Terms of Service

Last updated on May 1, 2024

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND THE NEVADA COUNTY ARTS COUNCIL (“OUR,” “US,” “WE”), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICES, INCLUDING OUR WEBSITE [https://www.nevadacountyarts.org] AND ONLINE SERVICES OFFERED US, TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, THE “SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT OR ARE UNABLE TO ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

When we refer to the “use” of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. These terms and conditions, together with any other terms of use applicable to other websites owned or controlled by us, and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.

1. ACCESS TO THE SERVICE

Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, works of authorship, applications, surveys, or any other materials (collectively, “Content”) under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access any Content. Use of and access to some Content may be subject to additional fees and/or restrictions. Certain areas and functions of the Service may also require registration.

2. [RESERVED]

3. ACCEPTING THE TERMS OF SERVICE AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

4. PRIVACY POLICY

We take your privacy seriously and operates under the policies and principles outlined in its Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Service.

5. SERVICE OPERATION

We will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside of our control may, from time to time, result in temporary Service interruptions. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. YOU AGREE WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY OF THE DIRECT OR INDIRECT CONSEQUENCES OF ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OF OR INTERRUPTION TO THE SERVICE. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU VIA THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

6. GUIDELINES

By using the Service, you agree you will not attempt to, or encourage or assist any other person to, circumvent or modify any content protection methods.

You may not use or allow others to use the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with the Service. You also may not use, nor allow others to use, the Service, directly or indirectly, for the following: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any Content posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.

You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree not to use the Service for any commercial uses unless you obtain our prior written approval. Such commercial uses include without limitation (1) the sale of access to the Service; and (2) the sale of advertising, sponsorships, or promotions placed on or within the Service.

7. THIRD PARTY CONTENT PROVIDERS

In some cases, we derive our rights to use the Content offered on the Service from third party content owners (“Content Providers”) for fixed periods of time. As well, we are sometimes required to pull certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by us may not be available when you try to access it, and not all Content is available in all countries or territories. Although we make every effort to ensure the accuracy of all Content Providers’ information, we make no warranty as to the accuracy of any such information.

8. E-DELIVERY

By using the Service, sending us emails, and completing online forms, etc., you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You also confirm that you have the ability, necessary equipment, and software to access and view any documents or notices we send you. You are entitled to withdraw your consent to electronic delivery at any time by emailing us at info@nevadacountyarts.org. Should you withdraw your electronic delivery consent, you are entitled to receive a paper copy of all required notices and documents. Some notices and documents which we are not required to provide you will not be sent to you should you withdraw your consent to electronic delivery. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

9. INTELLECTUAL PROPERTY RIGHTS

The logos and other trademarks on the Service are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by us and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

The Content available through the Service is our sole and exclusive property or that of our Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only.

You acknowledge we retain exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and we reserve all rights not expressly granted hereunder.

You may not do the following:

·       Frame or mirror any part of the Service without our express prior written consent.

·       Create a database by systematically downloading and storing all or any Content.

·       Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software.

·       Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Service, without our express prior written consent.

·       Bypass any measures we may use to prevent or restrict access to the Service.

·       Utilize the Service for any machine learning purposes or in connection with any artificial intelligence program, software, or service.

You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Service or any Content or our patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, we may in our sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.

10. COPYRIGHT POLICY

We respect the intellectual property rights of others. If you believe that any of the Content on the Service violates your intellectual property rights (copyright, trademark, patent, trade dress, etc.), please send us a message at info@nevadacountyarts.org.

11. REGISTRATION

Registered Users

The Service is an online platform used for connecting with other users. Registered users may have the ability to interact with the Service and other users. Registered users may also have the ability to contribute to the Service.

We may request registration information from you before you may access certain areas of the Service. You must be at least 13 years of age to Register with the Service and 18 years of age (or an emancipated minor) to register for any portion of the Service that requires payment. You will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a username and password, you may not reveal it to anyone else. You may not use anyone else’s username and/or password or allow anyone else to use your username and password to access the Service. You are responsible for maintaining the confidentiality of your accounts, username, and passwords, and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your username and/or password, your disclosure of your username and/or password, or your authorization to allow another person to access and use the Service using your username and/or password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your username, password or account or any other breach of security. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your submissions and/or posts from the Service, deny you access to the Service, or any combination of these options.

Paid Membership.

Some parts of the Service allow registered users to submit payment for things such as entry fees, membership fees, and donations

A valid credit card will be needed for payment, and all credit card payments will be processed through a third party payment processor (i.e. Stripe, etc.) (the “Processor”), which is subject to change from time-to-time. You will be directed to the Processor’s platform in order to process payment and provide the Processor with your payment information. You agree to comply with the terms of any user agreement or other policy of the Processor (More on “Third Party Links,” below).

Questions about payment may be sent to us at info@nevadacountyarts.org.

12. USER GENERATED CONTENT

User Generated Content (Defined)

The Service features many interactive features allowing registered users to, among other things, chat, contribute, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Service, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material or post links to third party content on areas of the Service accessible and viewable by other registered users of the Service, the general public, and possibly through third-party websites (“User Generated Content”).

