YoungArts National Foundation for Advancement In The Arts Website Access and Usage Terms and Conditions
PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN WAIVERS, CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.
UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN THE ARBITRATION TERMS PROVIDED IN SECTION VII BELOW, AND EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN SECTION VII BELOW, YOU AGREE THAT ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND YOUNGARTS OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THESE TERMS AND/OR YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES EXCLUSIVELY IN MIAMI, FLORIDA, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST YOUNGARTS OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
These Terms constitute a binding legal agreement between you and National Foundation for Advancement in the Arts, Inc. and/or its affiliates (collectively, “YoungArts,” “we” or “us”). We may modify the Terms as well as discontinue, withdraw, replace or change any content or services offered via the Site and may modify these Terms at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
You acknowledge and agree that these Terms are supported by good and valuable consideration that includes, without limitation, your use of the Site and the electronic acceptance of these Terms has the same force and effect as if you physically signed the Terms.
I. USE OF SITE
The Site offers information, content and services designed to assist and provide support to young artists, including information regarding access to funding, mentorship, professional development and creative opportunities in identifying and pursuing opportunities for employment and/or utilization of their artistic talent, as well as interacting with us and with other artists. The Site also provides information regarding YoungArts competitions and other events, how to apply for artist grants, awards and other funding as well as how to make donations.
YoungArts may remove, modify or otherwise discontinue providing any content or services via the Site at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without YoungArts’ prior written consent.
You agree that you will only access and use the Site and the services, content and/or other resources provided via the Site that you have been authorized to access. You may not share your user identification and password (“Credentials”) to access the Site, and you understand and agree that the access rights and your Credentials are personal and are only granted to the specific individual accepting these Terms. You agree to (a) maintain the security of your Credentials; (b) not sell, transfer or assign your Credentials; (c) not register nor use any Credentials for group purposes or as a role account; and (d) accept sole responsibility for all activities that occur under your Credentials, whether or not you have authorized the activity. We reserve the right to block your access to and use of the Site without notice in the event of a violation of these Terms. As a condition of your use of the Site, you represent, warrant and covenant to YoungArts that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:
· Use a robot, spider or other automated device, process or means to access the Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
· Send false or misleading information.
• Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is provided to or by you via the Site.
• Restrict or inhibit any other user from using and enjoying the Site.
• Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
• Violate any applicable laws or regulations.
YoungArts shall have no obligation to monitor the usage of the Site. However, YoungArts reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. YoungArts reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. YoungArts further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited.
II. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”), including, without limitation, sites for use in connection with Site. The Linked Sites and Framed Sites are not under YoungArts’ control and YoungArts is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. YoungArts is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any personal or payment information you provide to any such Linked Site or Framed Site in connection with any YoungArts Site or otherwise. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by YoungArts of the Linked Site or Framed Site or any association with or its operators.
III. INFORMATION PROVIDED TO THE SITE
By registering, posting, uploading, inputting or otherwise submitting your contact information or other information or content to the Site, you grant to YoungArts and its contractors and their respective affiliated companies permission to use such information in connection with the operation of the Site and marketing of the Site and/or services provided thereon to you, including, without limitation, including and displaying your information in the online YoungArts directory available via the Site for access and review by other Site users and contacting you and sending you emails and other communications. This includes, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information as part of marketing Site and/or services provided thereon. No compensation will be paid with respect to the use of such information. YoungArts is under no obligation to post or use any information you may provide and may remove any such information at any time in its sole discretion. Minors must have their parent or legal guardian upload information and content.
By posting, uploading, inputting, providing or submitting such information, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and that such information does not infringe or otherwise violate any third party intellectual property or other right. Always use caution when giving out any personally identifying information about yourself or your children via any website.
YoungArts does not control or endorse the content, messages or information found in any communication sent by you to the site or to you from any third party and, therefore, YoungArts specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized YoungArts spokespersons, and their views do not necessarily reflect those of YoungArts.
When you visit this Site or send e-mails to YoungArts, you are communicating with YoungArts electronically, and by doing so, you consent to receive communications from YoungArts electronically. YoungArts may communicate with you by email or by other means. You agree that all agreements, notices, disclosures and other communications that YoungArts provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that YoungArts may also disclose your personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. YoungArts reserves the right to disclose your personally identifiable information to its successors-in-interest or in connection with a merger or acquisition transaction, or change of control.
