ARTS FOR GOOD TERMS AND CONDITIONS

(Last Updated April 11, 2020)

 

  1. Overview
  2. The Services
  3. Registration
  4. Account Security
  5. Passwords and Account Access
  6. Updates Terms
  7. Privacy and Data Protection
  8. Applicability
  9. Terms for Purchase
  10. Terms and Conditions for Artists:
  11. Terms and Conditions for Buyers
  12. Terms and Conditions for Charity
  13. Our Refunds Policy
  14. Selling Arts on our website
  15. Eligibility and Legal Capacity
  16. Service Content
  17. Ownership
  18. Intellectual Limited License
  19. Rights of Others
  20. Your Use of Our Material
  21. Copyright and Limited License
  22. Repeat Infringer Policy
  23. Copyright Complaints
  24. Trademarks
  25. Accounts Suspension
  26. International Use
  27. Cookies Notice
  28. Third Party links
  29. User Content and Conduct
  30. Warranty
  31. Waiver of Injunctive or Other Equitable Relief
  32. Indemnification
  33. User Content Responsibilities
  34. Disclaimer
  35. Limitation of Liability
  36. Modifications to the Services
  37. Electronic Communications
  38. Children’s Privacy Policy
  39. No Reliance
  40. Local Regulations
  41. Residents of California
  42. CCPA Consumer Rights
  43. Data Protection and Privacy
  44. Reporting Violations
  45. Binding Arbitration of All Disputes; No Class Relief.
  46. Our GDPR Obligations
  47. Sub-Processing
  48. Governing Law and Venue
  49. Termination
  50. Severability
  51. Copyright License
  52. Contact Us

 

 

  1. Overview

 

Welcome to Arts for Good website provided by www.artsforgood.net. This terms and conditions has been created to Comply with all European Union General Data Protection Regulation (GDPR), And the new Law on Data Protection that will be enforced henceforth,

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS, DOWNLOAD OR USE THE APPLICATION.

 

These Terms of Use (“Terms“) apply to your access to, and use of, or Website of Arts for Good (hereinafter referred to as “Arts for Good“), including www.artsforgood.net, or other products, arts or services relating to Arts for Good. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us (collectively, the “Services“) for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Arts for Good if you violate these Terms.

 

  1. The Services

 

Arts for Good is an NGO platform who strive to bring artists and charities together in order to raise money for non-profits all around the world. We continue to utilize the talents of others to make the world a better place. By accessing or using our website, you become an Arts for Good user (“User”).

 

Users who is either byer, an artist or a charitable entity (charities) that they wish to have an account with us may elect to create a profile for their use (“Profile”). Each User who creates a Profile becomes a user on the Arts for Good website (a “user”). Arts for Good is an intermediary NGO platform that brings together Artists and prospective Charities.

 

  1. Registration

 

You may create an account on our website to join our projects. To do so, you must provide your full name, email address and Gender etc. You consent to grant Arts for Good access to your identity.

 

  1. Account Security

 

You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately

 

  1. Passwords and Account Access

 

The user who created the Arts for Good account (the “Account Owner”) has access and control over the Arts for Good account and the Arts for Good ready devices that are used to access our service and is responsible for any activity that occurs through the Arts for Good account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Arts for Good ready devices that are used to access the service and not reveal the password or details of the user associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Arts for Good or our partners from identity theft or other fraudulent activity.

 

  1. Updates to Terms

 

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to our updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

 

  1. Privacy and Data Protection

 

Our Privacy policy explains how we treat your personal data. By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from Arts for Good Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy policy to learn more about personalization.

 

  1. Applicability

 

These terms and conditions apply to every user or users on our website. Prior to the conclusion of a purchase of arts or art provision, the text of these general terms and conditions will be made available to the user.

 

  1. Terms for Purchase


Our Terms for sale applies to your purchase of any arts and other products through the Arts for Goods website. Should any conflict arise, these Terms and other Terms set up by the artists, these Terms for sale will prevail. These Terms for purchase and all sales of an art are conditioned upon your agreement to these Terms for purchase

 

During the purchase of an arts or products, you will be required to pay for taxes or fees depending on the country or region you are placing your order from. You must pay for such taxes, which is included in the purchase price of the art or product on sale. You will be responsible for paying all shipping charges applicable to the order; the costs will be visible on the checkout page for you to verify, correct, or change.

