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Puget Sound WA
Effective Date: OCTOBER 1, 2013
These ArtsFund Terms and Conditions are between you and Corporate Council for the Arts dba ArtsFund (“ArtsFund”, “we”, “us”, “our”).
Please note that we reserve the right to change these Terms at any time upon notice. We may give notice by posting updated Terms on the Site or by any other reasonable means. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Site. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms. You agree that you will periodically return to the Site and review the Terms to ensure that you are familiar with the most current version of the Terms.
You must be 18 years of age or older to access and use the Site. By using the Site, you represent and warrant that you are at least 18 years of age. If we discover or have any reason to suspect that you are not at least 18 years of age, we reserve the right to suspend or terminate your use of the Site immediately and without notice.
When making a donation through the Site, you are making a gift to ArtsFund, a registered 501(c)(3) non-profit agency. For questions about your gift, please contact Virginia Daugherty at 206.281.9050 or firstname.lastname@example.org.
All donations made through the Site are final and non-refundable. As required by the IRS, ArtsFund has exclusive legal control over the donation. We understand that you would like your contribution to benefit your designated nonprofit(s) and ArtsFund will make reasonable efforts to respect the wishes of its donors. However, to comply with federal tax laws, ArtsFund must retain the authority, discretion and control to spend its funds as it sees fit.
Seven percent (7%) of each donation will be retained by ASC to cover credit card transaction costs, the maintenance of the ASC Website and the Site and other expenses incurred to operate the ASC Website and the Site. ArtsFund will typically disburse the balance of your donation ten business days after the project funding period ends or when the project is fully funded (whichever comes first). A project has a maximum of 90 days to be funded through the Site, and after those 90 days, the project funding period ends and is no longer able to accept donations. If a project is not completely funded, ArtsFund will generally still provide the funds donated to the project sponsoring organization to be used in the discretion of that organization. In such event, the project organization may follow up with donors who gave to that project to explain how that donation will be used.
ArtsFund and its licensors own or have the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. Absent ArtsFund’s express written permission as to particular Content on the Site, you may use the Content only for limited personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without ArtsFund’s prior written consent. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
The name ArtsFund and the ArtsFund logo are trademarks of ArtsFund, and you may not use any of those marks without our prior written consent.
Except as expressly provided above, ArtsFund is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of ArtsFund or any third party. You obtain no rights in the products, services, processes, or technology described on the Site by accessing or using the Site. ArtsFund and its affiliates, and all third party owners, retain all of those rights.
We may include links to third-party websites. Some of these third party sites may contain materials that are objectionable, unlawful, or inaccurate. ArtsFund does not control these third party sites and ArtsFund is not responsible for any third party site, including but not limited to any content contained in a third party site or any changes or updates to a third party site. ArtsFund provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by ArtsFund of the site or any association with its operators. You acknowledge that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.
We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
To the maximum extent permitted by applicable law, the Site and Content are provided “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. ARTSFUND and ITS licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement. In particular, ARTSFUND AND its licensors make no warranty that the SITE, Content, or products: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure or error-free basis; (C) any information or content obtained through the SITE will be accurate, complete, or reliable; or (D) that any defects or errors therein will be corrected. you will be solely responsible for any damage or loss that results from your access of the SITE. You may have additional rights under your local laws that THESE TERMS cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but ARTSFUND’s liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.
In no event will artsfund or its licensors be liable for any consequential; special; incidental; indirect; punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the SITE, or Content, even if artsfund or its licensor has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential DAMAGE, LOSS, or LIABIlity FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section will be interpreted AS excluding liability which cannot under applicable law be excluded In those jurisdictions. If you LIVE, or are otherwise subject to the laws IN one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, the limitations AND exclusions IN THIS SECTION may not apply to you.
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoN 9, ARTSFUND’S and its licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms, the SITE, or Content will be to recover the actual damages you incur based upon reasonable reliance on the SITE or Content up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the SITE or Content will not enlarge or extend the limitation of money damages.
Some jurisdictions do not allow certain DAMAGE LIMITATIONS SUCH AS the LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 10 will be interpreted as excludING liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.
The exclusion of damages under Section 9 is independent of your exclusive remedy in Section 10 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 9 and 10 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
You hereby agree to defend, indemnify, and hold ArtsFund, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law.
ArtsFund may provide you with notices regarding the Site or these Terms by regular mail, e-mail, or postings to the Site.
These Terms constitute the entire agreement between you and ArtsFund with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.
These Terms are governed by and construed in accordance with the laws of the state of Washington, without giving effect to its conflict-of-laws provisions. In any dispute related to the ArtsFund, the Site, or these Terms, you consent to personal jurisdiction in King County, Washington, and the courts of King County, Washington shall be the sole and exclusive forum for the litigation of any such dispute. You must commence any cause of action you may have with respect to your use of the Site within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.