IV. PROHIBITION ON SENDING URGENT OR CONFIDENTIAL COMMUNICATIONS OR CONTENT TO OR VIA THE SITE
You shall not send or otherwise cause to be delivered to or via the Site any communications or content that is confidential or that is urgent and/or requires a timely response. Issues of a confidential nature or that require a timely response should not be submitted to or via the Site or via any other online portal or communications means to YoungArts, and YoungArts shall have no obligation or liability with respect to any such communications or content. You shall indemnify YoungArts from and against any claim, loss, expenses, damages or other liability of any kind arising from any such communications or content.
V. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information, and shall not allow any third party to use same.
YoungArts does not warrant the accuracy or completeness of the information, graphics, text, links, or other content contained on this Site, and is not responsible for any errors or omissions in the content of this Site or any of the services provided thereon. YoungArts shall have no liability for damages of any kind arising out of information on this Site. YoungArts does not ensure that this Site is free of viruses or other harmful components.
UNLESS EXPRESSLY STATED OTHERWISE, THE OPINIONS AND STATEMENTS EXPRESSED OR POSTED ON THE SITE BY OTHERS ARE NOT THOSE OF YOUNGARTS AND NO AGREEMENT WITH, ENDORSEMENT BY OR OTHER ASSOCIATION OF YOUNGARTS WITH SUCH OPINIONS AND/OR STATEMENTS EXISTS OR IS IMPLIED.
YOUNGARTS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT CONTAINED ON THE SITE OR ANY YOUNGARTS SERVICES, ALL OF WHICH ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOUNGARTS AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND SUCH CONTENT AND ANY AND ALL YOUNGARTS SERVICES, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL YOUNGARTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, OR WITH RESPECT TO ANY YOUNGARTS SERVICES OR THE UNAVAILABILITY OF OR ANY DELAY OR INABILITY TO USE THE SITE OR ANY OF SUCH CONTENT OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOUNGARTS OR ANY OF ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
YOUNGARTS RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON, AND IN ANY MANNER, WITHOUT PRIOR NOTIFICATION, AND YOUNGARTS WILL NOT BE LIABLE IN ANY WAY FOR ANY CONSEQUENCES OF SUCH ACTION.
VIi. INDEMNIFICATION; DISPUTE RESOLUTION; ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER; GENERAL
You agree to defend, hold harmless, release and indemnify YoungArts and its affiliates and licensors and its and their respective officers, directors, managers, employees, independent contractors and other representatives from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site or any content or relating to any services provided on or via this Site. You agree to and hereby release and hold YoungArts and its affiliates and licensors harmless from any claims relating to any action taken by YoungArts as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and entirely performed within Florida, without resort to its conflicts of law provisions or any other rule or interpretation that would result in the application of the laws of another jurisdiction. You hereby consent to personal jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida, U.S.A. with respect to actions brought by us arising out of or relating to the use of the Site other than those that are arbitrated in accordance with the terms provided below, and agree that any dispute or claim raised or made by you against YoungArts relating to the Site shall be subject to arbitration in said venue in accordance with the terms provided below.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION TERMS PROVIDED BELOW IN ACCORDANCE WITH THE OPT OUT SECTION BELOW.
You and YoungArts agree that these Terms affects interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.
The term “Dispute” means any dispute, claim or controversy between you and us or our officers, directors, employees or agents, that arises out of these Terms, or the use of the Site or any other claims between you and YoungArts, regardless of legal theory, and includes claims that accrued before the date you entered into these Terms as well as claims relating to the interpretation, validity, enforcement or scope of these terms and your agreement to arbitrate disputes contained in this section. The term “Dispute” is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are claims by us related to our intellectual property and claims by us for injunctive or other equitable relief as provided below.