Representations and Warranties

You represent and agree all User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances required to submit and post any User Generated Content. Without limiting the foregoing, you warrant and represent the User Generated Content you post to the Service:

·       is not false, inaccurate, or misleading.

·       is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

·       is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

·       does not ridicule, mock, disparage, intimidate, or abuse anyone.

·       is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

·       does not violate the privacy or publicity rights of any third party.

·       does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

·       does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

·       does not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

Any use of the Services in violation of the foregoing is a breach of this Agreement and may result in, among other things, termination, or suspension of your rights to use the Service.

License

By submitting or posting any User Generated Content on, through or in connection with the Service, you hereby grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your User Generated Content (including, without limitation, your image, name, voice, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels now known or in the future invented. You further agree to a waiver of any “moral rights,” or any similar rights to any User Generated Content under any jurisdiction. You retain any rights that you may have in your User Generated Content submitted or posted on through or in connection with the Service, subject to the limited license herein.

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Service ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Any Submission that is publicly posted shall also be treated as a User Generate Content.

Removal and Non-Use

We reserve the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability. Although we have no obligation to monitor any User Generated Content, we shall have the right to remove or edit any User Generated Content at any time without notice if in our reasonable opinion we consider such User Generated Content harmful or in breach of these Legal Terms. If we remove or edit any such User Generated Content, we may also suspend or disable your account and report you to the authorities.

13. LINKS TO OTHER SITES

The Service may contain links and pointers to other sites on the Internet that may be maintained by third parties (“Other Sites”). If you use the links to access these Other Sites, you will leave the Service and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Service. We may not have knowledge of, and is not responsible for, the content, information, websites, products, or advertisements presented by any Other Site which you use at your own risk. We do not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, websites, or products presented by Other Sites. The links to Other Sites do not constitute an endorsement by us of any Other Site(s) or resources, or their content, information, services, or products. The Service is only providing these links to you as a convenience. The terms of service and privacy policy of any Other Sites shall apply to your access and use of them. We accept no responsibility for the content or conduct of Other Sites

Please note that with regard to any content made available on or through the Service which contains or displays a third-party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; we do not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Service via a third-party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact us by sending us a notice.

As the Service may be integrated with the YouTube Data API. You can find a copy of the YouTube terms of services here.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, OUR WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING WITHOUT LIMITATION HIPPA OR THE GRAMM-LEACH-BLILEY ACT OF 1999. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD), REGARDLESS OF THE THEORY UPON WHICH SUCH LIABILITY IS BASED, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.

16. INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (1) your breach of, or failure to comply with, the terms and conditions of this Agreement; (2) your use of the Service; (3) your beach of and representation or warranty contained in this Agreement; and/or (4) the use of the Service by any other person using your username, password and/or account. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

17. CHOICE OF LAW AND CONSENT TO JURISDICTION

The Service is created, operated, and controlled by us in the State of California, United States of America. The laws of the State of California will govern this Agreement without giving effect to any principles or conflicts of laws. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Some of the Service is only intended for persons in those states and jurisdictions where such products and services may legally be offered. Accordingly, the Service shall not be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY LAW.

18. DISCLAIMERS & DISCLOSURES

The Service may include inaccuracies or typographical errors. We reserve the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that we are not responsible for any User Generated Content posted by users of the Service.

Advice received via the Service should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. You acknowledge any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. Prior to making any decisions based on information posted on the Service, you are advised to verify the information, independently. We shall not have any liability arising from your acts or decisions based upon the information provided on the Service.

When it comes to buying products or services when using the internet, it is recommended that you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, the Service.

Unless we have stated otherwise, you should always assume that when products or services are made reference to as part of the Service, they are made because there exists a material connection between us and the providers of the products and services displayed. It should be noted that this is not always the case.

Where extracts have been displayed from third party sources or content has been generated and posted by a third-party source (i.e., Content Providers, User Generated Content, etc.), these are in no way indicative of any kind of verifiable result, opinion, recommendation or otherwise. You are strongly cautioned to conduct your own due diligence prior to relying on such sources.

You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that we shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that we do not guarantee their accuracy. If you are a consumer in the EEA (European Economic Area), we do not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

19. OTHER IMPORTANT PROVISIONS

(a) Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 19.

(b) You shall not use the Service in any manner contrary to local, state, or federal law. We expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state, or federal law.

(c) Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

(d) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

(e) No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

(f) You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.

(g) This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

(h) Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

(i) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. TERMINATION

This Agreement shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may terminate this Agreement by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, if applicable.

21. CHANGES OR MODIFICATIONS

We reserve the right to add, delete, change, or modify the Service or any parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Agreement on this page and will indicate the effective date of the Agreement at the top of the page. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made. Your continued use of the Service constitutes your acceptance of any new terms and conditions.

22. CONTACT INFORMATION

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Nevada County Arts Council

100 N. Pine St.

Nevada City, CA 95959

info@nevadacountyarts.org