Terms of use
These Terms of Use (the “Agreement”) govern the contractual relationship between Art For Alzheimer’s Inc. (“Art For Alzheimer’s”) and the individual person or entity who accesses, uses or registers to use the Art For Alzheimer’s Site or any mobile application (“you” or “your”). Therefore,
PLEASE READ THE AGREEMENT CAREFULLY AND IN ITS ENTIRETY. PLEASE DO SO BEFORE ACCESSING, USING OR REGISTERING TO USE THE ART FOR ALZHEIMER’S SITE, OR ANY ART FOR ALZHEIMER’S WEB ADDRESS THAT RESOLVES TO THE ART FOR ALZHEIMER’S, OR ANY MOBILE APPLICATION OR CONTENT, SERVICE OR FEATURE AVAILABLE THROUGH THE ART FOR ALZHEIMER’S SITE OR ANY MOBILE APPLICATION (ALL TOGETHER REFERRED HEREIN TO AS THE “ART FOR ALZHEIMER’S SITE”).
By accessing this Art For Alzheimer’s Site, you represent and warrant that you are at least 18 years of age, you agree to be bound by the Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Art For Alzheimer’s Site and are directed to exit it immediately.
1. Intellectual Property Rights and Copyright
“Content” as used in the Agreement refers to, without limitation, any and all audio and visual works in any medium or format, including, without limitation, film, video, text, logos, designs, artwork, graphics, pictures, images, advertisements, narratives, biographies, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to Art For Alzheimer’s, the Art For Alzheimer’s Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.
All copyrights (including available moral rights), trademarks, patents and other intellectual property rights in and to the name Art For Alzheimer’s, the Art For Alzheimer’s Site and the Content ( all together “IP”), are the sole and exclusive property of Art For Alzheimer’s, the artists/suppliers identified therein and/or their representatives, as the case may be. Your use of any IP without prior written consent from Art For Alzheimer’s is prohibited.
Neither the Art For Alzheimer’s Site nor any of the Content therein may be reproduced, displayed, modified or adapted, distributed or transmitted in any form or media by any means existing or available now or in the future (including, but not limited to, electronic duplication or transmission). In addition, without prior written consent from Art For Alzheimer’s, you must not:
· use the Art For Alzheimer’s Site or any of the Content therein for any commercial or marketing related purpose;
· use the Art For Alzheimer’s Site or any of the Content therein for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on the Art For Alzheimer’s Site;
· remove any copyright or other proprietary notations or markings from the Art For Alzheimer’s Site or any of the Content therein; or
· transfer the Art For Alzheimer’s Site or any of the Content therein to another person or “mirror” the materials on any other server.
2. Acceptable Use and Indemnity
You agree to use the Art For Alzheimer’s Site only for lawful purposes and in a way that does not infringe, restrict or inhibit the rights of anyone else to use and enjoy it. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Art For Alzheimer’s Site.
You agree to indemnify and hold Art For Alzheimer’s, its affiliates, and each of its respective directors, officers, employees, shareholders, partners and agents (collectively, the “AFA Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any AFA Party arising out of, as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any term set forth in the Agreement.
3. Termination and Restricted Access
Notwithstanding anything in the Agreement, Art For Alzheimer’s reserves the right, without notice and in its sole and unfettered discretion, to block your use, and may restrict your access to parts or all of the Art For Alzheimer’s Site. If, at any point, you are provided a username and password for you to access restricted areas of the Art For Alzheimer’s Site, you must ensure that both your username and password are kept confidential.
4. Anti-Spam Policy
Art For Alzheimer’s prohibits the use of the Art For Alzheimer’s Site and/or any services provided through it to be in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail (“Spam”). You may not use this domain to send Spam. Further, e-mail sent, or caused to be sent, to or through the Art For Alzheimer’s Site may not:
· use or contain invalid or forged headers;
· use or contain invalid or non-existent domain names;
· employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
· use other means of deceptive addressing;
· use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
· contain false or misleading information in the subject line or otherwise contain false or misleading content; or
· otherwise violate the Agreement.
Art For Alzheimer’s does not permit or authorize any attempt to use the Art For Alzheimer’s Site in a manner that could damage, disable, overburden or impair any aspect of any of the Art For Alzheimer’s Site, or that could interfere with any other party’s use and enjoyment.
If Art For Alzheimer’s believes that unauthorized or improper use is being made of any service, Art For Alzheimer’s may, without notice, take such action as it, in its sole and unfettered discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Art For Alzheimer’s may immediately terminate any user’s access if it determines, in its sole and unfettered discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this Agreement is intended to grant, nor does it grant, any right to transmit or send e-mail to or through the Art For Alzheimer’s Site and/or services. Failure to enforce this policy in every instance does not amount to a waiver of Art For Alzheimer’s rights.
Unauthorized use of any portion of the Art For Alzheimer’s Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this Agreement, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. Violators may be subject to “cease and desist” orders or penalties.
