Organization, as set forth above. These purposes include, without limitation, the right and license to (a) record, film, tape, video-tape, photograph, broadcast (whether by the Internet, wire, satellite, laser, cable, or any other means whatsoever) and otherwise exploit the Your Property; (b) reproduce, print, publish and disseminate, in any medium whatsoever, your name, pictures, voice, likeness, interviews, and identity to the extent included in Your Property (collectively, "Likeness") in connection with our use of Your Property; and (c) identify you as the source of the Likeness.
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation of Your Property as contemplated above, or the exercise by the Organization of the rights granted to the Organization above.
Neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Governing Law and Jurisdiction
Access to this Website and any and all information, content and services available via this Website is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
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