 

We will contact you to make any correction to the order before processing for shipping.  All orders are FOB shipping point, which means the title of the goods passes to you upon shipment. Artists will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at the time of order. Arts for Goods. Or the artists reserve the right to substitute another shipping vendor to deliver the order. Arts for Goods. is not responsible for any delays in shipping and other costs that may arise from the suspension

 

  1. Terms and Conditions for Artists:

 

If you register as an artist on the artsforgood.net website, you agree to the following terms:

 

  • Arts for Good has the right to cancel your account without any notice for any reason, if you are found violating any of our terms.
  • You as an artist will be responsible for the shipping cost and delivering the purchased art work in a good and acceptable condition. You also agree to provide 100% satisfaction guarantee to the buyer for every sale of art.
  • As an artist on the artsforgood.net you accept that the percentage for any art work can’t exceed 65%.
  • Arts for good will charge a 5% fees on each art work sold on the artsforgood.net website.
  • “Arts for Good” are not responsible for any shipping damage, wrong information, regarding pricing or damaged art.
  • The artist is responsible about his art work description, pricing and delivery.
  • Arts for Good will not be held responsible for any deals or transaction carried outside Arts for Good website or authority.
  • You certify under the penalty of perjury that you made this art work you are selling by yourself.
  • Arts for Good will not pay you or your guest any damage caused by your art work. The artist is responsible for such damage.
  • Arts for Good will credit the exact artist percentage in your chosen payment method you provided.
  • In case of in person events Arts for Good is not responsible about any damage for your art work and for you any  “ all listed but not limited to “  physically, emotionally for you or your guests, Arts for Good will not pay for any damage for your art work or any other damage for you or your guests. 
  1. Terms and Conditions for Buyers

 

If you register as a buyer on the artsforgood.net website you accept and agree to the following terms and conditions below:

 

  • Any sale or purchase of an art from an artist on the artsforgood.net site is between you and the artist and not Arts for Good.
  • Arts for Goods is just a connection between you (buyer) and the artists (sale of Arts)
  • The artist is responsible about his art work description, pricing and delivery “Arts for Good” are not responsible for any shipping damage, wrong information, regarding pricing or damaged art.
  • For every sale of art, a percentage will be divided into two (2) which will be shared between the artist and the charity organization; the percentage going to charity and artist is decided by each individual artist. The artist percentage cannot exceed 65% and the charity percentage will not be less than 25%. For more information please contact us.
  • Arts for Good will be in charge of disbursing each percentage to both artist and charity organization after receiving the payment for purchase.
  • Sending of tax donation will be carried out by the non-profit organization, please contact the respective non-profit organization for all tax letter requests.
  • Arts for Good provide the artsforgood.net platform without no fault, we will not be held responsible for the originality, or authenticity of any artwork found or purchased on our website. Please contact the artist in question for any complaints or copyright issues regarding his/her art work.
  • Arts for good do not chose event places or organize any charity event, in case of in person events, “Arts for Good” will not be held responsible for any personal, emotional, physical, or any other damage caused by such event.

 

Arts for Good has the right to cancel your account without any notice for any reason, if you are found violating any of our terms.

 

  1. Terms and Conditions for Charity

 

If you register as a Charity on the artsforgood.net website you accept and agree to the following terms and conditions below:

 

  • Arts for Good has the right to cancel your account without any notice for any reason, if you are found violating any of our terms.
  • You agree and certify under the penalty of perjury that the purpose of your charity and all information about your organization are accurate.
  • For any art work the charity percentage will never be less than 25% from the selling price and will never exceed 90%.
  • Arts for Good will credit the charity percentage in your chosen payment method you provided.
  • As a non-profit, you will be responsible to provide the donor tax exemption letter.
  • Arts for Good will not be responsible if any artist gives the wrong idea about his/her art work or mislead a buyer to purchase his/her artwork.
  • Arts for Good can cancel any event without notice if the purpose of the event doesn’t match our acceptable policy.
  • You as a non-profit agree to register your organization properly in your country of origin and possess all required documentation to function as a non-profit organization on our platform.
  • Arts for Good will not be held responsible for any “ all listed but not limited to “ physical, emotional, damage caused by the event created by any organization registered on our platform.
  • As a charity organization, you are responsible to explain to the public the purpose of your organization and how you use the money generated.
  • Arts for Good is not a party to a dispute between you (artists) and any charity organization in case of any law suit.
  • All sales of arts are final and non-refundable, if you like to change or return any art work please contact Arts for Goods.

