Friends of Art Works for Kids -- Terms of Use

Terms of Use

FRIENDS OF ART WORKS FOR KIDS
Website Terms Of Use.

Acceptance Of Terms Of Use Of This Website.

Friends of Art Works for Kids, Inc. ("Friends of Art Works for Kids") makes this Friends of Art Works for Kids Web site (the "Site"), including all information, documents, text, and graphics on the Site (collectively, the "Site Materials") as well as all grant applications, employment openings and applications, software, collaborations, participations, promotions, activities, products, and services offered and/or operated by Friends of Art Works for Kids and/or third parties through the Site (collectively, the "Activities"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Friends of Art Works for Kids may publish from time to time (collectively, the "Terms of Use").

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, INQUIRING ABOUT OR APPLYING FOR GRANTS OR EMPLOYMENT, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE ACTIVITIES DISPLAYED AND/OR OFFERED ON OR THROUGH THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY AGREE TO AND ARE BOUND BY THE TERMS OF USE.

Friends of Art Works for Kids reserves the right to change the Terms of Use and other Friends of Art Works for Kids guidelines and policies (including but not limited to the Friends of Art Works for Kids Privacy Policy) posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site's home page. Your continued use of the Site, inquiries relating to or applying for a grant or employment with the Friends of Art Works for Kids, or any Activities accessible through it, constitutes your acceptance of the changes, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the "Terms of Use" link on Friends of Art Works for Kids home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site shall automatically terminate, and any Site Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed and, in certain cases (described in these Terms of Use), you may also be required to immediately stop using Friends of Art Works for Kids’ Products and/or Services.

Also, please be aware that certain Activities available on or through this Site may be available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement or who have established a live, dynamic file with Friends of Art Works for Kids (the "Subscribers") or persons invited by Friends of Art Works for Kids to evaluate such Activities, or who have requested the right to perform such an evaluation.

Intellectual Property; Limited License To Users

This Site, and the Site Materials and Activities available through, advertised, or offered through or on this Site, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Activities available through, advertised, or offered through or on this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Friends of Art Works for Kids and its licensors and suppliers do not grant but expressly hereby disclaim any express or implied rights to license or use the Site Materials and/or Activities. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or Activities, except as expressly authorized herein.

Use of Services.

When accessing, purchasing or using any Activities on or through this Site that are offered by Friends of Art Works for Kids, or when inquiring about or applying for a grant or employment with Friends of Art Works for Kids, you shall be subject to any agreements or licenses applicable to such Activities, terms and conditions of employment, and the Terms of Use. Such agreements or licenses may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the agreements or licenses and these Terms of Use shall apply.

In addition to the employment descriptions, applications, job openings, and Activities offered by or through Friends of Art Works for Kids, this Site may also advertise, offer, or make available information, Activities provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate agreements or licenses with such Third Parties that accompany such Activities. Friends of Art Works for Kids offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Activities, including any liability resulting from incompatibility between the Third Party Services and the Activities accessible through or made available by Friends of Art Works for Kids. You agree that you will not hold Friends of Art Works for Kids responsible or liable with respect to the Third Party Services or seek to do so.

Use of Software, Products, and Services.

The Activities, and accompanying documentation that may be made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of Friends of Art Works for Kids and/or its licensors and/or suppliers. Use of any of the Activities, and accompanying documentation, is governed by the terms of an agreement or license that accompanies or is included with such Activities or Site Materials. You will not be able to download or install any Site Materials or software that is accompanied by or includes a license agreement, and you will not be able to use or access any of the Activities, unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use or access the Activities or software. Absent a license agreement that accompanies the software, Product, or Services, use of the software, Products, or Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of any software and Products available on this Site, and that you will not decompile or reverse engineer any of the Activities.

Use of Friends of Art Works for Kids’ Content and Third Party Content.

Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Friends of Art Works for Kids’ Content and any Third Party Content available on this Site subject to the following conditions:

Friends of Art Works for Kids’ Content and Third Party Content may be used solely for informational purposes.

Friends of Art Works for Kids’ Content and Third Party Content may not be modified or altered in any way.

