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Terms of Use
1. General
These Terms of Use ("Terms of Use") set forth herein apply to the ArtistPensionTrust.org web site (the "Web Site") owned, operated, licensed, or controlled by the Artist Pension Trust ("APT" or, "We/Us/Our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
By using this Web Site you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Web Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to these Terms of Use will mean you accept those changes.
2. Restrictions on use of Content and Materials
Unless otherwise noted, all content and materials of this Web-Site, including, but not limited to, the overall design, company logos, text, displays, images, illustrations, designs, icons, photographs, video clips, audio, flash and Macromedia movies, are proprietary to APT and are protected by copyrights laws, trademarks laws and/or other intellectual properties laws. No material or content from this Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. ARTIST PENSION TRUST logo, ARTIST PENSION TRUSTTM, MUTUAL ART logo, MUTUAL ARTTM are trademarks of MUTUAL ART, INC. Other company or product names are the trademarks or registered trademarks of their respective holders.
3. Linking to the Web Site
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Web Site on another web site, provided that (a) the link must be a text-only link clearly marked "aptglobal.org Home Page" or "aptglobal.org", (b) the link must "point" to the URL "http://www.aptglobal.org" and not to other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, (e) the link, when activated by a user, must display the Web Site full-screen and not within a "frame" on the linking web site, and (f) We reserve the right to revoke its consent to the link at any time in its sole discretion.
4. OUR PRIVACY STATEMENT
It is our policy to respect the privacy of all guests and users. Any collection and processing of personal information on this Web-Site is subject to our Privacy Statement. Please carefully read the Privacy Policy before using this site.
5. RESTRICTED SECTIONS
Access to some areas on this Web Site is restricted to users authorized in advance by us, in accordance with our policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable. You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. We shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify us of any unauthorized use of your user ID and password.
6. DISCLAIMER
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEB SITE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE WEB SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED ANY AMOUNTS PAID BY YOU DIRECTLY TO US. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US.
8. No Endorsement.
Any reference made by this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than of MUTUAL ART INC. by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation or favoring by us. Content on this Web Site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of us.
To the extent that this Web Site contains links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
9. Interactive Areas.
You may be permitted to access and use interactive areas of the Web-Site, such as, but no limited to, forums, conferences, links index, announcements, resources, mailing lists, personalized and/or customized Site pages, news, conferences, letters to the editors, letters to area directors, webmaster(s) or employees, or e-mail function offered as part of this Web-Site or any other related Web-Site, and other forms of group electronic communications through the Web-Site ("Interactive Areas").
If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) constitute charity solicitations, chain letters or pyramid schemes; (5) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (6) does not generally pertain to the designated topic or theme of the Web-Site. You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Web-Site or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Web-Site, other accounts, computer systems or networks connected to the Web-Site, through password mining or any other means; or (g) interfere with another of the web-Site user?s use and enjoyment of the Web-Site.
We do not, and are not responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our members of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on the Web-Site, regardless of whether such material violates these standards for content. We shall have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
The Interactive Areas shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users and/or members of this Web-Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
By uploading materials of any kind to any Interactive Area or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, translate, transmit, publicly display and publicly perform, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in those materials have been waived.
10. Copyright Infringement Policy
We are committed to protecting the rights of copyright rightholders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we will undertake appropriate steps against copyright repeat offenders. We will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the "DMCA"). Upon receipt of notices complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
11. Right to Shut Down, Deny or Limit Access
We reserve the right to limit or revoke your access to this Web Site in its sole discretion, at any time, and for any reason, including, but not limited to any violation of these Terms of Use or in the event of Web Site corruption or other technical difficulties.
12. Termination.
These Terms of Use are effective until terminated by either party or modified by us. You may terminate these Terms of Use at any time by destroying all materials obtained from this Web site and all related documentation and all copies thereof, whether made under these Terms of Use or otherwise. These Terms of Use will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must destroy all materials obtained from this Web Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.
13. Governing Law and Miscellaneous.
These terms shall be governed by and construed in accordance with the laws of the state of New York. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in a court of competent jurisdiction within the state of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein. We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
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