 

  1. Our Refunds Policy

 

All sales and purchases on the Arts for Good platform via the artsforgood.net site are final. We do not accept any returns or provide refunds for your purchase of arts from Artists, except as otherwise provided in these Terms. For more information please contact us.

 

  1. Selling Arts on our website

 

You may sell arts and other products through your user account dashboard granted to you by Arts for Goods. If you sell any arts, you must fulfill the orders of any arts and products yourself; Arts for Goods. is merely providing you with the platform to complete the transaction. You, as a client, acknowledge that the display of any arts is performed by an artists, and artsforgood.net is merely assisting the transaction process.

 

During purchase, you will be required to connect your account with our third-party payment service provider to process and accept your purchase. These payment services are governed by their service provider’s terms of service and privacy policy. Please endeavor to read their terms of service and privacy policy before proceeding. We will not be responsible for the actions of these third-party service providers. You, as an individual artist, now state that you have the full right to sell such art, and the products comply with all laws. You may not offer or any products that infringe or have the potential to violate the rights of another artists. We reserve the right to remove your account or any content altogether if it violates these Terms of Service. You agree to pay the appropriate transaction commission fees on the subtotal (before shipping, taxes, and discount) to Arts for Goods.

 

  1. Eligibility and Legal Capacity

 

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

 

  1. Service Content

 

The Arts for Good Services contain a variety of:

 

  • materials and other items relating to Arts for Good and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Arts for Good Services, and the compilation, assembly, and arrangement of the materials of the Arts for Good Services and any and all copyrightable material (including source and object code);
  • trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Arts for Good (collectively, “Trademarks”); and
  • Other forms of intellectual property (all of the foregoing, collectively, “Content”).
  •  

 

  1. Ownership

 

The Arts for Good Services (including past, present, and future versions) and the Content are owned or controlled by Arts for Good, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available on or through the Arts for Good Service is the property of Arts for Good or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Arts for Good owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Arts for Good Services.

 

  1. Intellectual Limited License

 

Subject to your strict compliance with these Terms and any Additional Terms, Arts for Good grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in Arts for Good’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.

 

  1. Rights of Others

 

When using any Service, you must respect the intellectual property and other rights of Arts for Good and other users. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

 

  1. Your Use of Our Material

 

Your right to make use of the Arts for Good Service and Material or other content appearing on our site is subject to your compliance with these Terms. You may not modify, or use the Material or any other content related to our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by us.

 

You may access and display Material and all other content displayed on our site for non-commercial, personal, entertainment use on any computer, tablet, or mobile device you own or control. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Arts for Good. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.

 

  1. Copyright and Limited License

 

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Arts for Good logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Arts for Good Materials”) are the proprietary property of Arts for Good or our licensors or users and are protected by United Kingdom and international copyright laws.

 

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Arts for Good Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Arts for Good Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Arts for Good Materials; (d) modifying or otherwise making any derivative uses of the Services and the Arts for Good Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Arts for Good Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Arts for Good Materials other than for their intended purposes. Any use of the Services or the Arts for Good Materials other than as specifically authorized herein, without the prior written permission of Arts for Good, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.

 

  1. Repeat Infringer Policy

 

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Arts for Good has adopted a policy of terminating, in appropriate circumstances and in Arts for Good’ sole discretion, users who are deemed to be repeat infringers. Arts for Good may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

  1. Copyright Complaints

 

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

For the requirements of a proper notification.

 

Name of Designated Agent:
Address:

Telephone Number:
Fax Number:

E-Mail Address: 

 

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

  1. Trademarks

 

The Arts for Good logos, the slogan and any other Arts for Good’ product or service name or slogan contained on the Services are trademarks of Arts for Good, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Arts for Good or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Arts for Good” or any other name, trademark or product or service name of Arts for Good without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Arts for Good and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

  1. Accounts Suspension

 

Arts for Good reserves the right, without any obligation, to remove or refuse to deliver any User Content on Arts for Good Website, to suspend or terminate users, and to block participants of Arts for Good [services] without liability to us, including where such User Content, in our sole discretion, violates our Code of Conduct or any Terms or policies or Guidelines or any additional terms, or that we otherwise find objectionable.

 

  1. International Use

 

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside USA. Those who choose to access this site from other locations do so on their wish and are responsible for compliance with all local laws. Any offer for any product, service, or information made in connection with this site is void.

