Art In The Park Terms of Use
Published on May 3rd 2024
This website is owned by Art in the Park Inc., a 501(c)(3) organization (hereinafter, “AITP”).
These Terms of Use, together with AITP’s Privacy Policy, set forth the terms and conditions
(“Terms”) that apply to your access and use of AITP’s website located at
https://www.artinthepark128.org/ (the “Site”, and the provision of the Site and any services made
available through the Site, the “Services”).
YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SITE. BY USING THE
SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE AND CONFIRM THAT
(A) YOU ARE EITHER AT LEAST 18 YEARS OLD OR IF NOT, YOU ARE USING THE
SITE/SERVICES WITH THE PERMISSION AND CONSENT OF YOUR PARENT OR
LEGAL GUARDIAN, AND (B) YOU (OR YOUR PARENT OR LEGAL GUARDIAN, AS
APPLICABLE) HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE OR USE
THE SERVICES.
1. Prohibited Conduct. When using the Site/Services, you are strictly prohibited
from taking any of the following actions, and you hereby agree not to:
A. Use the Site or Services for any illegal purpose or to carry out any illegal acts, or
in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of third parties, including privacy
or intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous,
inaccurate, or that a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, hateful, or otherwise
inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site or Services,
including by uploading or otherwise disseminating viruses, adware, spyware,
worms, or other malicious code, making unsolicited offers or advertisements to
other users, or attempting to collect personal information about users or third
parties without their consent;
F. Access, monitor or copy any content or information of the Site using any robot,
spider, scraper, or other automated means or any manual process for any purpose
without AITP’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity,
claiming false affiliations, accessing the accounts of other users without
1.permission, or falsifying your identity or any information about you, including
age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
2. Third Party Content. The Site may contain links to third party websites and
services, which are owned and operated by third parties that are not affiliated with AITP (the
“Third Party Sites”) and which are subject to their own terms and conditions of use and/or
privacy policies. AITP provides such links as a convenience, and does not control or endorse the
Third Party Sites. You acknowledge and agree that AITP has not reviewed the content,
advertising, products, services, or other materials that appear on such Third Party Sites, and is
not responsible for the legality, accuracy, or appropriateness of any such content, products or
services. AITP shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of any such Third Party Sites.
AITP is under no obligation to maintain any third party link on this Site and may remove a link
at any time in its sole discretion for any reason whatsoever.
3. Intellectual Property. You acknowledge and agree that you relinquish all
ownership rights in any ideas, comments or suggestions that you submit to AITP through this
Site or while using the Services. This Site is protected by applicable copyright and other
intellectual property laws, and no materials from the Site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way without our express
permission. All trademarks and service marks on the Site belong to AITP, except third-party
trademarks or service marks, which are the property of their respective owners. Images, videos
and other content published on the Site are either the property of, or used with permission by,
AITP. The use of these images, videos or other content by you or anyone else authorized by you
for any purposes other than for personal use, is prohibited.
4. Payments and Payments Processing. The Site provides the ability for users to
make online donations, which is governed by AITP’s donation policy(ies) (if any) which may be
published on the Site. AITP uses third party payment services provider(s) to process all
donation/payment transactions, and such transactions may be carried out on websites or
applications managed and operated by the third party payment services provider(s), and
governed by terms and conditions and/or privacy policies that are separate and different from
these Terms. The third party payment service provider(s) may manage the routing of applicable
donor information through the credit card and electronic check processing networks, as
applicable. By making a donation through any such third party payment service provider(s), you
agree to be bound by the terms and conditions and privacy policies of such third party payment
service provider(s). AITP is not affiliated with these companies, and is not responsible in any
way for the actions or performance (or lack thereof) of any such third party payment service
provider(s). Accordingly, AITP and its officers, directors, employees, contractors, consultants,
affiliates, subsidiaries, and agents (collectively, the “AITP Parties”) expressly disclaim all
responsibility and liability for all services provided by such third parties payment service
provider(s), including those related to donation/payment transactions, and you hereby waive and
release AITP from any and all claims, losses, liabilities, damages, costs and expenses of any
sort that I may have or incur as a result of using any such services.
