Effective Date: AUGUST___, 2020
Welcome to The Artistic Fuel Foundation. We are a nonprofit organization dedicated to:
Promoting the development and display of, and furthering knowledge about, the traditionally recognized “seven arts” of architecture, sculpture, painting, literature, music, performing, and film, as well as all other forms of artistic expression, however titled or categorized, including, for example, works commonly labeled as “crafts”;
Promoting education about and in the arts;
Encouraging and assisting individuals to explore their artistic abilities, interests, and talents;
Providing a platform on which individuals may display their artistic abilities and creations;
Donating funds to other tax-exempt organizations having goals and objectives similar or complementary to ours; and
Acquiring, by lease, purchase, donation or otherwise, real property for the primary purpose of developing a place for the education about and the display and performance of the arts.
In these Terms, we are referred to sometimes as “we,” “our,” or “us,” and sometimes as the “Foundation.”
By using, visiting, browsing, or otherwise accessing THE website or USING Our Services you accept and agree to these terms. If you do not agree to all of these Terms, including the mandatory binding arbitration provisions and class action waiver in section 12, do not access THE website or USE OUR Services.
SECTION 1. OUR SERVICES; LICENSE; EXCLUSIVE RIGHTS
1.1 Our Services. “Our Services” means the Website and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages, and other materials, products, services, and technology owned by the Foundation or any of its aﬃliates, licensors, partners, or end-users and made available to you by the Foundation. Some or all of Our Services may not be available in your location, may vary among locations, and may not be appropriate or available for use in any or all locations. In our sole discretion, but without any obligation to do so, we may provide upgrades, updates, and maintenance of and support for Our Services.
1.2 License. Subject to these Terms, we are pleased to grant to you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use Our Services solely for your personal, non-commercial use. You agree not to access or use Our Services through any interface other than the one we provide specifically for that purpose. Without prior written permission from us, which we do not have to give, no other use is permitted. Your permission to access and use Our Services is, and at all times will be, contingent upon your complying with these Terms.
1.3 Our Exclusive Rights. We, and our aﬃliates, licensors, and partners, exclusively own and hold all rights, title, and interest in and to Our Services, including any and all intellectual property, proprietary rights and derivatives, revisions, enhancements, modiﬁcations, and condensations of Our Services. You understand and agree that you do not have, and you will not receive or otherwise acquire, any ownership or other rights in Our Services other than the right to access and use Our Services in accordance with and subject to these Terms. You also agree that you will not directly or indirectly contest our ownership of Our Services.
SECTION 2. PAID SUBSCRIPTION
2.1 Paid Subscription. We may in the future oﬀer a paid subscription service that will provide you with certain benefits, opportunities, and services in addition to those available to users of our free service. We will notify you by email when the paid subscription service is available. It is therefore important that we have your current email address.
SECTION 3. YOUR OBLIGATIONS
3.1 Your Information. You agree to (a) provide accurate, current, and complete information about you (“Your Information”) in your Foundation account and on Our Services on any registration form we request; (b) maintain the security of your password and user name; (c) maintain and promptly update Your Information and any other information you provide to us and keep it accurate, current, and complete; (d) comply with these Terms and all applicable laws, rules, regulations, and governmental orders; and (e) accept all risks of unauthorized access to Your Information. You have sole responsibility for the adequate protection and backup of data and for the equipment, hardware, software, infrastructure, internet connections, technology, and other services you use to access or connect with Our Services. You are responsible for all activities that occur using your password, username, or Foundation account, regardless of whether those activities are undertaken by you or someone else.
3.2 Your Responsibility. You are entirely and exclusively responsible for all information you upload, display on, post to, or otherwise transmit by or through Our Services. You agree not to upload, post, or otherwise transmit by or through Our Services any information that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, oﬀensive, harassing, or otherwise objectionable to us or other users of Our Services; (b) is fraudulent, false, or misleading, including, for example, asking for money under false pretenses, impersonating someone else, or manipulating Our Services to affect rankings, ratings, or comments; (c) includes unauthorized disclosure of personal information or violates any law, rule, regulation, or governmental order; (d) violates or infringes upon anyone’s intellectual property, publicity, or other rights; (e) is tortious; or (f) contains software viruses, malware, 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. We reserve the right, without notice to you, to edit or remove any information that contains third-party commercial advertisements or, in our judgment, violates any provision of this Section 3.2.
