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TERMS OF USE 

1. INTRODUCTION AND ACCEPTANCE

Welcome to TheArtsConnect.us (“Website”), an interactive online service operated by ArtsConnect (“ARTSCONNECT,” "us," "we," or "our").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.  BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 16 BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

 

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you.  A copy of this Privacy Policy can be found below (See Terms of Use on this web page) and is incorporated by reference into these Terms of Use.  By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.

 

2. INTELLECTUAL PROPERTY

The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, music, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both.  Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both.  Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content.  Any rights not expressly granted in these Terms of Use are expressly reserved.


3. WEBSITE ACCESS AND USE

  1. Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only.  When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.  Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner.  In certain instances, we may permit you to download or print Website Content or both.  In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
  2.  Except as expressly permitted in these Terms of Use, you may not:
    1. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
    2. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
    3. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission.  Notwithstanding the foregoing, we grant public search engine operators’ permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public.  We reserve the right to revoke this permission (generally or specifically) at any time;
    4. collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
    5. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
    6. attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
    7. decompile, reverse engineer, or disassemble any portion of any the Website;
    8. use network-monitoring software to determine architecture of or extract usage data from the Website;\
    9. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 4(B)) without permission, etc.);
    10. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; 
    11. engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

 

(C)   You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

4. USER REGISTRATION

  1.  In order to access or use some features of the Website, you may have to become a registered user.  If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian.
  2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.  During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users.  You are responsible for safeguarding and maintaining the confidentiality of your Membership.  You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity.  You agree to notify us immediately at artsinfo@springfieldTWP.org of any breach of security or unauthorized use of your Membership.

 

5. USER CONTENT

 

  1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”).  Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content.  We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website.  It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
  2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
  3. You represent, warrant, and covenant that you will not submit any User Content that:
  1.  violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  3. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  4. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
  5. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  6. is an advertisement for goods or services or a solicitation of funds;
  7. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  8. contains a formula, instruction, or advice that could cause harm or injury; or
  9. is a chain letter of any kind.


  1. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

 

(D)   By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies.  We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

 

(E)    By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.  Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

 

(F)    We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.  You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

 

(G)   We have the right, but not the obligation, to monitor User Content.  We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

 

6. WEBSITE CONTENT & THIRD PARTY LINKS

 

  1. We provide the Website including, without limitation, Website Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose.  In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content.  Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
  2.  n many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party.  We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
  3. Any health-related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health-related statements found on this Website or in any in third party sites referenced on the Website. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
  4. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved.  If there is such a dispute, you hereby release ARTSCONNECT its officers, directors, trustees, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
  5. The Website may contain links to other websites maintained by third parties.  We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.


7. INDEMNIFICATION

 

You agree to indemnify and hold harmless ARTSCONNECT, Springfield Township Arts and Enrichment Council, its supporting political subdivision, each of their officers, directors, trustees, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:  (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

8. DISCLAIMERS

 

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARTSCONNECT, SPRINGFIELD TOWNSHIP ARTS AND ENRICHMENT COUNCIL, ITS SUPPORTING POLITICAL SUBDIVISION, EACH OF THEIR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:  (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

9. LIMITATION ON LIABILITY

 

(A)    UNDER NO CIRCUMSTANCES SHALL ARTSCONNECT, SPRINGFIELD TOWNSHIP ARTS AND ENRICHMENT COUNCIL, ITS SUPPORTING POLITICAL SUBDIVISION, EACH OF THEIR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ARTSCONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE.   SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

(B)   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ARTSCONNECT, SPRINGFIELD TOWNSHIP ARTS AND ENRICHMENT COUNCIL, ITS SUPPORTING POLITICAL SUBDIVISION, EACH OF THEIR  OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ARTSCONNECT DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100, WHICHEVER IS LESS.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

10. TERMINATION

 

  1. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use.  You agree that ARTSCONNECT shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
  2. Any suspension or termination shall not affect your obligations to us under these Terms of Use.   The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.