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5. Indemnification. You agree that you will be personally responsible for your use
of the Site and the Services, and you agree to defend, indemnify, and hold harmless the AITP
Parties from and against any and all claims, liabilities, damages, losses, and expenses (including
attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your
access to, use of, or alleged use of the Site or Services; (ii) your violation of these Terms or any
applicable law or regulation; (iii) your violation of any third party right, including without
limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between you and any third party. AITP reserves the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
6. Termination. If you violate these Terms, your permission to use the Site and
Services will automatically terminate. In addition, AITP, in its sole discretion, may suspend or
terminate some or all of your access to the Services at any time, with or without notice to you.
7. Modification of the Terms. AITP reserves the right at any time to modify these
Terms and to impose new or additional terms or conditions on your use of the Site or the
Services. Such modifications and additional terms and conditions will be effective immediately
upon posting on the Site and incorporated into these Terms. Your continued use of the Site
following the publication of the modified Terms will be deemed acceptance of any modifications
to the Terms.
8. Disclaimers of Warranties. The Site and the Services (including all content,
resources, material and other information provided in connection therewith) are provided by
AITP on “as is” and on an “as available” basis, without warranty or condition of any kind, either
express or implied. Although AITP seeks to maintain safe, secure, accurate, and well-
functioning services, we cannot guarantee the continuous operation of or access to the Site or the
Services, and there may at times be inadvertent technical or factual errors or inaccuracies. AITP
specifically (but without limitation) disclaims (i) any implied warranties of merchantability,
fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties
arising out of course-of-dealing, usage, or trade. You assume all risk for any and all damages
that may result from your use of or access to the Site and/or the Services. AITP does not
guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the
information, content, recommendations, and materials made available through the Site.
9. Limitation of Liability. IN NO EVENT WILL ART IN THE PARK INC. OR
ANY OF THE AITP PARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STATUTE, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT
LIMITATION, THE THIRD PARTY SITES AND SERVICES PROVIDED BY THIRD
PARTY PAYMENT SERVICE PROVIDERS (OR THE INABILITY TO USE THE SAME),
THE CONTENT CONTAINED ON THE SITE AND/OR SERVICES, OR ANY OTHER
MATERIALS, RESOURCES OR INFORMATION CONTAINED IN OR ACCESS
THROUGH THE SITE AND/OR SERVICES, WHETHER OR NOT AITP HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO
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NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN
CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
10. Privacy Policy. Our Privacy Policy , describes the details
of Art In The Park’s information practices and procedures for personal information we collect on
this Site.  We strongly urge you to read our Privacy Policy prior to providing us any personal
information
11. Governing Law. These Terms, and your access to and use of this Site and the
Services, are governed by the laws of the State of New York, without regard to conflict of law
principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and
AITP agree to submit to the exclusive jurisdiction of the state courts and federal courts located
within New York County in New York State, for the purpose of litigating all such disputes.
12. General.
A. Entire Agreement. These Terms (including any other terms or agreements
referenced herein), together with our Privacy Policy, constitute the entire and
exclusive understanding and agreement between you and AITP regarding your
use of and access to the Site and the Services.
B. No Waiver. The failure to require performance of any provision shall not affect
our right to require performance at any time thereafter, nor shall a waiver of any
breach or default of the Terms constitute a waiver of any subsequent breach or
default or a waiver of the provision itself.
C. Severability. In the event that any provision of these Terms is found to be invalid
or unenforceable, such provision shall be deemed to be severed from these Terms
and the remaining parts will remain in full force and effect.
13. Notice to California Residents Under California Civil Code Section 1789.3, you
may contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint
regarding the service or to receive further information regarding use of the service.