Regardless of how, when or where you access the Site, by agreeing to these Terms, you agree to resolve any and all disputes with YoungArts as follows:
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach YoungArts by email at [email protected]. Except for intellectual property and claims and claims for injunctive or other equitable relief, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
Binding Arbitration. Unless you opt out of arbitration in accordance with the terms provided above, if we cannot resolve the Dispute with you within thirty (30) days of when we start informal Dispute resolution, then you and YoungArts agree that the Dispute shall be resolved exclusively by binding arbitration which may be begun by either you or YoungArts. The arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules then in effect except as modified by these Terms, and excluding any rules or procedures governing or permitting class or representative actions. Said rules are posted at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Opt-Out of Arbitration. You may opt out of the binding arbitration described in this section by sending YoungArts written notice that you are opting out of binding arbitration (an “Arbitration Opt-Out Notice”) by email at [email protected] or regular mail at National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137, within thirty (30) days following the date you first agree to these Terms. If you don’t provide YoungArts with an Arbitration Opt-Out Notice within such thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions noted in the “Exceptions” section below. Any Arbitration Opt-Out Notice received after such thirty (30) day period shall not be valid or enforceable.
In the event that you provide to YoungArts a timely Arbitration Opt-Out Notice or the arbitration terms of these Terms are held not to be applicable, then you and YoungArts agree that the exclusive jurisdiction and venue for any Dispute will be the state and/or federal courts located in Miami, Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts. In such event, you and YoungArts further waive the right to a jury trial.
Starting an Arbitration. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the American Arbitration Association (see www.adr.org for the applicable address, or for online filing); and (c) send one copy of the Demand for Arbitration to National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137 and a copy by email to [email protected].
You and YoungArts each understand that, absent the arbitration provision in this section, each has the right to sue in court and have a jury trial. You also acknowledge that unless you opt out of arbitration in accordance with the opt-out terms provided above, you are giving up the right to a jury trial and understand that the right to pre-trial discovery is more limited than many courts permit. The parties will either select one mutually acceptable arbitrator or, if the parties do not agree to a single arbitrator, each party shall select one arbitrator and the two arbitrators selected by the parties shall select a third arbitrator, and the arbitration shall be held before the three arbitrators and shall be decided by vote of the three arbitrators with a vote of the majority of the arbitrators required for a decision. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND YOUNGARTS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, THE SITE AND ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND YOUNGARTS EXCEPT FOR THE EXCEPTIONS SPECIFIED BELOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS PROVIDED HEREIN. UNLESS YOU PROVIDE AN ARBITRATION OPT-OUT NOTICE TO YOUNGARTS IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUNGARTS ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Location of Arbitration. You and YoungArts both agree that arbitration between YoungArts and you shall take place in Miami, Florida.
Class Action Waiver. You and YoungArts agree that any and all arbitrations shall be conducted in their individual capacities only and not as a class action or other representative action, and you and YoungArts expressly waive the right to file a class action or seek relief on a class basis or any other representative basis. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. YOU AND YOUNGARTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.
If any court or arbitrator determines that the arbitration, jury trial waiver or class action waiver provisions of these Terms are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Litigation of Intellectual Property and Small Claims Court Claims. YoungArts may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims for injunctive or other equitable relief in the state or federal courts located in Miami, Florida, and you consent to such venue and personal jurisdiction therein for any such proceedings and waive any claim, argument or defense that such courts constitute an improper or inconvenient venue for such proceedings. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Miami, Florida for disputes or claims within the scope of that court’s jurisdiction.
Survival. This arbitration and class action waiver section will not be affected by any termination of your use of the Site and will survive termination of the relationship between you and YoungArts.
You represent, warrant and covenant that you shall not use the Site or any services in any location or for any person or purpose that would violate U.S. export control laws or any other applicable laws. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and YoungArts as a result of your agreement with these Terms or use of the Site or any services. Unless otherwise specified herein, these Terms constitute the entire agreement between you and YoungArts with respect to the Site and the information provided via the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YoungArts with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
VIII. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact YoungArts via e-mail: [email protected]. When YoungArts becomes aware of an alleged violation of these Terms, YoungArts may initiate an investigation. Depending on the severity of the violation, YoungArts may, at its sole discretion, immediately restrict, suspend, or terminate your access to the Site and/or pursue other civil remedies. If such violation is a criminal offense, YoungArts will notify the appropriate law enforcement agency of such violation.