5. Revisions
Art For Alzheimer’s may at any time revise this Agreement by updating this posting, and you should check the Agreement periodically. Your continued use of the Art For Alzheimer’s Site will constitute your acceptance of the updated or amended terms then in effect. If you do not agree to the changes, cease using the Art For Alzheimer’s Site immediately. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of herein.
6. Privacy Policy
Art For Alzheimer’s is committed to protecting your privacy. Please refer to www.artforalz.us/privacy for information on how your personal information is collected, used and disclosed.
7. Limitation of Liability
The Art For Alzheimer’s Site and the Content are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Art For Alzheimer’s, or any AFA Party be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Art For Alzheimer’s has been advised of the possibility of such loss or damages.
8. Disclaimer
Art For Alzheimer’s makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on the Art For Alzheimer’s Site. The Art For Alzheimer’s Site may contain links to other websites. Art For Alzheimer’s cannot and does not guarantee the accuracy of information found at any linked site.
9. Notification of Copyright Infringement
a. Art For Alzheimer’s respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to Art For Alzheimer’s copyright Agent:
DMCA Officer
ART FOR ALZHEIMER'S
6 East 69th Street
New York, NY 10021
P: (917) 414-3743
info@artforalz.us
b. To be effective, the notice should include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Art For Alzheimer’s to locate the material on the Art For Alzheimer’s Site;
iv. Information reasonably sufficient to permit Art For Alzheimer’s to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Violation of Agreement
a. Art For Alzheimer’s reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Art For Alzheimer’s Site, or report misuses to law enforcement.
b. Art For Alzheimer’s operates the Art For Alzheimer’s Site and reserves the right to change the Agreement at any time and from time to time without notice. The failure of Art For Alzheimer’s to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
11. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Art For Alzheimer’s Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Art For Alzheimer’s Site may be subject to prosecution.
12. Jurisdiction and Venue
This Site is controlled and operated by Art For Alzheimer’s from its offices within the United States of America. Any claim relating to the Art For Alzheimer’s Site shall be governed by the internal substantive laws of the State of New York. You and Art For Alzheimer’s agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against Art For Alzheimer’s arising out of, in connection with or related to your use of the Art For Alzheimer’s Site or the Agreement must be filed by you within one (1) year after such claim or cause of action arose.
13. Questions and contact information
For questions regarding Art For Alzheimer’s or the Agreement, please contact Art For Alzheimer’s at: Art For Alzheimer’s, 6 East 69th Street, New York, NY 10021; or info@artforalz.us
These Terms of Use (the “Agreement”) govern the contractual relationship between Art For Alzheimer’s Inc. (“Art For Alzheimer’s”) and the individual person or entity who accesses, uses or registers to use the Art For Alzheimer’s Site or any mobile application (“you” or “your”). Therefore,
PLEASE READ THE AGREEMENT CAREFULLY AND IN ITS ENTIRETY. PLEASE DO SO BEFORE ACCESSING, USING OR REGISTERING TO USE THE ART FOR ALZHEIMER’S SITE, OR ANY ART FOR ALZHEIMER’S WEB ADDRESS THAT RESOLVES TO THE ART FOR ALZHEIMER’S, OR ANY MOBILE APPLICATION OR CONTENT, SERVICE OR FEATURE AVAILABLE THROUGH THE ART FOR ALZHEIMER’S SITE OR ANY MOBILE APPLICATION (ALL TOGETHER REFERRED HEREIN TO AS THE “ART FOR ALZHEIMER’S SITE”).
By accessing this Art For Alzheimer’s Site, you represent and warrant that you are at least 18 years of age, you agree to be bound by the Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Art For Alzheimer’s Site and are directed to exit it immediately.
1. Intellectual Property Rights and Copyright
“Content” as used in the Agreement refers to, without limitation, any and all audio and visual works in any medium or format, including, without limitation, film, video, text, logos, designs, artwork, graphics, pictures, images, advertisements, narratives, biographies, aural and other forms of expression, whether in still, live, animated or streaming format, contained in works posted, uploaded or provided to Art For Alzheimer’s, the Art For Alzheimer’s Properties, or into the technologies described herein, in any method or form, by you, or anyone on your behalf.
All copyrights (including available moral rights), trademarks, patents and other intellectual property rights in and to the name Art For Alzheimer’s, the Art For Alzheimer’s Site and the Content ( all together “IP”), are the sole and exclusive property of Art For Alzheimer’s, the artists/suppliers identified therein and/or their representatives, as the case may be. Your use of any IP without prior written consent from Art For Alzheimer’s is prohibited.
Neither the Art For Alzheimer’s Site nor any of the Content therein may be reproduced, displayed, modified or adapted, distributed or transmitted in any form or media by any means existing or available now or in the future (including, but not limited to, electronic duplication or transmission). In addition, without prior written consent from Art For Alzheimer’s, you must not:
· use the Art For Alzheimer’s Site or any of the Content therein for any commercial or marketing related purpose;
· use the Art For Alzheimer’s Site or any of the Content therein for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on the Art For Alzheimer’s Site;
· remove any copyright or other proprietary notations or markings from the Art For Alzheimer’s Site or any of the Content therein; or
· transfer the Art For Alzheimer’s Site or any of the Content therein to another person or “mirror” the materials on any other server.
