Friday, April 18, 2014
 

Website Terms and Conditions

Terms of Use

PLEASE NOTE: YOUR ACCESS AND USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT (“User Agreement”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE

This Agreement is between you (“you”) and Clancco (“we,” “us”) concerning your use of our online site currently located at http://www.clancco.com (together with any successor site(s) and all Services (as defined below), the “Site”).

1. Acceptance of Terms. The Site is made available by us subject to this Agreement.  We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site.  You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above.  Your use of the Site following changes to this Agreement will constitute your acceptance of those changes.  We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.

2. Jurisdictional Issues. The Site is controlled and operated by us from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws.  The Site may not be appropriate or available for use in any particular jurisdiction other than the United States.  If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.  You are also subject to United States export controls and are responsible for the violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  We may limit the Site availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

3. Description of the Services. We provide Site users with access to services and content of interest to members of the arts community, which services and content may include, without limitation, the following: (a) services such as information about us, research tools, databases, articles and other educational information, legal and other resources, and links to third-party websites; and (b) content such as photographs, graphics, images, text, data and other similar content (such content and services, collectively, the “Services“).

While the information on this site concerns legal issues, it is not legal advice.  Moreover, use of the Site is not intended to constitute, and does not constitute, a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of the Site.  Anyone accessing information on the Site should not act without first seeking legal counsel.  Further, information available on the Site is general in nature, and may not apply to particular factual or legal circumstances.

We reserve the right, with or without prior notice, to discontinue the Site or any Services or to refuse to provide any user with access to the Site or any Services. 

4. Rules of Conduct. If you use the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.  We may terminate your use of the Site for any conduct (actual or suspected) that we consider to be inappropriate.  Further, you agree that you will not:

  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity; falsely state or misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without our express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.

Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

5. Third-Party Resources. Descriptions and images of, and references to, third-party resources or services appearing on the Site (“Resources”) do not imply our endorsement of such Resources.  All descriptions, images, references, features, content, specifications, services, products and prices described or depicted on this Site, are subject to change at any time without notice.  References to any Resources on this Site at a particular time do not imply or warrant that these Resources will be available at any time.

6. Our Proprietary Rights. We and our licensors and suppliers own the information and materials made available through the Site.  Such information and materials are protected by copyright, trademark, patent and other proprietary rights and laws.  Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Our trade names, trademarks and service marks include, without limitation, “Clancco,” “Clancco: Art & Law,” “Clancco.com,” the Clancco logo, and other associated logos.  All trademarks and service marks on the Site not owned by us are the property of their respective owners.  You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

7. Links. The Site may provide links to other web sites and online resources.  You acknowledge and agree that we are not responsible for and do not endorse such external sites or resources; YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.  We reserve the right (but do not have any obligation) to block any links to or from the Site.

8. Disclaimers. THE SITE, AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

9. Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted.  The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement.  Additionally, third parties may make unauthorized alterations to the Site.  If you become aware of any unauthorized third-party alterations to the Site, contact us at Sergio_sarmiento@clancco.com with a description of the material(s) at issue and the URL or location of such materials.

10. Indemnity. You agree to defend, indemnify and hold us harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

11. Termination. This Agreement is effective until terminated.  We may, at any time and for any or no reason, terminate your access to or use of the Site.  Upon any such termination, your right to use the Site will immediately cease.  You agree that we shall not be liable to you or any third party for any termination of your access to the Site.  We may take any steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site).  Sections 2-13 and 17-19 shall survive any expiration or termination of this Agreement.

12. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law.

13. Arbitration.  THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.  All disputes arising under or relating to this Agreement shall be settled by a single arbitrator in an arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”), as modified by this Agreement.  The Arbitration Rules are available online at http://www.adr.org/sp.asp?id=22440.  To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.  Any in-person appearances requested by the arbitrator shall be held in the county of New York in the State of New York.  Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall be final and binding.  The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing herein shall preclude us from seeking any injunctive relief in U.S. state or federal courts for protection of rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the County of New York in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

14. Contact Us. If you have any questions regarding the meaning of application of this Agreement, please direct such questions to Sergio_sarmiento@clancco.com.  Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

15. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/).  Please note that we do not endorse any of the products or services listed at such site.

16. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to Sergio_sarmiento@clancco.com.  You may also contact us by writing to Clancco, 310 Powers St., 3-L, Brooklyn, NY 11211, or by calling us at 915.490.9064.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

17. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a notice requesting that we remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices should be sent to:

Sergio Sarmiento
Clancco310 Powers St., 3-L
Brooklyn, NY 11211
T: T 915.490.9064
E: Sergio_sarmiento@clancco.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.

18. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

19. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any other provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  This Agreement hereby incorporates by this reference any additional terms that we post on the Site and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  Notices to you may be made via posting to the Site.  We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  You agree that 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.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control. 

Site © 2006-2011 Clancco, unless otherwise noted.  All rights reserved.

 
Legal

Clancco, Clancco: The Source for Art & Law, and Clancco.com are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

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