Hermann Arts Council Web site Terms of Use
These terms of use (“Terms of Use”) govern your use of this website HermannARTS.com (“Website”). In these Terms of Use, Hermann Arts Council is referred to as the “Organization.”
By using this Website and its services you will be bound by these Terms of Use and the Organization’s privacy policy which can be found at http://HermannARTS.com/privacy-policy (“Privacy Policy”). If you do not agree to these Terms of Use and/or the Privacy Policy you must not use this Website or any service provided via it. Use of the Organization’s Website and Services (as defined below) is expressly conditioned upon your assent to all the terms of use of this agreement, to the exclusion of all other terms.
Introduction:
Welcome to the Hermann Arts Council. These terms of use apply to the services available from and related to the domain of the Website (together with the Website, the “Services”).
For as long as the Organization continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Organization allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms of Use. The Organization may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms of use of this Agreement as modified.
Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
Your Use of this Website:
You must not use this Website for anything that is unlawful or is prohibited by these Terms of Use and/or any notices elsewhere on this Website.
The Organization advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Organization be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
When using this Website, you must not do any of the following:
defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
impersonate any person or entity, including without limitation any employee or representative of Organization;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
falsify the origin or source of software or other material contained in a file that is uploaded;
advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You represent and warrant to Organization that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
If you link to the Website, Organization may revoke your right to so link at any time, at Organization’s sole discretion. Organization reserves the right to require prior written consent before linking to the Website.
You will indemnify and hold Organization, affiliates, officers, and members harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms of Use, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Registration:
You will need to register to become a member of this Website (“Member”) if you wish to access the Services via this Website.
To register to become a Member you must provide the Organization with information about you via the Organization’s registration forms. The Organization’s use of this information is set out in the Organization’s Privacy Policy which can be found at http://HermannARTS.com/privacy-policy.
You must provide true, accurate, current and complete information about yourself when completing the registration forms. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Organization has the right to cancel your membership and refuse any and all current or future use of this Website.
Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Organization.
You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to policies@HermannARTS.com as soon as you are aware of such use and the Organization will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.
The Organization may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.
The Organization reserves the right to cancel your user name and password without notice if the Organization becomes aware of any breach of these Terms of Use by you.
Once the Organization has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your membership at any time.
Dealings with Third Parties:
The Organization is not an agent of any third party or any party named or linked to this Website (“Third Parties”) and does not have any authority to act for such Third Parties. The Organization does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
You agree that (to the maximum extent permitted by applicable law) the Organization (and our officers, directors and members) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website.
Intellectual Property:
You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by the Organization, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You acknowledge and agree that you are permitted to review, print and make one copy for your personal use of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
We do not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant to Organization a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services, subject to the Organization’s Privacy Policy which can be found at http://HermannARTS.com/privacy-policy.
Termination:
Without prejudice to any remedy that the Organization may have against you, the Organization may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:
It reasonably believes that you have breached any of these Terms of Use;
It is unable to verify the accuracy or validity of any information provided by you;
Or it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms of Use, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
Warranty Disclaimer & Limitation of Liability:
Organization has no special relationship with or fiduciary duty to you. You acknowledge that Organization has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Organization from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ORGANIZATION OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Amendment to these Terms of Use:
The Organization reserves the right to amend and alter these Terms of Use and any Content or information contained on the Website at any time. In the event these Terms and Conditions are altered the Organization will post the amended Terms of Use on this Website. Changes will apply from the date of posting.
If after the Terms of Use and/or the Privacy Policy http://HermannARTS.com/privacy-privacy/ have been amended or altered you do not agree to their terms, you must stop using this Website.
General:
Whilst the Organization will try to provide you with uninterrupted access to this Website and its Services, The Organization may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Organization has a legal, technical or other good reason to do so (including technical difficulties experienced by the Organization or any Internet infrastructure). However, The Organization will try, wherever possible, to give reasonable notice of the Organization’s intention to do so.
The Organization reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Organization to be contrary to these Terms of Use. The Organization has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
If the Organization fails to exercise or enforce a right under the Terms of Use that failure shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of Missouri.
These Terms of Use set out the Organization’s entire agreement and understanding with respect to the subject matter of these Terms of Use and supersedes all representations, communications and prior agreements (written or oral).
Each party acknowledges that on entering into these Terms of Use, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Use or not) except those expressly set out in these Terms of Use.
Unless expressly provided in the Terms of Use no term of them is enforceable by any person who is not a party to it.
You must report any violations of these Terms of Use to policies@HermannARTS.com.
Hermann Arts Council
1902 Jefferson Street, Hermann, MO 65041
Ph: 573-486-5400
Effective Date: April 22, 2015