2. Acceptable Use and Indemnity
You agree to use the Art For Alzheimer’s Site only for lawful purposes and in a way that does not infringe, restrict or inhibit the rights of anyone else to use and enjoy it. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Art For Alzheimer’s Site.
You agree to indemnify and hold Art For Alzheimer’s, its affiliates, and each of its respective directors, officers, employees, shareholders, partners and agents (collectively, the “AFA Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any AFA Party arising out of, as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any term set forth in the Agreement.
3. Termination and Restricted Access
Notwithstanding anything in the Agreement, Art For Alzheimer’s reserves the right, without notice and in its sole and unfettered discretion, to block your use, and may restrict your access to parts or all of the Art For Alzheimer’s Site. If, at any point, you are provided a username and password for you to access restricted areas of the Art For Alzheimer’s Site, you must ensure that both your username and password are kept confidential.
4. Anti-Spam Policy
Art For Alzheimer’s prohibits the use of the Art For Alzheimer’s Site and/or any services provided through it to be in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail (“Spam”). You may not use this domain to send Spam. Further, e-mail sent, or caused to be sent, to or through the Art For Alzheimer’s Site may not:
· use or contain invalid or forged headers;
· use or contain invalid or non-existent domain names;
· employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
· use other means of deceptive addressing;
· use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
· contain false or misleading information in the subject line or otherwise contain false or misleading content; or
· otherwise violate the Agreement.
Art For Alzheimer’s does not permit or authorize any attempt to use the Art For Alzheimer’s Site in a manner that could damage, disable, overburden or impair any aspect of any of the Art For Alzheimer’s Site, or that could interfere with any other party’s use and enjoyment.
If Art For Alzheimer’s believes that unauthorized or improper use is being made of any service, Art For Alzheimer’s may, without notice, take such action as it, in its sole and unfettered discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Art For Alzheimer’s may immediately terminate any user’s access if it determines, in its sole and unfettered discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this Agreement is intended to grant, nor does it grant, any right to transmit or send e-mail to or through the Art For Alzheimer’s Site and/or services. Failure to enforce this policy in every instance does not amount to a waiver of Art For Alzheimer’s rights.
Unauthorized use of any portion of the Art For Alzheimer’s Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this Agreement, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. Violators may be subject to “cease and desist” orders or penalties.
5. Revisions
Art For Alzheimer’s may at any time revise this Agreement by updating this posting, and you should check the Agreement periodically. Your continued use of the Art For Alzheimer’s Site will constitute your acceptance of the updated or amended terms then in effect. If you do not agree to the changes, cease using the Art For Alzheimer’s Site immediately. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of herein.
6. Privacy Policy
Art For Alzheimer’s is committed to protecting your privacy. Please refer to www.artforalz.us/privacy for information on how your personal information is collected, used and disclosed.
7. Limitation of Liability
The Art For Alzheimer’s Site and the Content are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. In no event shall Art For Alzheimer’s, or any AFA Party be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Art For Alzheimer’s has been advised of the possibility of such loss or damages.
8. Disclaimer
Art For Alzheimer’s makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on the Art For Alzheimer’s Site. The Art For Alzheimer’s Site may contain links to other websites. Art For Alzheimer’s cannot and does not guarantee the accuracy of information found at any linked site.
9. Notification of Copyright Infringement
a. Art For Alzheimer’s respects the intellectual property rights of others and has established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”). Notices should be submitted to Art For Alzheimer’s copyright Agent:
DMCA Officer
ART FOR ALZHEIMER'S
6 East 69th Street
New York, NY 10021
P: (917) 414-3743
info@artforalz.us
b. To be effective, the notice should include:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Art For Alzheimer’s to locate the material on the Art For Alzheimer’s Site;
iv. Information reasonably sufficient to permit Art For Alzheimer’s to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Violation of Agreement
a. Art For Alzheimer’s reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Art For Alzheimer’s Site, or report misuses to law enforcement.
b. Art For Alzheimer’s operates the Art For Alzheimer’s Site and reserves the right to change the Agreement at any time and from time to time without notice. The failure of Art For Alzheimer’s to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
11. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Art For Alzheimer’s Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Art For Alzheimer’s Site may be subject to prosecution.
12. Jurisdiction and Venue
This Site is controlled and operated by Art For Alzheimer’s from its offices within the United States of America. Any claim relating to the Art For Alzheimer’s Site shall be governed by the internal substantive laws of the State of New York. You and Art For Alzheimer’s agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you against Art For Alzheimer’s arising out of, in connection with or related to your use of the Art For Alzheimer’s Site or the Agreement must be filed by you within one (1) year after such claim or cause of action arose.
13. Questions and contact information
For questions regarding Art For Alzheimer’s or the Agreement, please contact Art For Alzheimer’s at: Art For Alzheimer’s, 6 East 69th Street, New York, NY 10021; or info@artforalz.us
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