Terms and Conditions of Use
Welcome to DEL RAY ARTISANS ("Service"), an
online service of ("DRA"). Your use of the Service will be
subject to the terms of this Terms of Service Agreement (TOS).
The TOS may change from time to time. Use of service after a
change will subject you to the new terms.
Participation and Conduct
During the term of this Agreement, DRA
grants to you a terminable at will non-exclusive license to
use and display the Service, and to download materials
available through the Service, all solely for your personal,
non-commercial use. Any use in violation of these limits shall
constitute a violation of the terms of this license.
You may participate in any forums or
messaging threads offered through the Service, but you agree
not to post any material the content of which (is) is
defamatory, libelous, obscene, indecent, abusive, threatening
to others, or in violation of any law; or (ii) infringes the
copyright, trademark right, or other intellectual property
right of any third party. You will be solely responsible for
all content that you post on the Service. You agree to
indemnify DRA and its officers and employees from and against
all liabilities, judgments, damages, and costs (including
attorney's fees) incurred by any of them, which arise out of
or are related to the content that you post. Forums and
messaging are intended only for the personal use of
subscribers, and may not be used for commercial purposes or
for organized political activity. DRA reserves the right to
monitor content posted on the Service, and to modify or remove
any messages or postings that it deems, in its sole
discretion, to be abusive, defamatory, in violation of the
copyright, trademark right, or other intellectual property
right of any third party, or otherwise inappropriate for the
Service. DRA also reserves the right to edit or modify any
submissions in response to requests for feedback, Letters to
the Chair, or other commentary. Notwithstanding the foregoing,
DRA is not obligated to take any such actions, and will not be
responsible or liable for content posted by any subscriber in
any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of DRA.
DRA retains the right to bar any individual or entity from the
Service. Accessing the Service after being barred shall
constitute an act of trespass. The Service and all materials
published therein, including but not limited to articles,
graphical images, interactive applications, audio clips, and
video clips (collectively, the "Content"), are protected by
copyright and are owned by DEL RAY ARTISANS or its licensors.
You may not modify the Content or re-publish, re-transmit, or
otherwise distribute directly or via links any Content to any
third person except for your personal, non-commercial use, as
permitted by the license granted above. It is understood that
some of the content appearing on the site is news and as such
releases are not obtained from individuals or entities for the
use of the name, likeness, or trademarks. It is your sole
obligation to a) determine if your uses require releases or
permission, and b) to obtain the necessary releases.
DRA logos are trademarks of Arts Resource
Foundation. All other trademarks on the Service are the
property of their respective holders.
Permissions
All requests for linking and other usage of
material on DEL RAY ARTISANS should be addressed to
permissions@thedelrayartisans.org. We will review your request, and
provide you with an approval or rejection as soon as we have
evaluated the request. We will attempt to approve or
disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND OTHER MATERIALS PROVIDED
THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND.
Notices
DRA may give notice to you through general
posting on the Service, through postal notification, or
through E-mail notification, in its sole discretion. You may
give notice to DRA via E-mail at
webmaster@thedelrayartisans.org, by postal mail to 2210 Mt. Vernon Ave.,
Alexandria, VA 22301 U.S.A., or via facsimile to (703)
997-8610.
General
Any failure by DRA to enforce any provision
of this Agreement shall not be construed as a continuing
waiver of any rights under such provision. In the event that
any portion of this Agreement is held unenforceable, the
remaining provisions of the Agreement shall remain in full
force and effect.
Indemnity
In the event you breach the terms of this
license, or if, any claims are made against DRA (its
employees, officers or directors resulting from your actions)
you shall be liable to DRA for all damages, costs, judgments,
expenses (including reasonable attorney fees) that it incurs.
This Agreement shall be governed by and
construed in accordance with the laws of the State of
Virginia, as applied to contracts entered into and performed
within Virginia. You agree to grant jurisdiction over yourself
to the courts of Virginia and designate it as the forum for
resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement
between the parties with respect to the Service, and all prior
or contemporaneous agreements are merged herein and superseded
hereby.
PRIVACY POLICY
The Service collects no personally
identifying information about individuals except when
specifically and knowingly provided by such individuals (for
example, when you subscribe to our electronic newsletters or
register to use premium features of the Service). The Service
may place a "cookie" in the browser files of your computer.
The cookie itself does not contain any personally identifying
information but enables the Service to manage advertisements
presented to you or to customize the Service based on your
preferences. If you do not wish to have a "cookie" placed in
your browser files, you may disable "cookies" following the
procedures used by your particular browser.
Aggregated information we collect is used
for the following purposes:
- To improve the content and design of the
Service
You should be aware that when you
voluntarily disclose personal information (e.g., your name or
e-mail address) in discussion forums on this Service that
information can be collected and used by others and may result
in unsolicited messages from other posters or parties.
This site contains links to other sites.
DRA is not responsible for the privacy practices or the
content of such Web sites
E-commerce applications
In addition to the above services, DRA and
its partners also have e-commerce services. If you use one of
these services, you will be asked to provide personal
information, such as your name, address and credit card
number. This type of information may be provided as part of a
purchase process and allows us to process and fulfill your
order and notify you of its status.
DRA takes all reasonable efforts to ensure
the privacy and accuracy of this information. DRA uses the
industry standard known as Secure Sockets Layer to encrypt
your information between your browser and our (and our
partners') servers. DRA will monitor and adopt, as
appropriate, new technologies designed to further ensure the
accuracy and privacy of your information.