Friends of Art Works for Kids’ Content and Third Party Content on the Site may not be distributed, sold, rented, leased, or licensed to others.

You may not remove any copyright or other proprietary notices contained in Friends of Art Works for Kids’ Content and Third Party Content.

Friends of Art Works for Kids reserves the right to revoke the authorization to view, download, use, and/or print Friends of Art Works for Kids Content and Third Party Content available on this Site at any time.

Any rights granted to you by Friends of Art Works for Kids constitute a license and not a transfer of title.

Important Exceptions: Various sections of the Site such as, by way of example only, demonstrations which show the use and/or utilization of Friends of Art Works for Kids Activities and Site Materials in the movie production industry, or showcase the work of creative professionals, presently used belong or prospectively to be used may belong to their creators, may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, or print these works unless there is a notice associated with the work expressly permitting downloading, use, and/or printing.

The rights specified above - i.e., the right to view, download, and print Friends of Art Works for Kids Content and Third Party Content available on or through this Site -- are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark Information

The trademarks, logos, and service marks ("Marks") displayed on or through this Site are the property of Friends of Art Works for Kids, their respective affiliated entities, or third parties. You are not permitted to use the Marks without the prior written consent of Friends of Art Works for Kids, the applicable affiliated entity, or such third party that owns the Marks. The Friends of Art Works for Kids logo is the trademark of Friends of Art Works for Kids.
Use Of Information Submitted To Apply Or Inquire About Employment With Friends of Art Works for Kids .

You agree that Friends of Art Works for Kids’ use or access of the information, materials, and content you provide to Friends of Art Works for Kids in conjunction with inquiring about or applying for a grant or employment with Friends of Art Works for Kids is governed by the Friends of Art Works for Kids’ Privacy Policy.

Therefore, you agree to review that policy.

Any provision in the Privacy Policy notwithstanding, you may submit only information, materials, and content to Friends of Art Works for Kids in conjunction with applying or inquiring about a grant or employment with Friends of Art Works for Kids that is (i) owned by you, (ii) submitted with the express permission of the owner or within the scope of the license to such content, and/or (iii) in the public domain. Any provision in the Privacy Policy notwithstanding, you are prohibited from submitting or transmitting information, materials, and content to Friends of Art Works for Kids in conjunction with an grant or employment inquiry or application which is unlawful, fraudulent, threatening, harassing, libelous, offensive, defamatory, obscene, or which constitutes pornographic materials or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, public policy and rights of privacy and publicity. Violation of these restrictions may result in immediate denial of, or limitations on, access by you to this Site or denial of employment. You agree to indemnify and hold Friends of Art Works for Kids harmless from and against any such violation of yours.

User Conduct

In using the Site, including all Activities available through it or inquiring about or applying about a grant or employment, you agree:

not to disrupt or interfere with any other user's use or enjoyment of the Site or affiliated or linked sites;

not to upload or otherwise transmit through the Site any viruses, worms, or other harmful, disruptive, or destructive files;

not to create a false identity;

not to use or attempt to use another's account, password, services, or systems;

not to attempt to transmit any content which you are not authorized to transmit; and

not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Activities, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing Content And Communications

Although it is not our intention to do so, Friends of Art Works for Kids reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Friends of Art Works for Kids reserve the right to delete or remove your content if any applicable subscription or license has expired or lapsed, any employment position you inquired about or applied for is no longer available, or if Friends of Art Works for Kids have a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Friends of Art Works for Kids or others.
Friends of Art Works for Kids may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, including but not limited to areas where employment information pertaining to Friends of Art Works for Kids is available; and (ii) the substance of any content.
To the maximum extent permitted by law, Friends of Art Works for Kids will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Friends of Art Works for Kids also disclaims all liability with respect to the misuse, use, loss, modification, destruction, or unavailability of any of your content.