3.3 Prohibited Use of Our Services. You agree not to use Our Services to (a) transmit spam or bulk or unsolicited email, postings, contact requests, text messages, or instant messages; (b) engage in any activity that exploits, harms, or threatens to harm children; (c) pretend to be the Foundation or someone else; (d) spoof the Foundation’s or someone else’s identity; (e) forge headers or otherwise manipulate identiﬁers (including URLs) in order to disguise the origin of any content; (f) misrepresent your aﬃliation with a person or entity; (g) disrupt Our Services or otherwise act in a manner that negatively aﬀects anyone else’s ability to use Our Services; (h) engage in activities that would violate any ﬁduciary relationship; any applicable local, state, national, or international law; or any regulation or governmental order having the force of law; (i) compromise, or attempt to compromise, the security of any networked account or site, operate an illegal lottery or gambling operation, or stalk or make threats of harm; (j) collect, store, or provide to us any personal data about any other user of Our Services unless expressly authorized in writing by both that other user and us; or (k) engage in any activity that violates the privacy of others.
SECTION 4. CONTENT
4.1 Your Content.
(a) Any and all content, ratings, feedback, preferences, or other information or services (“Your Content”) you provide to us remains solely yours. We do not, and will not, own any of Your Content. We are not responsible for Your Content; you are.
(b) Our Services may allow you to store or share Your Content or receive material from others. When you share Your Content with other people, you understand they may be able to use, save, record, reformat, reproduce, broadcast, transmit, share, or display Your Content without compensating you. If you do not want others to have that ability, do not use Our Services to share Your Content. You represent and warrant to us that you have, and for so long as you are a subscriber to Our Services or have a Foundation account will have, all the rights necessary for Your Content that is uploaded, stored, or shared on or through Our Services, and that the collection, use, and retention of Your Content will not violate any law or rights of others. We are not responsible for material others upload, store, or share using Our Services.
4.2 Third-Party Content. You may ﬁnd third-party content or links to third-party internet sites or resources on Our Services. We are not, and will not be, responsible for activities of third parties or the availability of any third-party content, links, or external sites or resources, and we do not endorse, and will not be responsible for, any content, advertising, products, or other materials available from third parties or on their sites or resources. We are not, and will not be, directly or indirectly liable for any actual or alleged damage or loss caused by or in connection with your use of or reliance on third-party content.
SECTION 5. INDEMNITY
5.1 Indemnity. You agree to indemnify, defend, and hold harmless the Foundation and its subsidiaries, aﬃliates, licensors, members, managers, employees, partners, and suppliers, and their respective shareholders, oﬃcers, directors, members, managers, agents, licensors, suppliers, customers, alliance members, partners, employees, and representatives, from any and all claims made or brought by any third party, including lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, and demands, and all costs and expenses, including reasonable attorneys’ fees and court and arbitration fees and expenses, directly or indirectly caused by, relating to, or arising out of (a) Your Information, Your Content, or any other information or materials you provide to us; (b) your access to or use of Our Services; (c) your violation of these Terms; or (d) your violation of the rights of others.
SECTION 6. CHANGE OF TERMS; TERMINATION OF OUR SERVICES
6.1 Our Right to Change Terms. We may make changes to these Terms periodically. If we make material changes, which means changes that could have an important impact or effect on you, we will post those changes to the Website and update the “Effective Date” these Terms. We may, but are not obligated to, also notify you of changes by sending an email notification of changed Terms to the email address associated with your user account. Therefore, it is important that you keep your account information, including your email address, up to date. A material change to these Terms will be automatically effective 30 days after the changes are first posted to the Website or, for users who register or otherwise provide opt-in consent during the 30-day period, at the time of registration or consent, respectively. Your continued access to the Website or use of Our Services after a change becomes effective confirms your acceptance of the change. If you are dissatisfied with any change to these Terms, your only remedy is to stop accessing the Website and using Our Services.
6.2 Our Right to terminate Our Services. If you violate any of these Terms, we have the right to immediately terminate your right to access the Website and use Our Services without prior notice to you. We will not be liable to you or any third party for any deletion, modiﬁcation, limitation, suspension, or termination of any or all of Our Services, or any related information or ﬁles, or any loss of related information.
SECTION 7. ADVERTISEMENTS AND PROMOTIONS
7.1 Advertising. We may run advertisements and promotions on Our Services, including on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than the Foundation you find on or through Our Services are solely between you and the advertiser or other company. We will not be responsible for any loss or damage of any type you or anyone else suffers or incurs as the result of any such dealings or as the result of the presence of advertisements or promotions, or links to advertisements or promotions, on Our Services.