IX. COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise specified, all information and materials on the Site, including without limitation the text, graphics, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the content thereon are the intellectual property of YoungArts, its licensors and its suppliers. Copyright © 2021 National Foundation for Advancement In The Arts, Inc. and/or its affiliates or licensors. All rights reserved. Except as otherwise specified, none of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of YoungArts. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with YoungArts, its licensors or its suppliers, as the case may be.
NATIONAL YOUNGARTS FOUNDATION®, and YOUNGARTS® and YOUNGARTS POST® are registered trademark of YoungArts. All rights not expressly granted herein are reserved. No interest or right to use any YoungArts trademarks is acquired by using the Site or providing or receiving any content or services. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of YoungArts or its third party licensors, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
X. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to YoungArts’ Designated Agent specified below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
WHAT YOU MUST DO:
Written notification must be submitted to the following Designated Agent:
|Service Provider:||National Foundation for Advancement In The Arts, Inc. www.youngarts.org|
|Name of Agent Designated to Receive Notification of Claimed Infringement:|
|Full Address of Designated Agent to Which Notification Should be Sent:|
National YoungArts Foundation 2100 Biscayne Boulevard Miami, Florida 33137
|Telephone Number of Designated Agent:||305-377-1140|
|Email Address of Designated Agent:||[email protected]|
WHAT YOUR NOTIFICATION MUST INCLUDE:
To be effective, the notification must include the following:
1. Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
2. Identification of the copyrighted work(s) claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law;
5. A statement that the information in the notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WHAT WE WILL DO UPON RECEIPT OF PROPER WRITTEN NOTIFICATION:
Upon receipt of the written notification containing the information as outlined above:
1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
2. Service Provider shall forward the written notification to such alleged infringer; and
3. Service Provider shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
HOW THE ALLEGED INFRINGER CAN RESPOND TO US:
The alleged infringer can respond by submitting a written counter notification to the Service Provider’s Designated Agent.
WHAT THE COUNTER NOTIFICATION MUST INCLUDE:
To be effective, a counter notification from the alleged infringer must include the following:
1. The alleged infringer’s name, address, and telephone number;
2. A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which the Service Provider is located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
5. A physical or electronic signature of the alleged infringer.
WHAT WE WILL DO UPON RECEIPT OF PROPER COUNTER NOTIFICATION:
Upon receipt of a counter notification containing the information as outlined above:
1. Service Provider shall promptly provide the complaining party with a copy of the counter notification;
2. Service Provider shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Service Provider’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on Service Provider’s network or system.
XI. NOTICES; CONSENT TO EMAIL COMMUNICATION AND CALLS/TEXTS
Each party may give notice to the other party by written communication sent by certified first class mail, return receipt requested, or via hand delivery or overnight courier, if to you, at the address you provided in your registration information, and if to us to National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137 and a copy by email to [email protected], or such other address as the applicable party may specify by providing written notice in accordance herewith. Such notice shall be deemed to have been given upon the expiration of three (3) business days after mailing (if sent by first class mail), and upon delivery if sent by hand delivery or overnight courier. We may also provide notice to you by means of a general notice posted on the Site or via the Site user screens or by email to your email address on file with your user registration information, and such notice shall be effective as of when posted or emailed.
When you visit the Site, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on the Site.
You may correct or update your contact information by contacting us at [email protected] or by regular mail to National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137. Additionally, once you have created an account with us online, you may update your name, email address, phone number (if part of your account) and password by clicking signing in using your email address and password.
You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Site, or leaving a telephone message with an email address as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
You agree that we may call and send SMS text messages to you regarding the Site and monitor and record any telephone calls made or received by us for our purposes including quality assurance and to document your agreement to terms or actions. You also agree that we may send text messages to you regarding events and other informational messages. In order to access, view, and retain SMS text messages that we make available to you, you must have: (1) a SMS−capable mobile phone, (2) an active mobile phone account with a communication service provider; and (3) sufficient storage capacity on your mobile phone. All SMS text messages from us to you will be considered “in writing.” There is no service fee charged by YoungArts for SMS text messages but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Other charges may apply, such charges may include those from your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account settings. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state, or local law, regulation or ordinance. SMS text messages are provided for your convenience only. Receipt of each SMS text message may be delayed or impacted by factor(s) pertaining to your communications service provider(s). We will not be liable for losses or damages arising from any disclosure of account information to third parties, non−delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the SMS text messages sent by us. We may modify or terminate our SMS text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice. You agree and consent to be contacted by us and our agents and employees through the use of email, telephone and/or text or SMS messages to your cellular, home or work phone numbers as well as any other phone numbers you have including the use of automatic dialing systems, autodialers or artificial or pre-recordings.