11. COPYRIGHT POLICY

 

  1. We respect the intellectual property rights of others and expect users to do the same.  In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others.  Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
  2. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).  Our Designated Agent is:

 

ArtsConnect

Springfield Township 

Community Arts Center

ATTN: DMCA

9158 Winton Road

Building A

Cincinnati, Ohio  45231

 

Telephone: (513) 522-2108

Email: artsinfo@springfieldtwp.org

 

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  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 us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. 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 the law; and
  6.  A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

12. CHOICE OF LAW; JURISDICTION AND VENUE

 

These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules.  Any legal proceedings against ARTSCONNECT that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state and federal courts of Hamilton County, Ohio and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

13. DISPUTE RESOLUTION & MANDATORY ARBITRATION

  1.  We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes at: artsinfo@springfieldTWP.org. We will contact you based on the contact information you have provided us or that we obtain by other means.
  2.  If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section.  The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
  3.  We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by ARTSCONNECT under its rules and procedures in effect when the claim is filed.
  4.  We are entering into this arbitration agreement in connection with a transaction involving interstate commerce.  Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
  5.  Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 14 below, we each agree that any arbitration will be solely between you and ARTSCONNECT, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in Section 13 is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.

 

14. NO CLASS ACTIONS

 TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

15. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

16. AMENDMENT; ADDITIONAL TERMS

  1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use.  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”).  Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
  2.  Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail.  It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms.  Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same.  If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.

 

17. MISCELLANEOUS

 

  1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
  2. Except where specifically stated otherwise (e.g., Section 13(E)), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.  So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
  3. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
  4. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.  Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.  We may assign these Terms of Use or any rights hereunder without your consent and without notice.

PRIVACY POLICY 

 

1. Introduction

 ArtsConnect (“we”, “our” and “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy”). We have adopted this Policy to explain our privacy practices with respect to information that ArtsConnect may collect about you when you access and use our website and use our online services (the “Services”).

 

Please read this Policy carefully to understand our practices regarding information we collect from you or about you and how we will treat it. By accessing or using the Services, you agree to this Policy. This Policy may change from time to time (See Changes to Policy below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

 

2. Information We Collect about You and How We Collect It

 

We typically collect two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that we collect through automatic data collection technologies. 

 

a. Information that You Provide to Us

 

When you access and use our Services, register on our website to purchase tickets, memberships, register for classes, pay workshop fees, or subscribe to our newsletter, we will ask for information by which you may be personally identified. This includes, but is not limited to, your name, email address, telephone number, postal address, credit card or other payment information, or any other information defined as personally-identifiable information under applicable law (“Personal Information”), or that is about you but which individually does not identify you. 

 

This information may include:

  •  Information that you provide to us directly when using the Services. For example, when you register for or use the Services as a guest, you may provide us with your phone number, name, email address, and payment information.
  • Information that you provide related to a report you make regarding a problem with our Services.
  • Information that you provide in response to a survey we initiate.
  • Information that you provide while providing feedback or ratings related to your use of the Services or requests for support.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through the Services and of the fulfillment of your requests made using the Services.
  • Your search queries on the Services.

 You also may provide information rating or feedback on certain aspects of the Services or the products and services of our business partners (collectively, “User Content”). Such User Content may be used and disclosed as we, in our sole discretion, deem appropriate.  The requirements for using User Content, including copyright issues, is detailed in the Terms of Use Policy.  The Terms of Use Policy can be accessed on this web page (above).

 

b. Information We Collect Through Automatic Data Collection Technologies

 

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information including:

 

  • Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.

 

  • Device or Computer Information. We may automatically collect information about your computer, mobile device and internet connection, including the computer or device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

 

  • Location Information. The Services may collect real-time information about the location of your computer or device, as applicable, through GPS, Bluetooth or WiFi signals.

 

If you do not want us to collect this information do not use the Services. For more information, see Section 6, Choices About How We Collect, Use, and Disclose Your Information.

