Terms & Conditions
Asian American Arts Alliance - Terms of Service
Effective Date: November 18, 2019
The Asian American Arts Alliance, Inc. (“A4”, “We” or “Us”) is an organization that is dedicated to strengthening Asian American artists and arts and cultural groups in New York City through resource sharing, promotion and community building. Our website, including all subdomains or related sites owned by Us, collectively with all Content (defined below), technology platforms, services, products or software found on or in such sites, is referred to as the “Website” or the “Site”. As used in these Terms of Service, the term “A4” may include our affiliates, contractors, suppliers, service or technology providers, licensors, partners, designees and agents (collectively, “Partners”) as applicable given the context of the provision.
The Website is offered only to users 18 years of age or older. If you are under 18 years old, please do not use the Website. Any person who uses this Website or provides their personal information through the Website represents to Us that they are 18 years of age or older. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in the Agreement.
- About the Site; License
The Website contains a range of materials, media, publications, information, data and other content relating to A4 and our mission and goals (the “Content”). Content includes (i) any work of authorship on the Website, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through the Website. Content includes materials developed by Us and by third parties, including user submitted Content. Content posted by users and other third parties is not reviewed or verified by Us and We are not responsible for the substance or accuracy of such Content.
This Website is for your personal use only. A4 grants you a limited, non-exclusive, non-assignable and non-transferable license to use the Website for your personal purposes only, and solely on terms consistent with this Agreement. Unless you obtain the prior written permission of A4, such grant does not include any right to resell or commercially use the Website or any portion thereof. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, trade secret or other proprietary right of A4 or any third party. Except as otherwise expressly provided, you may not collect, modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained in the Website, or any software, data, products or services obtained from or available as part of or in conjunction with this Website. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of the Website or its Content. You may not transfer to or store any Content residing or exchanged over the Website in any electronic network for use by more than one user unless you obtain prior written permission from A4.
Any unauthorized use of or access to our Website is prohibited and will terminate any permission or license granted herein to use the Website.
- Your Content and Licenses to Your Content and Website Data
All Content that you submit, transmit, or upload to the Website or is otherwise submitted, transmitted, or uploaded through your profile (collectively, “Your Content”) must be your own original work or you must have the appropriate permissions or licenses from the owner of the work to submit such Content. Your Content must comply with the terms of this Agreement.
We do not claim any ownership rights in Your Content or any data collected from you on the Website (including registration information, profile data, answers to Website profile questions) (collectively, “Website Data”). However, you hereby grant A4 and our Partners, a nonexclusive, worldwide, royalty-free, paid-up, perpetual, irrevocable and transferable right and license to use, access, store, cache, copy, publicly perform, publicly display, distribute (through multiple tiers of distributors), adapt, translate, edit, sublicense (through multiple tiers of sublicensees), create derivative works from, promote, and otherwise exploit Your Content and Website Data; in any medium and any manner We choose and for whatever purposes (including commercial purposes), and to use your display name to attribute your postings to you if We so choose. Without limiting the foregoing, you hereby provide A4 and our Partners with permission to collect Website Data from you and general information about your use of the Website.
You are solely responsible for Your Content and Website Data. You are responsible for making sure that you have all rights in Your Content and Website Data necessary for you to grant the foregoing licenses to Your Content and Website Data. You understand that whether or not Your Content is published or marked private by you, neither A4 nor our Partners guarantee you any confidentiality or privacy with respect to any of Your Content or Website Data, which you expressly agree should be considered made public as soon as it is uploaded.
Additionally, you understand and agree that Your Content and Website Data that are displayed on the Website may continue to appear on the Website, even after you have terminated your account.
You acknowledge that A4 and our Partners and their designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content on the Website in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
- License Restrictions
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
• Run, rent, lease, loan, or, sell access to, the Website.
• Decompile or reverse engineer or attempt to access the source code of the software underlying the Website except to the extent required by applicable law.
• Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate any Content on, or a part of, the Website.
• Access the Website to build a product using similar ideas, features, functions, interface or graphics of the Website.
• Access (or attempt to access) the Website by any means other than as permitted in this Agreement.
• Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
• Access the Website to upload Your Content to cause a breach of security to the Website or interfere with the proper working of the Website or prevent others from using the Website.
• Delete the copyright and other proprietary rights notices on the Website.
- Trademarks and Legal Notices
Our trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Website (“A4 Marks”) are the trademarks of A4 or our Partners and may not be used without permission. We are not granting you a license under any intellectual property right to the A4 Marks. Other trademarks, logos, and trade names that may appear on the Website are the property of their respective owners.
- Third Party Content and Hyperlinks to Third Party Sites
The Website may contain features and functionalities that allow access to third party Content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that A4 and our Partners will not be responsible.
Additionally, Content from other Website users, third parties, or advertisers, including information about third party products and services and any third party applications, may be made available to you through the Website (collectively “Third Party Content”). The inclusion of Third Party Content on the Website does not imply our affiliation or endorsement of such Third Party Content. Because We do not control Third Party Content, you agree that We are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and A4 does not have any obligation to monitor such Third Party Content.
