Terms of Service
The following Terms of Service ("Terms") constitute a legal agreement between New York Foundation for the Arts (“us”) and you that governs your use of our services and website (collectively referred to as the "Services"). Please read them carefully. You understand and agree that our Services are provided to you exclusively under these Terms. By using our Services, you are stating that you have read and understand the Terms and that you agree to be bound by them. We reserve the right to terminate your use or access to our Services at any time for any reason, including if we learn that you have provided false or misleading information or have violated these Terms.
Description of the Services
Artspire.org is the website for the Fiscal Sponsorship program of the New York Foundation for the Arts. The website will allow Fiscally Sponsored Artists to disseminate information about their projects to the general public and allow members of the public to make tax-deductible contributions. The website will also provide artists with financial information about their projects via a password-protected dashboard.
Changes to these Terms
Please check the Terms periodically to inform yourself of any changes. Although we reserve the right to modify or supplement these Terms, we will seek to provide notice to you on this site of any major changes for at least 30 days following the change. Any continued use of the Services after a change to the Terms constitutes your acceptance of the new Terms.
Changes to our Services
We may at any time modify or cease to provide our Services (or any part thereof), either temporarily or permanently, with or without prior notice to you.
Use of the Services
When you sign up to access or receive the Services, you may be asked to create a password protected account. If one is created, you are solely responsible for the security of your password.
Privacy Policy
From time to time we may request information from you. All uses of such personal information will be in accordance with our Privacy Policy, which is incorporated and made part of these Terms.
Your Conduct
You agree that you will NOT use the Services to: (a) stalk, harass or harm another individual; (b) pretend to be anyone, or any entity, you are not, or (c) violate any local, state, national or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
Access to Your Account
We may access or disclose information concerning your account as may be required by governmental or regulatory entities in response to inquiries in connection with investigations or to comply with applicable law, rules, regulations, orders, subpoenas, or other legal processes. We may also access or disclose information concerning your account if we determine that disclosure is necessary or appropriate for purposes of national security, law enforcement, or other issues of public importance, or if we determine that access or disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Your Content
You are solely responsible for content you provide to us to be published on our website ("Your Content"), and we act as a passive conduit for the distribution and publication of Your Content. We do not claim any ownership rights in or to Your Content. However, we reserve the right to remove Your Content if we believe Your Content may create liability for us or for any other reasonable purpose. You represent and warrant that Your Content (a) does not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control; (c) is not defamatory or trade libelous; (d) is not pornographic or obscene; (e) does not violate any laws regarding unfair competition, anti-discrimination or false advertising; and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free right, sublicensable through multiple tiers of sublicensees, to exercise all copyright rights with respect to Your Content in any media now known or not currently known. The foregoing does not apply to content contained on hyperlinked pages or any other content you do not submit to us.
Trademark Information
Certain of the names, logos, and other materials displayed on our website and in connection with our Services constitute trademarks, tradenames, service marks or logos ("Marks") registered by us or by other third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other third parties.
Copyrights and Restrictions on Use
The content of our Services ("Our Content"), including without limitation, text, databases, software, code, music, sound, photos, and graphics, is copyrighted by us and/or our licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
License to use the Services
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services solely in accordance with these Terms, as they may be amended from time to time. You may not use our Services for any other purpose. You may not (and may not permit anyone else to) copy, sublicense, translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works of our Services or any part thereof. This license shall terminate when your use of the Services are terminated for whatever reason.
Termination
You agree that we, in our sole discretion, may terminate your use of the Services without prior notice, if you are terminated from the Fiscal Sponsorship program or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO OUR SERVICES. You may discontinue your participation in and access to the Services at any time. Any fees paid by you for the Services prior to your termination are nonrefundable. Upon termination, you will no longer be able to access our Services or your account.
Links
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES OR ANY LOCATION INFORMATION REPORT IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES . WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING HEREUNDER IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Exclusion and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
Indemnity
You agree to defend, indemnify and hold us, our affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) your access to or use of the Services; (b) any violation by you of any of the provisions these Terms; or (c) your violation of any rights of any other person or entity. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
Governing Law
These Terms and our relationship between you and us shall be governed by the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York by New York residents, notwithstanding your or our actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts located in New York, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous
The Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.