Terms of Use

Art For Progress, Inc. ("AFP"), on behalf of artforprogress.org, provides you access to the artforprogress.org web site (the "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below (the "Terms of Use"). If you do not agree with any of the Terms of Use, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms of Use and constitutes a legally binding contract between you and Art For Progress.

THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT ART FOR PROGRESS TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.

INTELLECTUAL PROPERTY

All text, graphics, multimedia content or other material available from the entry point URL http://www.artforprogress.org and pages within that domain and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site ("Material(s)") are the property of Art For Progress and/or its affiliates/licensors/artist members (for further member rights please see USER CONDUCT AND SUBMISSIONS section) and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by “AFP” or by other parties that have licensed their Material to “AFP”. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of “AFP” for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited.

TRADEMARKS

"AFP", the "AFP logo," and AFP’s other common law and registered service and trademarks (Marks) which may appear on the Site, are the service and trademarks of Art For Progress. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of Art For Progress.

LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES

This Site contains links to pages on other sites, and those sites may offer products and/or services for sale ("Linked Sites"). You acknowledge and agree that AFP has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by AFP of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. Art For Progress does not author, edit or monitor these pages or links. You acknowledge and agree that AFP is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites or resources.

AFP WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. AFP IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE AFP (AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.

DIGITAL MILLENNIUM COPYRIGHT ACT

AFP respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that AFP directly makes available on the Site. However, if you believe any Material on the Site, either posted by AFP, our users or any other party, is infringing, please contact AFP at the address below. Pursuant to the Digital Millennium Copyright Act, AFP has registered an agent to receive copyright infringement claims.

You may notify AFP of alleged intellectual property rights infringement by contacting our Designated Agent at:

Art For Progress, Inc.
133 Mulberry Street, Suite 4W1
New York, New York 10013
Fax: (212) 475-4185
E-mail: webmaster@artforprogress.org

Infringement notices addressed to AFP’s Designated Agent need to include the following information so that AFP can locate the Material and properly process the request:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the Material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

USER CONDUCT AND SUBMISSIONS

In order to access and use the Site, you agree that you will not: (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use AFP's name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users.

You may not post, upload, or transmit to the Site or to the AFP servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, state, national or international law. Although AFP does not pre-screen user submissions in chat rooms, forums, reviews or otherwise, AFP and its agents retain the right (but not the obligation) in their sole discretion to refuse or move any Materials, information or other content available on the Site.

AFP does not claim ownership of any Materials or information you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site. Any Materials or other information are not and will not be treated as confidential. You also agree that AFP may disclose any such Materials or information to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce AFP's rights, analyze or respond to third party claims or generally protect AFP and its users.

NO WARRANTIES

ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AFP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.

IN ADDITION, AFP DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODUCTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AFP) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.

UNDER NO CIRCUMSTANCES WILL AFP BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AFP, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNITY

You agree to indemnify and hold AFP and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.

TERMINATION OF THE SITE

AFP reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.

AFP may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if AFP believes that you: (1) have breached these Terms of Use; (2) infringed the intellectual property right of a third party; (3) provided any information that AFP is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS

This Site is controlled and operated by AFP from its offices within the State of New York, U.S.A. AFP makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of New York by AFP.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within New York and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by AFP, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in New York County, New York.

SEVERABILITY

If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER

Any delay or failure on the part of AFP to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

MODIFICATIONS

AFP reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by AFP. Any change or modification made by AFP will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by AFP.

Privacy Policy

Overview

AFP takes your privacy rights seriously and has posted this Privacy Policy to let AFP users know what information AFP collects from you, why AFP collects it and what AFP does with it. AFP's goal is to collect and use only that information that AFP thinks is necessary for AFP's legitimate business interests, such as to better understand and serve you, the AFP community, to provide better service and to improve marketing of AFP.

Acceptance of These Terms

This Privacy Policy is incorporated into and is subject to the AFP Terms of Use of the Site. If you do not agree to the terms of this Privacy Policy or the Terms of Use of the Site, please do not provide AFP with any information and do not use the AFP Site or services. Your continued use of the AFP Site after the Privacy Policy has been modified will signify your acceptance of the changes for information gathered after the date of the change.

Does this Privacy Policy apply to you?

This privacy policy covers AFP's information collection and use practices for anyone who uses the Site. Except as otherwise set forth in this Privacy Policy, AFP will not share your personally identifiable information with any third parties unless you give AFP permission to do so or except as required by law or to cooperate with law enforcement authorities.

This Site, however, contains links to other websites, advertisers and other third parties. By clicking on any of these links, you are leaving the Site. AFP has no control over the information collected from or about you by any third party after you have left the Site. This Privacy Policy does not cover the data collection and use practices of any third party linked to AFP. AFP assumes no liability and is not responsible for any practices of such third party web sites, including their privacy practices or content.

What information, including personally identifiable information, does AFP collect from and about you?

Our goal in collecting information from and about you is to provide you with the best web experience possible. In order to provide you with our services, AFP collects two types of information from its community: passive technical information; and information you voluntarily provide to AFP, including personally identifiable information.