Use And Protection Of Personal Information

You are responsible for maintaining the confidentiality of your name and other information personal to you where and when applicable to the Site. You are responsible for damages resulting from all uses of your name and personal information, whether actually or expressly authorized by you.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE FRIENDS OF ART WORKS FOR KIDS, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES WHICH MAY ACCESSIBLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO ANY AND ALL GRANT OR EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE FRIENDS OF ART WORKS FOR KIDS DOES NOT MAKE ANY WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES AND/OR ANY EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS AND/OR ANY EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE AND/OR ANY EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE ACTIVITIES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. FRIENDS OF ART WORKS FOR KIDS MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY ACTIVITIES LISTED HEREIN AND/OR ANY GRANT OR EMPLOYMENT OFFER, DESCRIPTION, AND APPLICATION, AT ANY TIME WITHOUT NOTICE. FURTHER, THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE AND/OR ANY GRANT OR EMPLOYMENT OFFER, DESCRIPTION, AND APPLICATION, MAY BE OUT OF DATE, AND FRIENDS OF ART WORKS FOR KIDS MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, ACTIVITIES, AND/OR ANY GRANT OR EMPLOYMENT OFFER, DESCRIPTION, AND APPLICATION, YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) FRIENDS OF ART WORKS FOR KIDS DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii)

FRIENDS OF ART WORKS FOR KIDS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) FRIENDS OF ART WORKS FOR KIDS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.

THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, ACTIVITIES AND/OR ANY GRANT OR EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. THE FRIENDS OF ART WORKS FOR KIDS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDS OF ART WORKS FOR KIDS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE YOU FIRST ACCESS THIS SITE.

Personal Information And Privacy

To learn about whether or how Friends of Art Works for Kids protects your personal information, you agree to read Friends of Art Works for Kids’ Online Privacy Policy on the Friends of Art Works for Kids home page. Except as set forth in the Privacy Policy or in the Terms of Use, any non-personal information or material sent or e-mailed to Friends of Art Works for Kids will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Friends of Art Works for Kids or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY

IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FRIENDS OF ART WORKS FOR KIDS, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, MANAGERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FRIENDS OF ART WORKS FOR KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, ANY EMPLOYMENT OFFERS, DESCRIPTIONS, AND APPLICATIONS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

International Users

This Site can be accessed from countries around the world and may contain references to Friends of Art Works for Kids’ Activities or Site Materials, or grants, promotions or employment that is not available in your country. These references do not imply that Friends of Art Works for Kids intends to announce or provide such Activities, Site Materials, grants, promotions or employment in your country.
The Site is controlled, operated, and administered by Friends of Art Works for Kids from its offices within the United States of America. Friends of Art Works for Kids make no representation that the Site, or the Site Materials, Activities, grant or employment offers, descriptions, or applications, appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, Services, employment offers, descriptions, or applications are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, including but not limited to the Export Control Laws discussed below.

Export Control Laws; Notice To U.S. Government Users

The export and re-export of Friends of Art Works for Kids’ Site Materials and Activities are controlled by the United States Export Administration Regulations, and such Site Materials and Activities may not be exported or re-exported to any country to which the United States embargoes goods. In addition, Friends of Art Works for Kids’ Site Materials and Activities may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By using, installing, and/or downloading any Friends of Art Works for Kids Product or Service you are certifying that, no matter where you currently reside, you are not a national or resident of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Some activities are commercial in nature. The software and documentation, if any, available on or through this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

INDEMNITY AND LIABILITY

You agree to indemnify and hold the Friends of Art Works for Kids, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, agents, employees, managers, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees and damages of any kind, made by any third party due to or arising out of content you submit to Friends of Art Works for Kids and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any of your employees or agents in conjunction with the Sites, or your violation of any rights of another person or entity or any and all laws and regulations applicable to this Terms of Use, and/or your use of Friends of Art Works for Kids’ Activities, grant and/or employment offers, descriptions, or applications.
Governing Law And Jurisdiction

This Site (excluding linked sites) is controlled by Friends of Art Works for Kids from its offices within the State of Utah, United States of America. By accessing this Site, you and Friends of Art Works for Kids agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Utah, USA, without regard to the conflicts of laws principles thereof. You and Friends of Art Works for Kids also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah, USA.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General

The Terms of Use and the Privacy Policy, other guidelines, policies, licenses, and disclaimers posted on or through the Site constitute the entire agreement between Friends of Art Works for Kids and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Friends of Art Works for Kids to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.