This website, www.clintonartscenter.org (the “Site”) is operated by Clinton Arts Center (“Clinton Arts Center”). Throughout the Site, the terms “we”, “us” and “our” refer to
THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN THE UNITED STATES IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES. ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, NOT ALL FEATURES, PRODUCTS OR SERVICES DISCUSSED, REFERENCED, PROVIDED OR OFFERED THROUGH OR ON THE SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS, OR APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. CLINTON ARTS CENTER RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY FEATURE, PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA. ANY OFFER FOR ANY FEATURE, PRODUCT OR SERVICE MADE ON THE SITE IS VOID WHERE PROHIBITED. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF THE UNITED STATES, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED.
When you use any service on the
Copyright and Trademarks
All Site Content (other than links to unrelated
Use of Site
You shall not post or transmit to this Site any information or materials to which you have no rights and/or any information or materials that are obscene, profane, pornographic, defamatory, libelous, unlawful, threatening or objectionable (including, without limitation, any materials that could encourage unlawful or criminal conduct, the excessive consumption of alcohol, or anything that is defamatory to Clinton Arts Center or to any other third party). While Clinton Arts Center may from time to time review materials posted to the Site by users, Clinton Arts Center is not responsible for any such materials posted by users. Clinton Arts Center shall have the right at any time and from time to time to disclose any information it deems necessary to satisfy any law, regulation or government request, and to edit, refuse to post, or remove any information or materials, in whole or in part, that in Clinton Arts Center’s sole and absolute discretion is objectionable.
The materials and information provided by you (no matter how or in what manner transmitted or provided) to this Site shall not be treated as, or considered to be, either confidential or proprietary in any way and may be used by Clinton Arts Center at any time for any reason and without compensation to you. You shall take any and all actions that Clinton Arts Center deems reasonably necessary to give effect to or otherwise perfect the rights granted to Clinton Arts Center hereunder. Clinton Arts Center reserves the right to remove anything posted to the Site at any time for any reason.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or
While this Site may have links to other websites, the providing of such links does not constitute and shall not be considered an endorsement, approval or certification by Clinton Arts Center of such websites or any of the content contained therein, and the provision of such link shall in no way be construed as an association between Clinton Arts Center and such website or the owners thereof unless specifically stated otherwise. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SUCH SITES IS AT YOUR OWN RISK. You shall not, without the prior written consent of Clinton Arts Center, which consent may be given or withheld in Clinton Arts Center’s sole and absolute discretion, link this Site to any other website.
Intellectual Property Infringement
It is Clinton Arts Center’s policy to remove from the Site any materials known by Clinton Arts Center to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide Clinton Arts Center with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) 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 Clinton Arts Center to locate the material; (d) information reasonably sufficient to permit Clinton Arts Center to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Clinton Arts Center shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement.
Sale of Products
If products are made available for download from the Site, then your
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to Clinton Arts Center’s Return Policy. Clinton Arts Center has made every effort to display as accurately as possible the colors and images of our products that appear at the store. Clinton Arts Center cannot guarantee that your computer monitor’s display of any color will be accurate. Clinton Arts Center reserves the right, but are not obligated, to limit sales of products or services to any person, geographic region or jurisdiction. Clinton Arts Center may exercise this right on a case-by-case basis. Clinton Arts Center reserves the right to limit quantities of any products or services that Clinton Arts Center offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Clinton Arts Center. Clinton Arts Center reserves the right to limit quantities of any products or services that Clinton Arts Center offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Clinton Arts Center. Clinton Arts Center reserves the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. Clinton Arts Center does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Prices for products are subject to change without notice. Clinton Arts Center reserves the right at any time to modify or discontinue the sale of products and/or services (or any part or content thereof) without notice at any time. Clinton Arts Center shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of this service.
Occasionally there may be information on this Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Clinton Arts Center reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Clinton Arts Center undertakes no obligation to update, amend or clarify information on this Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
Notification of Changes
Clinton Arts Center may provide you with access to third-party tools over which it neither monitors nor has any control or input. You acknowledge and agree that Clinton Arts Center provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Clinton Arts Center shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Clinton Arts Center may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and services available via this Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with Clinton Arts Center. Clinton Arts Center is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Clinton Arts Center is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to any such third-party.
You shall indemnify and hold Clinton Arts Center, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Clinton Arts Center by any third party due to or arising out of or in connection with the breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained above) or use of the Site.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CLINTON ARTS CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLINTON ARTS CENTER DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, CLINTON ART CENTER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CLINTON ARTS CENTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLINTON ARTS CENTER OR ANYONE REPRESENTING CLINTON ARTS CENTER BE LIABILE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNTITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS OR USE OF THE SITE OR CLINTON ARTS CENTER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF: (I) FEES PAID TO CLINTON ARTS CENTER FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLINTON ARTS CENTER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination of Use
Clinton Arts Center may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination.
By using this Site, you agree that any litigation between you and Clinton Arts Center arising under or pertaining in any way to the use of this Site, the Content thereof and the links to other websites shall be governed and construed in accordance with the laws of the State of Michigan and the courts of Michigan shall have the exclusive jurisdiction over all such litigation.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.