Opt-Out. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY STOP FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF MARKETING CALLS OR CALLS TO A WIRELESS NUMBER, THEN YOU MAY MAKE A DO NOT CALL REQUEST EITHER DURING A CALL YOU RECEIVE FROM US OR BY CALLING BACK THE PHONE NUMBER PROVIDED DURING THE CALL. TO OPT OUT OF SUCH TEXTS OR PHONE CALLS, YOU MAY ALSO EMAIL US AT [email protected] WITH A REQUEST TO STOP RECEIVING SUCH TEXTS OR CALLS AT A SPECIFIED PHONE NUMBER. You understand and agree that you may: (i) continue to receive communications while we process your opt-out request, (ii) receive a communication confirming the receipt of your opt-out request, and (iii) after opting out of receiving marketing messages, continue to receive certain non-marketing communications by email or to a non-wireless number, such as confirmations or updates related to your account, or transactions through the Online Services. To unsubscribe from email newsletters and promotional messages, you may also contact us by postal mail as follows: National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137 or by email to [email protected]. Your withdrawal of consent will be effective only after we have a reasonable period of time to process your withdrawal. Please allow up to 5 days for our records to be updated.
XII. LEGAL EQUIVALENCY OF ELECTRONIC DOCUMENTS AND COMMUNICATIONS
This electronic document and any other electronic documents, electronic communications, clicks to agree to same that are incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents, and; (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
You further acknowledge and agree that your action when clicking to submit or to consent to or agree to any terms, conditions or transactions constitutes your contractually binding agreement to the terms, conditions and/or transactions for which you clicked to submit, consent or agree to equivalent to your having manually executed and delivered a written agreement for same.
Any services offered by YoungArts and use of the Site are void where prohibited by law. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions. The provision held to be unlawful, void or unenforceable shall be modified if possible to the extent necessary to become enforceable and the modified provision shall be deemed to form part of these Terms from inception without further action being required.
XIV. FORCE MAJEURE
We will not be liable for any failure or delay in our performance under these Terms or the provision of any services or any other obligation due to any cause beyond our reasonable control, including act of war, acts of God, earthquake, storms or other weather or natural events, embargo, riot, sabotage, terrorism, epidemic, pandemic, labor shortage or dispute or other industrial disturbances, systemic electrical, telecommunications network issues, or other utility failures, governmental act or failure of the Internet, provided that we: (i) give you prompt notice of such cause, and (ii) use our reasonable commercial efforts to correct promptly such failure or delay in performance.
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be valid unless given in writing signed by us or posted by us on the Site in an update to these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
XVI. CHANGES TO TERMS AND CONDITIONS AND POLICIES
We may modify these Terms at our sole discretion from time to time, and only we have the right to do so. If the Terms are changed, we will post the new Terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms. If any such change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
The terms of Sections III and VI-XIX shall survive termination or your use of the Site.
XVIII. CONTACT US; SITE ACCESSIBILITY
If you are experiencing technical difficulties using the Site, please contact us by postal mail as follows: National Foundation for Advancement In The Arts, Inc., 2100 Biscayne Boulevard, Miami, Florida 33137 or by email to [email protected]. YoungArts wants its Site to be accessible to the widest possible audience. We make every effort to be compliant with W3C accessibility guidelines. At present, this website can be read and navigated with text-only browsers.
ADA Accommodations at YoungArts
Youngarts strives to ensure that all of our spaces and events are accessible. We provide accessible seating for all performances and events. Sign-language interpretation services are available upon request with adequate notice.
If you are a person with a disability and are experiencing difficulty accessing materials on our website or if you have any questions about accessibility at YoungArts, please contact Natalie Padró-Smith at 305-377-1140, extension 1405.
