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Please read these terms and conditions carefully before using the www.bloomingtonArts.info website (the "Site"). This Site is fully controlled and operated by the Bloomington Area Arts Council. ("Bloomington Area Arts Council, "we" or "us"). By accessing the bloomingtonArts.info online website, whatever the Internet address or URL used, you accept to be bound by all the terms of this user contract. We may update these terms from time to time without giving you any notice. By using the services of bloomingtonArts.info, you agree to each of the terms set forth below. THE PURPOSE OF THIS SITE bloomingtonArts.info is dedicated to providing the most comprehensive and up-to-date information on the arts activities in Bloomington and the five-county area served by the Bloomington Area Arts Council (Monroe, Brown, Greene, Lawrence, and Owen Counties). We hope that our system is easy to use and provides information of value to you. Comments and questions are always welcome. RULES OF PARTICIPATION The Site is the property of the Bloomington Area Arts Council. As such, Bloomington Area Arts Council can and does exercise its right to establish guidelines and expectations for the use of the site and communications and information placed upon the site. You are responsible for obtaining access to the service and that access may involve third party fees such as Internet service provider, equipment etc. You agree to pay for all hardware and services costs needed to access the Site and use the Services. To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of the Bloomington Area Arts Council. In no event shall the Bloomington Area Arts Council assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site. By submitting a Posting, you further authorize Bloomington Area Arts Council to use, and authorize others to use, such Postings in whole or in part, and at any location in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party. Bloomington Area Arts Council will not routinely prescreen the content on this Site. For this reason, Bloomington Area Arts Council does not assume any responsibility or liability for content that is provided by others. Bloomington Area Arts Council reserves the right to approve or remove content that, in Bloomington Area Arts Council’s sole judgment and opinion, does not meet its standards or does not comply with the guidelines for posts and participation that follow. Rules and Guidelines for Participation 1. The post, transmission, promotion or distribution of illegal content is not permitted. 2. Harassment, threats, communications intended to embarrass or to do anything else to another person or institution that is harmful or offensive is not permitted. 3. Communications that is or is intended to be unduly harmful, abusive, racially or ethnically offensive, vulgar, or pornographic is not permitted. Disparaging comments regarding gender, race, ethnicity, color, age, handicap are not permitted. 4. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Bloomington Area Arts Council; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another. 5. Your posts must comply with copyright and trademark laws. Your posts, messages, forum participation and other materials placed by you on this site are considered "public." By submitting or posting content here, you are representing that you are the owner of such material or have authorization to distribute it. Once posted, you expressly agree to allow, and grant Bloomington Area Arts Council the right, to use, reproduce, modify and/or distribute the content anywhere and in form and manner desired by Bloomington Area Arts Council. 6. You will not use the service to harm minors in any way, or encourage interactions with minors of a sexual nature. 7. You will not manipulate the service so as to hide your identity or participation on the site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier); 8. You agree to not use the service to transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 9. You agree to not use the service to transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 10. If you use the data, content and/or materials from this site for any purpose not expressly permitted in these Terms, violate any of the other guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the service without prior notice; 11. You agree to not use the service intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law. If you believe that any information provided on this Site violates the Rules and Guidelines of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail. Penalty for Violations Bloomington Area Arts Council reserves the right and will do the following in the event it deems there to be a violation(s) of the considerations or rules and guidelines for participation: A. Issue a warning to the violator. B. Terminate and remove the violator's post or message. C. Terminate the violator's ability to use a password. None of the foregoing is intended to create any procedural or legal rights in or for participants on the Site. The foregoing is Bloomington Area Arts Council‘s unilateral statement of rights and privileges for regulation of its website and components. HYPERLINKS TO THIRD PARTY SITES The appearance of external hyperlinks does not constitute endorsement by Bloomington Area Arts Council or its affiliates of the opinions or views expressed by these linked websites and Bloomington Area Arts Council does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, the Bloomington Area Arts Council is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Bloomington Area Arts Council or its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall the Bloomington Area Arts Council assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, the Bloomington Area Arts Council will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites. COPYRIGHT The service is protected by U.S. copyright laws and other intellectual property laws. You acknowledge and agree that Bloomington Area Arts Council’s Site and any necessary software used in connection with Bloomington Area Arts Council’s Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in sponsor advertisements or the information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bloomington Area Arts Council or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. The web changes constantly and no searching or indexing techniques can possibly include all pages accessible on the web in its index of sites. As a result, Bloomington Area Arts Council does not and cannot guarantee that your search results will be complete or accurate, or that the links associated with the index will be complete or accurate or active at the time of your search. The web sites included in the index are developed by people we do not control. We are not liable for the content of any site included in the index, and are not responsible for any errors or omissions contained in the service (or any site you may link to from the service), or any offensive or objectionable content contained in the service (or any site you may link to from the service). You understand and agree that your use of our service is at your sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You understand and agree that the service, index and all information included or accessible from the service, are provided on an "As is"; "Where is" and "Where available" basis, and are subject to change at any time without notice. You understand and agree that Bloomington Area Arts Council does not guarantee that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected. Product offers, rates, terms and other information provided herein are subject to change without notice. LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bloomington Area Arts Council is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLOOMINGTON AREA ARTS COUNCIL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY BLOOMINGTON AREA ARTS COUNCIL OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall BOA's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. MISCELLANEOUS Bloomington Area Arts Council operates and controls this site from its offices at 122 S. Walnut, IN, 47404, United States of America. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. ASSIGNMENT OF RIGHTS AND INDEMNIFICATION If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant Bloomington Area Arts Council permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, Bloomington Area Arts Council will have the right to use and change the Postings in any manner that Bloomington Area Arts Council may determine. Please be advised that in no event shall Bloomington Area Arts Council assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on Bloomington Area Arts Council ‘s websites, affiliated programming services or elsewhere. You further agree to indemnify, defend and hold harmless, Bloomington Area Arts Council. its affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. the Bloomington Area Arts Council reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Bloomington Area Arts Council in asserting any available defenses. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Indiana applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Indiana and County of Monroe. HOW TO CONTACT US For questions or comments on the bloomingtonArts.info website, Terms of Use or Privacy Policy, contact the site administrator by email or at: Bloomington Area Arts Council 122 S. Walnut Street Bloomington, IN 47404 (812) 334-3100 |