Notwithstanding the foregoing, A4 or its Partners reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on the Website) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Website you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Website at your own risk.
AdditionallyA4 or its Partners or designees may provide hyperlinks on the Website, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Website and the inclusion of any link on the Website does not imply A4’s or our Partner’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. A4 expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Website. ACCESS AND USE OF THIRD PARTY CONTENT AND THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
- Representations and Warranties.
You represent and warrant to A4 and our Partners, that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Website; (b) you have the right to grant to A4 the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content; © Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, “bots” of any description, or other computer programming routines that may potentially damage or interfere with the Website, or scrape, intercept or expropriate any Content, system data or personal information from the Website.
- Acceptable Use and Conduct
You are solely responsible for your conduct and Your Content on the Website. The use of the Website for unlawful or harmful activities is not allowed. We want to keep the Website safe and fun for everyone and you specifically agree that:
You will not post, e-mail or make available any Content to users or use the Website:
• in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights (including, without limitation, copyright);
• in a manner 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;
• to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, any applicable laws, regulations or generally-accepted advertising industry guidelines;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious, offensive, defamatory, likely to cause annoyance or needless anxiety, in breach of confidence, or is harmful to any person or entity, or invasive of another’s privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by A4;
• to impersonate an A4 employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Website without authorization;
• to interfere or attempt to interfere with the proper working of the Website or prevent others from using the Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website, or that otherwise negatively affects other persons’ ability to use the Website;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy any part of the Website or the Content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading e-mail or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website or to users; and
• in a manner that constitutes or contains any form of advertising or solicitation without permission.
Additionally, you agree not to:
• “Stalk” or otherwise harass anyone;
• Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any user of the Website or to proxy authentication credentials for any user of the Website for the purposes of automating logins to the Website;
• Use any profanity or the description or name of any illegal activity in the user name;
• Post any Content containing child pornography to the Website. A4 prohibits such posting and will additionally report any suspected instances of child pornography, including reporting any Website Data, to appropriate law enforcement agencies, including the National Center for Missing and Exploited Children;
• Post any Content that A4 determines in its sole discretion depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
• Post any Content that A4 determines in its sole discretion constitutes pornography, contains nudity or obscenity, or is adult in nature.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what We mean by “well-behaved”;
• Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Website;
• Attempt to gain unauthorized access to A4’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
• Use the Website as a generic file hosting service; and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Website.
You agree not to authorize or encourage any third party to use the Website to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Us in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
- A4’s Relationship with Users
You acknowledge that either A4 or our Partners may terminate your profile and remove your Content and other Website Data, as well as disable your access to the Website at any time, for violations of the Agreement without notice and without any liability to you. In addition, you acknowledge and consent to A4 contacting you in order to maintain compliance with this Agreement.
- Your User Profile
You need to register and create a user profile (“profile”) in order to post opportunities and events on the Website. You are responsible for keeping your account credentials and password secure. You agree to provide A4 with current, complete and accurate information as prompted by the registration process and at anytime at which it might change. You agree that A4 may, in its sole discretion, decline to create a profile for you after receiving and reviewing the information you submit during the registration process. You agree to promptly update all information to keep your profile information current, complete and accurate (such as noting a change to your address or e-mail). You will be solely responsible and liable for any activity that occurs under your profile credentials. We reserve the right to log off or deactivate user profiles that are inactive for an extended period of time.
You may not use anyone else’s user profile at any time, without the permission of the profile holder. You should never give out your password to another individual or entity and you are responsible for safeguarding your password. A4 will not be liable for any loss that you may incur as a result of someone else using your account credentials or password, either with or without your knowledge. However, you may be held liable for losses incurred by A4 or another party due to someone else using your account credentials or password.
- Donations - Making Purchases
- Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RESPONSIBILITY AND RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. A4 AND ITS PARTNERS EXPRESSLY DISCLAIM (I) ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT, (II) ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A4 OR ITS PARTNERS, OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
A4 or its Partners reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of A4. A4 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Your Interactions with Other Users
Your interactions with other users and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user. As with any web-based interaction, We suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any user), We are under no obligation to become involved.
You hereby release A4 and its Partners, and its and their officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are not a California resident, you waive any applicable state statutes, or laws under the jurisdiction in which you are located, of a similar effect.
- Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL A4, OR ITS PARTNERS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF A4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE WEBSITE; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE WEBSITE (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF $100.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN A4 AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- Changes to the Website
A4 reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Website or any part thereof, including adding new features to any portion of the Website, with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Website or the Website as a whole.