Last updated: July 30, 2021
It is common practice and often a necessity for companies or other organizations to collect user identifiable information in order to conduct business and offer services.
If you use the Site, we may collect information that you provide to us when you become an authorized user of the Site or otherwise communicate with us. You may also choose to provide your name, email address and other information to us if you would like to apply for grants, awards or other funding or participate in one of our competitions or events, or to donate to YoungArts, or if you are interested in receiving additional information about YoungArts and our programs, events and services.
Additionally, when you use the Site, we may automatically collect certain information that is not user identifiable information, such as your IP address, pages viewed, the date, time and length of time spent on the Site, your computer and connection information such as your browser type and version, operating system and platform, and other transactions performed thereon. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
We store and use the foregoing information, in the aggregate only, to diagnose problems with our server, to improve and track the success of the Site and to provide content or services of interest to you. We may share the foregoing information with advertisers or other third parties, including our business partners, suppliers, and vendors, on an aggregated basis without revealing any user identifiable information. We do not provide user identifiable information to third parties for them to contact you to market their products or services to you or otherwise provide user identifiable information to third parties except as expressly provided below.
Our Internet service providers may also use other standard web-based technologies to analyze your movements while accessing the Site. The technologies include analytic solutions, web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our service campaigns and marketing programs; allow us to customize the services offered on or through the Site; and help determine the best use for content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider’s server logs, and may be available for extended periods of time.
Except as described herein or as needed for the YoungArts directory and other services, YoungArts will not sell, trade, or disclose to third parties any user identifiable information derived from registration on, or use of, the Site without the consent of the user (except as required by subpoena, search warrant, or other legal process or in the event that such user is engaging in unlawful use of the Site or other unlawful activity or activity that violates the Terms. YoungArts may, however, use and disclose to third parties user identifiable information and/or other information about you obtained from other sources.
Collection and Use: YoungArts may collect and use your user identifiable information for various purposes, including, but not limited to, providing to you access to and use of the Site and anticipating and resolving problems with your use of the Site, or to inform you of upcoming events, new content available via the Site, and other product or service offerings that may be of interest to you. This means that YoungArts may use your user identifiable information, whether in conjunction with information available from other sources or otherwise, to market to you, and otherwise communicate with you about, products or services that may be of interest to you. We may provide user identifiable information about you to third party service providers that are not affiliated with us and who perform services for us or on our behalf, in order for them to provide such services. By providing user identifiable information via the Site, you agree to this use and disclosure of such information.
Specifically, you agree that YoungArts can use your user identifiable information to: (i) enable and customize your use of the Site and/or the services provided thereby; (ii) provide you with updates and information about YoungArts’ events and services; (iii) conduct analysis for YoungArts’ internal purposes and/or support development of YoungArts’ services; and (iv) create de-identified information and then use and disclose this information in any way permitted by law, including to third parties in connection with their commercial and marketing efforts. You also agree that YoungArts can disclose your user identifiable information to: (a) third parties assisting YoungArts with any of the uses described above; (b) a third party as part of a potential merger, sale or acquisition of YoungArts or its assets; (c) our service providers who assist us by performing core services (such as hosting, billing, payment processing, or data storage and security) related to the operation or provision of the site or services provided thereby; and (d) a provider of medical or other emergency services, in the event of an emergency. If YoungArts discloses your user identifiable information, YoungArts will require that the person or entity receiving your user identifiable information agree to only use and disclose your user identifiable information to carry out its specific business obligations to YoungArts or for the permitted purpose of the disclosure (as described above). YoungArts cannot, however, guarantee that any such person or entity to which YoungArts discloses your user identifiable information or other information will not re-disclose it in ways that you or we did not authorize.
Additionally, notwithstanding any other provision contained herein, to the extent permitted or required by law, regulation or other legal requirement, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site or the services provided thereby by using it/them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
Non-U.S. Users: If you are located outside of the United States and you choose to use the Site or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States or elsewhere outside of the country where from which you access the Site online. Your clicking “I AGREE” with respect to the Terms represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not click “I AGREE” with respect to the Terms and should not access or use the Site. The European Commission and/or other geopolitical regions have determined the United States may not subscribe the same legislative standards for data protection that may be applicable in your country, province, territory or geopolitical region. By clicking “I AGREE” with respect to the Terms and providing us with your personal information, you are consenting to our use of it in accordance with our privacy practices, including the transfer of your information across international boundaries to jurisdictions anywhere in the world as permitted by local law.
