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Please read the following Terms carefully before you use the Site or submit any information to the Alliance for the Arts (“AFTA”) through the Site. Your use of the Site and/or your submission of any information to AFTA through the Site constitutes your agreement to be bound by these Terms without limitation or qualification.
AFTA may modify these Terms from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by these Terms as modified. If you are not willing to be bound by these Terms, or if you are under 16 years old, do not use the Site and do not submit any information to AFTA through the Site.
1. Restrictions on Use of the Site
You may view the Site and download and/or print content from the Site solely for your non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from the Site without AFTA’s prior written consent.
All of the content on the Site, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of AFTA or others and your use of all such content is subject to the restrictions set forth in paragraph 1 above. The “NYC ARTS™,” “NYCkidsARTS™,” and “Alliance for the Arts” trademarks and logos are owned by AFTA and may not be used or displayed without the prior written consent of AFTA. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
3. Site Directed at United States Visitors
The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. AFTA makes no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
4. Links to Third Party Sites
5. No Warranty
YOUR USE OF THE SITE IS AT YOUR OWN RISK. AFTA does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Limitation of Liability
In no event shall AFTA or any other party involved in creating or maintaining the Site or any of its contents be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use the Site, including without limitation damages to your computer equipment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
7. Injunctive Relief
You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of AFTA will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
You agree to indemnify, defend and hold harmless AFTA and its affiliated entities, its and their respective officers, directors, members, agents, employees, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms.
9. Applicable Law
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.