Terms and Conditions
Agreement between user and http://www.artistrisingny.com
Welcome to http://www.artistrisingny.com. The http://www.artistrisingny.com website (the "Site") is comprised of various web pages operated by Artist Rising ("Artist Rising "). http://www.artistrisingny.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://www.artistrisingny.comconstitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.artistrisingny.com is an E-commerce Site
ArtistRisingny.com provides an online platform for Artist Rising that have participated in a Artist Rising event. Tickets are available for purchase on the website as well.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the site are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site should be construed as granting any license or right to use any Trademark displayed on the site without our written permission. We aggressively enforce our intellectual property rights to the fullest extent of the law. We prohibit use of our logo as a "hot" link to any other Internet site unless approved by us in advance in writing.
Visiting http://www.artistrisingny.com or sending emails to Artist Rising constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Artist Rising is not responsible for a third party access to your account that results from theft or misappropriation of your account. Artist Rising and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Artist Rising does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.artistrisingny.com only with permission of a parent or guardian.
See our Refund policy page.
Links to third party sites/Third party services
http://www.artistrisingny.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Artist Rising and Artist Rising is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Artist Rising is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artist Rising of the site or any association with its operators.
Certain services made available via http://www.artistrisingny.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.artistrisingny.com domain, you hereby acknowledge and consent that Artist Rising may share such information and data with any third party with whom Artist Rising has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.artistrisingny.com users and customers.
ANY SUBMISSION PROVIDED TO THE FORUM IS ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS.
We do not and cannot carefully review every Submission to our Site by you, such as your emails, Opportunities, Deals, Offers, or any other submission to the Site. We are not responsible for the content of any of your Submissions. You shall remain solely responsible for the content of your Submissions. We do not endorse your Submissions merely by allowing them to be posted on the Site.
We reserve the right to delete, move or edit Submissions that we, in our sole discretion, deem to be a violation of our Terms, the prohibitions shown immediately below, or the law, including termination of your use of the Website.
The following types of Submissions are prohibited in the Forum:
• Submission content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party
• Complaints or negative statements relating to other Artists or persons
• Abusive, threatening, obscene, defamatory, and otherwise offensive statements
• Promotion of illegal activities
• Explicitly sexual material
• Material not reasonably related to Artist Rising Site
• Misrepresentation of your affiliation with any person or entity
• False or misleading information
• Collecting information for commercial or unlawful purposes from other users
• Material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
EVEN THOUGH THE ABOVE ITEMS ARE PROHIBITED, THERE IS A SMALL CHANCE THAT YOU MIGHT BECOME EXPOSED TO SUCH ITEMS, AND YOU WAIVE ANY AND ALL OF YOUR RIGHTS TO ANY DAMAGES OR OTHER REMEDIES FROM ARTIST RISING RELATED TO SUCH EXPOSURE.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Artist Rising or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Artist Rising content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Artist Rising and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Artist Rising or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Artist Rising from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Artist Rising Content accessed through http://www.artistrisingny.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Artist Rising , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Artist Rising reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Artist Rising in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTIST RISING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ARTIST RISING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTIST RISING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Artist Rising reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artist Rising as a result of this agreement or use of the Site. Artist Rising 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Artist Rising 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artist Rising with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Artist Rising with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Artist Rising with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Artist Rising reserves the right, in its sole discretion, to change the Terms under which http://www.artistrisingny.com is offered. The most current version of the Terms will supersede all previous versions. Artist Rising encourages you to periodically review the Terms to stay informed of our updates.
Artist Rising welcomes your questions or comments regarding the Terms:
Albany, New York 12210
Effective as of February 18, 2019