User Opt-Out: You may choose not to receive direct marketing communications from YoungArts in connection with the Site by providing notification to YoungArts making such request. If YoungArts receives such a request from you, YoungArts thereafter (a) will discontinue contacting you directly with marketing messages about YoungArts’ events or services, and (b) will not use user identifiable information obtained from your use of the Site to contact you with marketing messages about any YoungArts events or services. You may choose not to receive such messages by notifying YoungArts via e-mail or regular U.S. mail. Please note, however, that any such opt out only applies to YoungArts and will not apply to any other third parties to which YoungArts has supplied your user identifiable information. Additionally, you acknowledge and agree that such opt-out notification processing may not be immediate, and you agree that should you receive additional communications your rights and remedies are limited to contacting us to reiterate your request to opt-out.
Security: YoungArts has implemented technology and security features in an effort to safeguard the privacy of your user identifiable information from unauthorized access or improper use, and YoungArts will seek to continue to enhance its security procedures as new technology becomes available. However, you acknowledge and agree that perfect security is not possible and your user identifiable information could still be accessed and used by others without authorization. Your clicking “I AGREE” with respect to the Terms constitutes your agreement that YoungArts is not and shall not be responsible for any such unauthorized access and use of your user identifiable information.
User Revocation of Authorization; Requests for Access to, Rectification or Erasure of, or Transfer of User Information: The authorization given by you hereunder remains in effect until you provide written notice of revocation to YoungArts. You can revoke your authorization at any time by providing written notice to YoungArts by email to [email protected]. A revocation of authorization is effective after you submit it to YoungArts, but it does not have any effect on YoungArts’ prior actions taken in reliance on the authorization before revoked, and does not affect YoungArts’ use of information that does not constitute user identifiable information. If you have provided your name and email address to us, you may request that we remove your name and email address from our database by contacting us at [email protected], with the exception that we continue to use your name and email address to contact you with respect to the Site if you are still authorized to access and use the Site. Following receipt of a request from you, we will take reasonable steps to delete your information as requested. YoungArts honors requests from users to access, rectify, correct, erase, restrict processing of or to transfer their own information and will correct any such information which may find to be inaccurate.
The Site may use “cookies” for the purpose of facilitating the gathering of non-specific user information. A cookie is a very small text file stored on a web site user’s hard disk that allows a web server to recall certain information that the user has already entered previously. If you wish not to utilize cookie technology, this feature may be disabled within your web browser.
[Analytics Tracking Tools Disclaimer: The Site also uses third-party analytic tools such as Google Analytics, a web analytics tool that helps website owners understand how their visitors engage with their website. Google Analytics collects information anonymously, and reports web site trends without personally identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. The Google Analytics cookie is used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. A different Google Analytics cookie is used for each website that uses the Google Analytics tool, and visitors are not tracked across multiple websites. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about your website visits. Visit the Google Analytics website to receive more information about the Google Analytics Opt-out process.]
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Additional Privacy Protections for Children Using the Internet
The Site is not available for use by minors without the agreement and approval of their parent or other legal guardian, who is required to agree to our Terms. YoungArts does not solicit or target persons younger than [AGE] for collection of information online. YoungArts encourages minors to seek the consent of their parents before providing any information about themselves or their households to anyone on the Internet. YoungArts encourages parents to take an active role to protect the privacy and security of their children and to prevent the inappropriate use of information about their children. YoungArts supports the development of technologies that help parents to control the collection and use of personal information from children who use online services in their households.
California Privacy Rights
Under California law, Users who are California residents may request certain information regarding the types of information shared by YoungArts with third parties for marketing purposes and the identities of those third parties. If you are a California resident, you may make such a request by sending an email to [email protected] with “California Privacy Information Request” on the subject line and in the body of your message.
In the event that YoungArts or any of its affiliates is acquired (whether by sale of assets or ownership interests) by merger with a third party entity or otherwise, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Site visitors and users of the Site as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your user identifiable information is treated, transferred, or used.
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