Passive Technical Information. AFP automatically collects certain technical information for each visitor, including your IP address, the type of browser you use to surf the Internet, your screen resolution, and your computer's operating system. Your IP address tells AFP both your Internet Service Provider (ISP) and the general geographic location from which you are connecting. AFP may also use your IP address to track the date and time you accessed the Site, how long you stayed on the Site and what pages you visited. This information is used internally by AFP to help provide a good web experience to our community, including proper formatting for our web pages. This information is also provided in the aggregate to third parties, including potential business partners and advertisers, to describe basic use patterns for the Site, but this information is not linked to any personally identifiable information before it is disclosed unless AFP has obtained your consent. In addition, AFP uses cookies on this Site. Cookies are small data text files that are sent from a server computer to your computer during a browsing session so that the web site may track your activities on the web site. Cookies are typically stored on your computer's hard drive and are used by web sites to simulate a continuous connection to that site. Cookies, by themselves, do not necessarily let a web site know any personally identifying information about you, such as your real name, address, etc., unless you previously provided that information at the web site or have set your preferences in your browser to provide that information. AFP is not generally interested in any one individual and does not collect personally identifiable information about any one person using cookies. AFP does, however, use cookies to save your password so that you don't have to reenter it each time you visit the Site.

-Information You Provide. AFP does not require anyone to register and become an AFP member for general use of the Site. However, should you choose to register and become a AFP member so that you may take advantage of AFP's membership benefits (which include access to AFP chat rooms, message boards and Filter rating systems), AFP requires that you provide the following information: first name, last name, ZIP code, country, e-mail address and date of birth. Additionally, AFP may ask for other optional information so that AFP can learn more about who our users are and what they want out of our Site. In order to better understand our users and to provide you with a better web experience, AFP may analyze the ages of our users in connection with the pages our users tend to visit and the shows they access. AFP's use and disclosure of the information you provide us, including personally identifiable information, is set forth below.

What other organizations besides AFP may be collecting information from you on the Site?

AFP may use outside advertising companies to display banner advertisements on the Site. Banner advertisements may also contain cookies, and appear to be coming from AFP; but, in reality, they are coming from third parties who are serving advertisements on the Site. AFP has no control over the privacy practices of any third party, and the manner in which any third party uses your information is not protected by the terms of this Privacy Policy. Further, once you leave the Site, AFP does not control the privacy policies or the privacy practices of any third parties.

What happens to my information after AFP collects it?

When AFP collects information from you, AFP does not share any information with third parties outside of AFP without your consent. You will give this consent by "opting-in" to having your information shared with third parties when you register. These third parties may include AFP’s marketing partners, who may want specific information to better shape their marketing efforts. Additionally, AFP provides the community the opportunity to be sent newsletters and information about promotional events, publications, and marketing events. Again, AFP will not send this information to you unless you "opt in" for these services and publications.

In addition, AFP will not sell, dispose, or otherwise transfer your personally identifiable information to third parties without your consent except as specifically set forth in this paragraph and in the preceding paragraph. When you choose to supply AFP with your personally identifying information, AFP compiles this information in a database with other AFP community members' information and AFP reserves the right to transfer this information to a successor, related entity or to a third party purchasing or succeeding to AFP's assets.

How can you review and correct information you submitted to the Site, unsubscribe, or opt out?

You may review, change, or delete any information you submitted to AFP by going to the "Edit Profile" screen. Additionally, it is optional to supply personally identifying information to use the Site. However, if you do provide AFP with personally identifying information, there are several ways you may unsubscribe from our chat rooms and message boards, and remove your information from our databases. You can send an email to memberships@artforprogress.org. In this email, you must include your user name and password, and a description of the information you would like to change. Alternatively, you can send mail to the following postal address:

Art For Progress, Inc.
133 Mulberry Street, Suite 4W1
New York, NY 10013

Additionally, if you choose to receive AFP newsletters, you may unsubscribe from this service in the manner indicated in each newsletter.

What kinds of security procedures are in place to protect the loss, misuse or alteration of information under AFP’s control?

AFP uses industry standard security measures to protect the loss, misuse and alteration of the information under AFP's control, including firewalls and other security measures. Nonetheless, due to the inherent dangers of the Internet, AFP cannot guarantee the protection of such information against loss, misuse, or alteration.

Additionally, AFP provides an opportunity for the AFP community to communicate and interact through AFP's message boards and chat rooms, and through private messaging in the forums and chat rooms. AFP monitors the message boards with AFP employees and select community members known as moderators to ensure that these communications run smoothly.

A special notice to parents of children under the age of 13.

The Site is a general audience web site and is intended to be used by adults and teens interested in the arts. It is not intended for children under the age of 13 and AFP does not want to collect any personal identifiable information for such children.

Modifications to this privacy policy.

AFP reserves the right, at AFP's discretion, to change, modify, add or remove portions of this Privacy Policy at any time to comply with any applicable state or federal regulations, to utilize new technologies or to improve your AFP experience, so please check back periodically to review our Privacy Policy. If AFP changes any portion of this Privacy Policy, the change will be posted in this document so that you will always know what information AFP gathers, how AFP might use that information, and to whom AFP will disclose such information. AFP will not change the use and dissemination practices related to information obtained under a prior version of this Privacy Policy without your prior consent. This Privacy Policy was last changed and posted on our Site on May 18, 2006.