SECTION 8. INTELLECTUAL PROPERTY RIGHTS
8.1 No Reproduction or Unauthorized Use of Our Services. Except as expressly authorized in writing by us, you must not reproduce, link to (by hyperlink or otherwise), modify, rent, copy, lease, loan, license, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display, or create derivative works of any or all of Our Services by any means. You must not, for example, publish any of Our Services, or the link to any of Our Services, on any internet, intranet, or extranet site or incorporate any of Our Services in any product, database, compilation, archive, or cache. You must not modify, decompile, or reverse engineer any software we disclose to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership. You must not attempt to circumvent any content protection mechanism or digital rights management system.
8.2 Foundation Trademarks.
(a) “Foundation Trademarks” means all names, marks, brands, logos, colors, designs, trade dress, slogans, and other designations we use in connection with Our Services. You agree to comply with all Foundation Trademarks usage requirements that are in eﬀect at any time and from time to time. You must not use, remove, or alter any Foundation Trademarks or co-brand your own products or material with Foundation Trademarks without our prior written consent, which we do not have to give.
(b) You acknowledge our rights in Foundation Trademarks and agree that any use of Foundation Trademarks by you must benefit only us. You agree not to incorporate any Foundation Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations for use on or in connection with computer or internet-related products, services, or technologies.
8.3 Intellectual Property Rights of Others. We are committed to respecting the intellectual property rights of others, and we require our users to do the same. If you believe your work has been copied in a way that constitutes a copyright infringement of Our Services, please contact our Copyright Agent at email@example.com.
8.4 Reservation of Rights. Except as expressly provided in these Terms, we do not grant you a license or any other rights of any type with respect to Our Services or any other product, content, or technology or under any patents, know-how, copyrights, trade secrets, trademarks, or other intellectual property owned or controlled by us or any related party, and no such right or license, express or implied, is, or will be, granted to you by operation of law. Nothing in these Terms is intended, or should be construed, to be a waiver or release of your past, present, or future obligations to acquire those rights or licenses only from us.
SECTION 9. DISCLAIMER OF WARRANTIES
9.1 No Representation or Warranty by the Foundation; Your Assumption of Risk.
(a) Your access to and use of Our Services is solely at your risk unless otherwise expressly stated in these Terms. You understand and agree that Our Services are provided “as is” and “as available” without express or implied warranty or condition of any kind. We make no representations as to, and we disclaim all warranties or conditions of, merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement.
(b) You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We make no warranty or representation that (i) Our Services will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (ii) any results that may be obtained from the use of Our Services will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free, or reliable; (iii) the quality of the services, content, information, products, or other material purchased or obtained from or through Our Services will meet your expectations or requirements; or (iv) any errors or defects in Our Services will be corrected.
(c) You assume all risk for damage to your computer system or property and for loss of data that results from your use of Our Services, including damage or loss caused by changes to Our Services or resulting from malware, viruses, or other harmful components.
SECTION 10. LIMITATION OF LIABILITY
10.1 Limitation of Liability; Application of Local Law.
(a) In no event will the Foundation, or its officers, members, directors, employees, affiliates, successors, assigns, or licensors, be liable for (i) any indirect, special, incidental, punitive, consequential, or exemplary damages; (ii) any loss of use, business, data, or profits, whether direct or indirect, arising out of the use of, or inability to use, Our Services, any devices, third-party applications, or third-party application content, regardless of legal theory, even if we have been warned of, or reasonably could have foreseen, the possibility of those damages, and even if a remedy fails of its essential purpose; (iii) the cost to procure substitute goods and services as a result of any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from Our Services; or (iv) statements or conduct of any third party, including unauthorized access to or alteration of transmissions or content, malicious or criminal behavior, or false or fraudulent transactions.
(b) To the extent that the applicable laws of a jurisdiction do not allow the exclusion or limitation of direct, incidental, or consequential damages; or the exclusion or limitation of statutory rights or damages for fraudulent misrepresentation, portions of the above limitations or exclusions may not apply, but only to the extent that an exclusion or a limitation is not allowed by applicable law.
SECTION 12. DISPUTE RESOLUTION; Binding Arbitration; Class Action Waiver
12.1 Dispute Resolution. By using Our Services, you agree that if there is any controversy, claim, action, or dispute arising out of or related to your access to or use of Our Services, or the breach, enforcement, interpretation, or validity of these Terms, or any part of them, other than disputes related to or involving our intellectual property (a “Dispute”), you and we will first try in good faith to settle the Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven days in which to respond to or settle the Dispute.
Our address for notice of Dispute is:
The Artistic Fuel Foundation, Inc.
215 Depot Court, S.E.
Leesburg, VA 20175
You understand and agree that this Dispute resolution procedure is a condition precedent that must be satisfied before either you or we may initiate litigation or file a claim against the other party.