 

The data collection technologies we use may also include:

 

  • Cookies (or mobile or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept cookies by activating the appropriate setting on your browser or device, as applicable. However, if you refuse to accept cookies, you may be unable to access certain parts of the Services.

 

3. Third-Party Information Collection

 

Some content or applications on the Services may be served by third-parties, including advertisers and content providers. In addition, we may allow analytics providers to perform services on our behalf. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.

 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 6, Choices About How We Collect, Use, and Disclose Your Information.

 

4. How We Use Your Information

 

We use information that we collect about you or that you provide to us, including any personal information:

 

  • To provide the Services and associated content to you.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account or promotions offered to users of our Services, including expiration and renewal notices, as well as receipts or other documentation related to your purchases.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Services or any products or services we offer or provide through it.
  • To notify you when an update to the Services is available.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 

In addition, the usage information that we collect to help us to improve the Services and to deliver a better and more personalized experience by enabling us to:

 

  • Evaluate usage patterns.
  • Store information about your preferences, allowing us to customize the Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Services.

 

We may also use your information to contact you about our own goods and services that may be of interest to you.

 

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. See the discussion below under Section 6, Choices About How We Collect, Use, and Disclose Your Information.

 

5. Disclosure of Your Information

 

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose Personal Information that we collect or you provide:

 

  • To our affiliates and business partners for the purpose of providing our Services to you.
  • To contractors, service providers, and other third parties we use to support our business operations.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ArtsConnect assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ArtsConnect about the Services users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • To send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of ArtsConnect, its affiliates and business partners, and other companies, where permissible and according to local applicable laws.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of service also available on our website and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ArtsConnect, our customers, our business partners, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

6. Choices About How We Collect, Use, and Disclose Your Information

 

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

  • Email Addresses.  We do not share your email addresses with third parties to market products or services to you.

 

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

 

  • We use Google Analytics to help us understand how our customers use our Site,  You can read more about how Google uses your Personal Information here:   https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:   https://tools.google.com/dlpage/gaoptout

 

  • Behavioral Remarketing. ArtsConnect may use remarketing services provided by Google, Facebook and others to advertise our site to you after you have visited our website. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our website.

 

  • You can opt out of targeted advertising by:

 

     FACEBOOK - https://www.facebook.com/settings/?tab=ads

     GOOGLE - https://www.google.com/settings/ads/anonymous

 

  • Location Information. You can choose whether or not to allow an application running on your device or computer to collect and use real-time information about your device's location through the device or computer’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.

 

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") at NAI Opt Out.

 

7. Accessing and Correcting Your Information

 

You can review and change your personal information by logging into the Services and visiting your account profile page.

 

You may also contact us at artsinfo@springfieldtwp.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

8. Data Security

 

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

When ArtsConnect transmits sensitive information (such as credit card numbers) you provide for any electronic online payment, ArtsConnect protects the information with the use of Secure Sockets Layer (“SSL”) software. SSL software is the industry standard and among the best software available today for secure commerce transactions. SSL software encrypts all of your personal information, including credit card numbers, name, and address, so that it cannot be read over the internet.

 

9. Electronic Payments

 

When you make an electronic online payment through this website, we must collect information about you in order to facilitate the processing of your payment transaction. To enable ArtsConnect to provide secure payment facilities we will typically acquire information which may include your name, credit/debit card number (with the expiration date) and billing address. Because this information is required if you choose to make an electronic online payment using this site, you agree to provide accurate and complete information when providing personal information.

 

10. Changes to Our Privacy Policy

 

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated.

 

You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this Privacy Policy to check for any changes.

 

11. Contact Information

 

To ask questions or comment about this privacy Policy and our privacy practices, contact by mail us at:

 

ArtsConnect

9158 Winton Rd. Bldg A.

Cincinnati, OH 45231

 

Or email us at: artsinfo@springfieldtwp.org