Terms of Service
PLEASE READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SITES OFFERED BY Art Along the Hudson AND Arts Mid-Hudson (“SITES”). BY PURCHASING THE SERVICE OFFERED BY THE SITES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The Web pages available at www.artalongthehudson.com, www.artalongthehudson.org, www.artsmidhudson.org, and all linked pages, unless indicated otherwise (“SITE” OR “SITES”), are operated by the SITES, and are accessed by you (“VISITOR”) under the following terms and conditions:
DESCRIPTION OF SITES
The SITES offer approved listers free listing services and sponsored promoted LISTINGS and related services (collectively “LISTINGS”).
The utmost effort is made to publish accurate information. However, all event LISTINGS, their details, venues, dates and all other information are provided in full by third party submitters, and we cannot check all of the information for accuracy. Any inconsistencies between what is published here and actual events at each location are due to unavailable or uncertain information submitted to us and we can bear no responsibility for accuracy. If you find a any event or location not listed on the SITES, it opened after our deadline or chose not to be listed.
The SITES provide information about events that we consider to be in the “Arts”. We reserve the right to determine whether or not an event submittal (in our sole discretion) falls within our parameters, and to remove any submittal that we consider inappropriate. We also reserve the right to take appropriate actions against anyone (in our sole discretion) violates these rules, including removing submissions, banning all future submissions whether sponsored or not, without any sponsorship refund.
The following is a list of prohibited or illegal usage of the SITES. We reserve the right to investigate and take appropriate actions against anyone (in our sole discretion) violates these rules, including removing the ads, removing VISITOR account, agreement cancellation without any refund.
Prohibited usage includes but is not limited to:
- any Content or links to the Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harm minors or racially, ethnically or otherwise objectionable, pornography and “adult content”
- any Content or links to the Content that contain nudity, violence, pornography, “adult content”
- any Information that you know is false or misleading
- any Content that promotes illegal or fraudulent activities
- any Content that you do not have a right to make publicly available or promotes the illegal use of any work without rights or license
SPONSORSHIP OF LISTINGS
The SITES provide the capability for the submitter to determine the start and end dates, during which the sponsored LISTING will appear on the SITES.
APPROVAL FOR PUBLISHING
- All LISTING submissions are evaluated prior to being published. We reserve the right to determine whether or not an event submittal (in our sole discretion) falls within our parameters, and to reject, and not publish any submittal that we consider inappropriate.
- APPROVAL PERIOD: In order to provide us with sufficient opportunity to approve LISTINGS, LISTING submissions must be posted on the one or more of the SITES before noon east coast time to be published that day. Any postings made after noon will be published the following day.
- REFUNDS: The SITES offer no refunds in cases where the submitter of the LISTING provides inaccurate information. If a sponsored LISTING is not shown on the SITES during the date period requested by the submitter and wholly due to the SITES’ error or technical issues, no refund can be provided. However, a future LISTING of equal value will be provided as full and complete compensation.
DISCLAIMER OF LIABILITY
- The SITES will not be responsible for controlling the content that users make available through the SITES, and is not liable for the accuracy of any content displayed through its SITES. VISITOR assumes all risk related to its published content. VISITOR releases the SITES from all liability related to the publication of its content through the SITE.
- THE SITES PROVIDED TO VISITOR ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SITES DOES NOT WARRANT THE RESULTS OF USE OF THE SITES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISING CAMPAIGN, AND CUSTOMER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO VISITOR.
- SITES MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SITES OR ANY WEBSITE LINKED TO THE SITE. SITES will not be liable for the privacy of any information or content stored on SITES’ equipment, transmitted over networks accessed by the SITE, or otherwise connected with VISITOR’s use of the Services.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE SITES BE LIABLE WITH RESPECT TO THE SITES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE SPONSORSHIP PAID BY SPONSOR THEREFORE; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
Either party (SPONSOR OR SITES) may terminate a SPONSORSHIP at any time by notifying the other party by any means. Any SPONSORSHIPS paid hereunder are non-refundable and non-cancelable. Upon termination of the agreement, SITES will remove all SPONSORED LISTINGS from its websites. LISTING SPONSOR will be billed for any unpaid SPONSORSHIPS.