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Terms of Use

Overview/Terms of Use

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 Clinton Arts Center.  Clinton Arts Center offers this Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By entering the Site, you acknowledge and agree to be bound and abide by these Terms of Use and Clinton Arts Center’s Privacy Policy.  If you do not agree to these Terms of Use and the Privacy Policy, do not enter the Site.

 

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.   

 

Privacy Policy

Clinton Arts Center respects your privacy and permits you to control the treatment of your Personal Information.  A complete statement of Clinton Arts Center’s current Privacy Policy can be found by clicking here:  Privacy Policy.  Clinton Arts Center’s Privacy Policy is expressly incorporated into this Agreement by this reference.  When you are required to open an account to use or access the Site or service, you must complete the registration process by providing complete and accurate information on the registration form.  You will also be asked to provide a username and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of anyone else at any time.  You agree to notify Clinton Arts Center immediately of any unauthorized use of your account, username, or password.  Clinton Arts Center shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by Clinton Arts Center, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.    

 

Electronic Communications

When you use any service on the Site, or send emails to Clinton Arts Center, you are communicating with Clinton Arts Center electronically.  You consent to receive communications from Clinton Arts Center electronically.  Clinton Arts Center will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that Clinton Arts Center provides to you electronically satisfy any legal requirement that such communications be in writing. 

 

Copyright and Trademarks

All Site Content (other than links to unrelated third party websites) is either owned or controlled by Clinton Arts Center, used under license to Clinton Arts Center or otherwise used with permission, and is protected by applicable intellectual property laws (including trade dress, copyright, patent and trademark laws).  For purposes of these Terms of Use, “Content” means and includes, without limitation, all audio, video, artwork, text, graphics, images, photographs, computer code, the “look and feel” of the Site, user and visual interfaces, trademarks and logos.  Unless specifically provided for on the Site, you may not reproduce, copy, post, modify, mirror, transmit, republish, upload, download, publicly display, encode, translate, transmit or distribute in any way any Content or portion of this Site without the express prior written consent of Clinton Arts Center, which consent may be given or withheld by Clinton Arts Center in its sole and absolute discretion.

 

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 other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  Clinton Arts Center reserves the right to bar any such activity.  You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other system or networks connected to the Site or to any Clinton Arts Center server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.  You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Clinton Arts Center, including any Clinton Arts Center account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purposes is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Clinton Arts Center’s systems or networks, or any system or networks connected to the Site or to Clinton Arts Center.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Clinton Arts Center on or through the Site or any service offered on or through the Site.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.  You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Clinton Arts Center or others.        

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

From time to time, products may be offered for sale on the Site.  Upon initiating a product purchase on the Site, you may be asked to supply certain Personal Information (as defined in the Privacy Policy).  Our online store is hosted by Shopify, Inc., and Shopify, Inc. provides Clinton Arts Center with its online e-commerce platform.  The use of any Personal Information shall be governed by the terms of the Privacy Policy.  Verification of your Personal Information may be required before Clinton Arts Center can acknowledge and complete any such purchase.  Your submission of such Personal Information to the Site constitutes your representation and warranty that the payment information you provided is yours and that you have the legal rights to the use thereof.  Clinton Arts Center has the right at any time to refuse to permit a purchase of any product offered for sale on the Site for any reason.  It shall be your responsibility to pay the applicable price (including all fees and other charges such as shipping and handling and taxes) in effect at the time of purchase for products purchased from the Site.  Except as otherwise specified herein or required by applicable law, all sales through the Site are final and all costs and charges are non-refundable; and your sole and exclusive remedy for products that are not delivered within a reasonable period of time shall be the replacement of such product or a refund of the purchase price paid for such product.

If products are made available for download from the Site, then your payment for and downloading of such products shall not constitute a grant or waiver by Clinton Arts Center or any other person of any intellectual property rights with respect thereto or with respect to any intellectual property rights embedded therein. 

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. 

 

Errors, Inaccuracies and Omissions

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 reserves the right at any time or from time to time, in its sole and absolute discretion, to alter, modify, amend, change, add or remove all or any portion of these Terms of Use and the Privacy Policy.  You shall have the responsibility to review these Terms of Use and the Privacy Policy from time to time to check for such modifications.  Each entry into the Site shall constitute your acceptance of these Terms of Use and the Privacy Policy as so modified.

 

Optional Tools

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.

 

Indemnification, Disclaimers and Limitations of Liability

Any violation by you of these Terms of Use may subject you to civil or criminal penalties and may cause irreparable harm to Clinton Arts Center for which monetary damages would be inadequate.  Accordingly, in addition to any other rights and remedies available to Clinton Arts Center, whether at law or in equity, Clinton Arts Center shall have the right to seek injunctive or equitable relief. 

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.

 

Applicable Law 

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. 

 

Miscellaneous  

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.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Clinton Arts Center with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Clinton Arts Center with respect to such use are hereby superseded and cancelled. Clinton Arts Center will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Clinton Arts Center’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Clinton Arts Center of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Clinton Arts Center and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.