These Terms of Use (“Terms”) govern your access to and use of the https://obrienartfoundation.org website (the “Site”), made available to you by the O’Brian Art Project Foundation (the “Foundation,” “we,” “us,” or “our”).
YOU SHOULD READ THESE TERMS FULLY. BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE. WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY WHEN POSTED TO THE SITE.
We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms.
Intellectual Property
The Site, including its text, audio, video, graphics, charts, photographs and all other components and content and all intellectual property rights therein (collectively, the “Content”) are exclusively the property of the Foundation, third-party artists or artist’s estates, or, as applicable, the Foundation’s vendors or licensors. The Foundation owns certain trademarks, names, logos, insignia, or service marks (“Marks”). Except for the rights expressly granted to you in the next section, the Foundation reserves all other rights in and to the Site, Content and Marks, including all intellectual property rights therein. Any unauthorized use of the Site, Content or Marks is strictly prohibited.
Use Rights
You may only use the Site on a non-exclusive basis for its intended lawful non-commercial personal purposes in compliance with the Terms.
Restrictions on Your Use of the Site
You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content.
You will not engage in data mining or similar data gathering or extraction activities from the Site. You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
You will not access, use, or copy any portion of the Site through the use of automated devices or mechanisms.
You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
You may not engage in any conduct while using the Site that the Foundation considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
Compliance with Laws
Your use of the Site and Content must comply with all applicable laws, regulations and rules.
Children’s Information
The Site is not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Site.
Social Media
Links to the Foundation’s social media pages may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect the Foundation’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
Grant Applications
You may access information in the Site about applying for a grant. All information collected is subject to our Privacy Policy. Grants are awarded by the Foundation at its sole discretion and award criteria are subject to change at the Foundation’s sole discretion. The Foundation makes no guarantees of any kind with respect to any grants or other awards that may or may not be provided. Grant application materials will not be returned to you.
NO WARRANTY
THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. THE FOUNDATION DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. THE FOUNDATION DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “THE FOUNDATION PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A FOUNDATION PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FOUNDATION PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
Third-Party Websites and Content
The Site may link to, or be linked to, websites not maintained or controlled by the Foundation. The Foundation does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy policy of that third party that govern your use of third-party site (and such third-party’s use or your personal information), not these Terms.
Linking to the Site
You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of the Foundation.
Termination
If you violate the Terms, you are immediately prohibited from further use of the Site and we may restrict your access to the Site. The Foundation may suspend or terminate the Site in whole or in part, at any time in its sole discretion for any reason. The Foundation shall not be liable to you or anyone else for any damages arising from or related to the Foundation’s suspension or termination of your access to the Site, or in the event the Foundation modifies, discontinues or restricts the availability of the Site (in whole or in part).
Availability
Without limiting the generality of the previous section, the Site may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability. Any programs, materials, products, or services that may be mentioned on or made available through the Site are subject to availability and terms not described in these Terms may apply. The Foundation may change the programs, materials, products, and services mentioned on the Site at any time without notice. The Site may not be available and may be discontinued at any time.
Cooperation with Law Enforcement
The Foundation will cooperate with law enforcement as prudent or required by law. YOU WAIVE AND HOLD THE FOUNDATION AND THE FOUNDATION PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Disputes
These Terms, and your access to and use of the Site, are governed by the laws of the State of Pennsylvania, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Pittsburgh, Pennsylvania. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.
Other Provisions
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of the Foundation’s successors and assigns. These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and the Foundation with respect to your access to and use of the Site.
The Foundation’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Foundation. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