12.2 Binding Arbitration.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE DISPUTE WILL BE DECIDED SOLELY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS; RIGHTS OF DISCOVERY AND APPEAL WILL BE MORE LIMITED THAN THEY WOULD BE IN A COURT; AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, or enforceability of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of Disputes related to or involving our intellectual property.
It is important you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against us, then, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. And if the arbitrator rules in our favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration, unless the arbitrator finds that you acted in bad faith or committed fraud, in which case, we have the right to ask the arbitrator to award us our attorneys’ fees and costs.
Any arbitration between you and us will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Procedures then in force (the “AAA Rules”) and will take place before a single arbitrator in Loudoun County, Virginia. The provisions of these Terms will govern to the extent they conflict with the AAA Rules. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org.
There will be an in-person hearing before the arbitrator. If, however, the claim is for $25,000 or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator finds good cause to hold an in-person hearing instead.
12.3 Class Action Waiver. It is also important you understand and agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we agree otherwise, which we do not have to do, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of the limitations of this Section 12 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
12.4 Confidentiality. All documents and information disclosed in the course of the arbitration must be kept strictly confidential by the recipient and not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s award, and must not be disclosed except in strict confidence to persons who have a need to know or as required by applicable law.
12.5 Enforceability. If the arbitration provisions of these Terms are invalidated in whole or in part, you and we agree that the exclusive jurisdiction and venue described in Section 13.3 will govern any claim in court arising out of or related to a Dispute. If any part of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, this Section 12 will be unenforceable in its entirety. The provisions of this Section 12 will survive cancellation of your Foundation account.
12.6 Limitation on Time to bring a Claim. To help resolve any issues between you and us promptly, you and we agree to bring any claim arising out of or relating to these Terms, our relationship, or your access to the Website or use of Our Services within one year after the claim arises; otherwise, the claim is permanently barred. This limitation applies regardless of the venue in which the claim is or could otherwise be asserted.
This Arbitration Agreement applies only to users in the United States.
SECTION 13. MISCELLANEOUS MATTERS
13.1 Entire Agreement; Modification; No Assignment.
(a) These Terms express the entire agreement between you and us relating to your use of and access to Our Services, and completely replace all prior understandings and agreements between you and us regarding your use of and access to Our Services. Furthermore, the express provisions of these Terms supersede any course of performance or usage of trade that may be inconsistent with any of those express provisions.
(b) You may not assign or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, which we do not have to give. Any assignment you make, or attempt to make, without our prior written consent will be void and unenforceable.
13.2 Equitable Relief. You acknowledge and agree that any material breach of Section 3.3 or Section 8, will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to other rights and remedies that may be available to us under these Terms or at law, we will be entitled to equitable relief, including a preliminary or permanent injunction and specific performance. You waive any requirement for the posting of a bond or other security by us if we seek an injunction.
13.3 Controlling Law. The laws of the Commonwealth of Virginia and the United States of America govern these Terms, without regard to choice or conflicts of law principles, and the Federal Arbitration Act governs all provisions of these Terms relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Loudoun County, Virginia, for all Disputes that are not subject to mandatory arbitration under Section 12 or are otherwise eligible to be adjudicated in a court.
13.4 Export Laws. You must comply with all domestic and international export laws and regulations that apply to Our Services, which include restrictions on destinations, end users, and end use.
13.5 Survival of Terms. Sections 5.1, 8, 10 and 12 will survive the cancellation of your Foundation account.
13.6 Non-Exercise; Invalidity. Any express waiver of or failure to exercise promptly any right or remedy provided in these Terms, at law, or in equity will not create a continuing waiver or any expectation of non-enforcement. All of these Terms apply to the maximum extent permitted by relevant law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be removed from these Terms as though that provision did not exist, and its removal will not affect the validity and enforceability of the remaining provisions.
13.7 Interpretation. Section titles used in these Terms are for reference purposes only and will not be considered in any interpretation of these Terms. Pronouns used in these Terms are intended to refer to and include the appropriate number and gender, as the identity of the parties or the sense of the context may require. Cross references in these Terms to “Sections” are references to the sections of these Terms and not any other document. As used in these Terms, “including” means “including, but not limited to,” or “including, without limitation,” is for example only and is not intended to be restrictive.
13.8 English Language. This English language version of these Terms governs your relationship with us, and any translation of these Terms, or any of its provisions, into another language will not be binding on us.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, The Artistic Fuel Foundation experience will be better for all users. If you have any questions or comments about these Terms, please contact us at firstname.lastname@example.org., S.E.