The Website is owned by A4 and portions thereof by our Partners. All content and graphics on this Site are copyrights of A4 and the related logos are trademarks and registered trademarks of A4. Other products and company names mentioned herein may be the trademarks or trade names of their respective owners. All copyrighted and copyrightable materials on this Site, including, without limitation, the A4 logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright ©2019 Asian American Arts Alliance, and/or its licensors. Except as stated in this Agreement or an incorporated agreement, the Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of A4 or the respective copyright owner.
You may not use, frame, or use framing techniques to enclose, any A4 trademark, logo, Content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any web page or form contained on a web page) without our express written consent. Further, you may not use any metatags or any other “hidden text” utilizing an A4 name, trademark, or product name without our express written consent.
- Term and Termination
The Agreement shall remain in full force and effect unless and until your user profile is terminated as provided herein. You may terminate your profile and end your use of the Website at any time and for no reason by contacting Us as set forth on the Website.
We retain the right (at our sole discretion) for any reason to (i) delete, disable or deactivate your user profile, block your e-mail or IP address, or otherwise terminate your access to or use of the Website, (ii) remove and discard any Content anywhere on the Website or (iii) shut down the Website, with or without notice, and with no liability of any kind to you.
Upon deactivating your user profile, you will no longer have a right to access your profile or Your Content. We will not have any obligation to assist you in migrating your data or Your Content from the Website and We have no obligation to keep any back-up of any of Your Content or Your Website Data, though We may in our sole discretion. However the following sections shall survive the termination of these Terms of Service, 1-7, 11-16, 18-24.
- Governing Law and Venue
This Agreement shall be governed by the laws of the State of New York without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You agree to submit to the personal and exclusive jurisdiction of the Federal District Court for the Southern District of New York (or in the absence of jurisdiction thereof, the courts of the State of New York located in the Borough of Manhattan) in connection with any action, suit or other proceeding arising out of this Agreement or any action taken or omitted hereunder, and You now waive any claim of forum non-conveniens and any objections as to laying of venue.
- Relationship of the Parties
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that We have no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
- Intellectual Property Rights of Third Parties; DMCA
We respect the intellectual property rights of others and request that our visitors do the same. It is A4’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We may remove any allegedly infringing Content without any liability to you.
Pursuant to Section 512© of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the Website.
If you think your work has been copied in a manner that constitutes copyright infringement, you may notify Us at:
Asian American Arts Alliance
20 Jay St., Suite 740, Brooklyn, NY 11201
The notification must include ALL of the following:
A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
A description of the copyrighted work you claim has been infringed;
A description of where the material you claim is infringing is located on this Web Site;
Your name, address, telephone number, email address and all other information reasonably sufficient to permit A4’s copyright agent to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that content has been taken down improperly from the Website or that access to material on the Website was improperly disabled, you may send a counter-notification to the A4 copyright agent identified above. Such counter-notification must contain the following information:
Your physical or electronic signature, or that of an authorized representative;
A description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;
A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which A4 may be found, and (ii) you will accept service of process from the claimant who provided A4’s designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.
You hereby agree that if Your Content is removed from the Website due to a violation of this Agreement, including in response to any valid DMCA or E-Commerce Directive take-down notice or because such Content contains illegal images, A4 shall have the right to use and reproduce Your Content in any manner without restriction, including but not limited to in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of A4, any user or other individual, or the general public.
We will promptly terminate without notice any User’s access to the Website where a user is a “repeat infringer” of copyrights. Generally, We will consider a user a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content posted by that user anywhere on the site. We reserve the right to identify and terminate the use of the Website by users under any circumstances We deem appropriate, including after only a single instance of allegedly infringing behavior by any user.
The failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect to the extent consistent with the invalidity of the provision.
We may assign or delegate any of our rights and obligations under this Agreement without your consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of our related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.
The Agreement constitutes the entire agreement between you and A4 and governs your use of the Website, superseding any prior agreements (whether written or oral) between you and A4 regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.
The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
We may provide you with notices, including those regarding changes to these Terms and Conditions or any of the Agreement, by e-mail, regular mail, or postings on the Website. Notice will be deemed given twenty-four (24) hours after such e-mail is sent or notice is posted. Notices not pertaining to any amendments to this Agreement or any of the functionality of the Website are deemed given two (2) days following the initial posting.
If you access the Site from a location outside the U.S., you may be subject to additional requirements from your jurisdiction. You are responsible for complying with the laws of all jurisdictions applicable to your use of the Site.
Your affirmative act of using any of the Site constitutes your electronic signature to this Agreement and your consent to enter into agreements with Us electronically. You also agree that We may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to Us, or (2) by posting the Notice through the Site. The delivery of any Notice from Us is effective when sent by Us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Site. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on the Site. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
You acknowledge that the provisions of this Agreement are intended to inure to the benefit of our Partners. If you breach this Agreement, the applicable Partner will be entitled to enforce this Agreement directly against you, whether in the licensor’s name or our name.
- Contacting Us
You may contact Us by e-mail at: firstname.lastname@example.org. We are located at: 20 Jay Street, Suite 740, Brooklyn, NY, 11201.