 

  1. Cookies Notice

 

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.

 

Some of the cookies we use are essential for our Sites to function correctly – for example keeping track of items that have been added for purchase or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

 

  1. Third Party links

 

Arts for Good may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Arts for Good does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Arts for Good is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.

 

  1. User Content and Conduct

 

The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

 

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the FTC rules regarding endorsements;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Arts for Good, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Arts for Good or our users to any harm or liability of any type.

 

You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:

 

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features.

 

Arts for Good takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Arts for Good liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Arts for Good’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.  Although Arts for Good has no obligation to screen, edit or monitor User Content, Arts for Good reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of an Arts for Good promotion), Arts for Good claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Arts for Good a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites.

 

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

 

  1. Warranty

 

Arts for Good services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, Arts for Good expressly disclaims all warranties, whether express, implied or statutory, regarding our website or contents including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Arts for Good makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from Arts for Good website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

 

  1. Waiver of Injunctive or Other Equitable Relief

 

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF ANY SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER SUBMISSION PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CROWDFUNDER (INCLUDING YOUR LICENSED USER SUBMISSIONS) OR A LICENSOR OF CROWDFUNDER.

 

  1. Indemnification

 

You agree to defend, indemnify and hold harmless Arts for Good, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

 

  1. User Content Responsibilities

 

  • Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
  • You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
  • The Services may contain links or connections to third party websites or services that are not owned or controlled by Arts for Good. When you access third party websites or use third party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
  • Arts for Good has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Arts for Good will not and cannot monitor, verify, censor or edit the content of any third party site or service.
  • Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
  • If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that Arts for Good is under no obligation to become involved.

 

  1. Disclaimer

 

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ARTS FOR GOOD, THE SERVICES AND ARTS FOR GOOD MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARTS FOR GOOD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ARTS FOR GOOD DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ARTS FOR GOOD MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE ARTS FOR GOOD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, ARTS FOR GOOD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

WITHOUT LIMITING THE FOREGOING, ARTS FOR GOOD DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

 

  1. Limitation of Liability

 

IN NO EVENT SHALL ARTS FOR GOOD, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE ARTS FOR GOOD MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ARTS FOR GOOD’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTS FOR GOOD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ARTS FOR GOOD FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

  1. Modifications to the Services

 

Arts for Good reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Arts for Good will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

 

  1. Electronic Communications

 

For contractual purposes, you (1) consent to receive communications from Arts for Good in an electronic form such as email, and push notifications to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Arts for Good provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

 

  1. Children’s Privacy Policy

 

Arts for Good respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 18. This Site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Arts for Good services to children under 18 years of age except as permitted by COPPA. However we may provide our service to children under 18 years of age but in supervision of a parental guardian.

 

  1. No Reliance

 

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.

 

  1. Local Regulations

 

We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States of America or the country you reside in.

 

  1. Residents of California

 

If you are a resident of California, you have certain rights and protections under the California Consumer Privacy Act (“CCPA”).

 

  1. CCPA Consumer Rights 

 

The CCPA requires us to communicate information about rights California consumers have with respect to their personal information (as defined within the CCPA). These rights include the right to request: access to their personal information; deletion of their personal information; additional details about our information practices; the categories of personal information sold in the preceding 12 months and the categories of third parties to whom the personal information was sold; the categories of personal information shared within in the preceding 12 months; to opt out of the “sale” of their personal information, and to not be discriminated against. For details about how to exercise these rights, please see “Your Choices” on our Privacy Policy to exercise your rights by sending us an email with your request, or you may contact us through our email below. California consumers may also designate an authorized agent to exercise these options on their behalf. If you would like to use an authorized agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you choose to exercise your rights related to your personal information.

 

  1. Data Protection and Privacy

 

By using Arts for Good, you agree to the collection, transfer, storage and use of your personal information by Arts for Good on servers located in U.S. as further described in our Privacy Notice. You and Arts for Good shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Arts for Good and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

 

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law.

 

This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Arts for Good exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

 

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

 

  1. Reporting Violations

 

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

 

  1. Binding Arbitration of All Disputes; No Class Relief.

 

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Arts for Goods and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

 

No Representative Actions

 

You and Arts For Goods agree that any dispute arising out of or related to these Terms or our Services is personal to you and Arts For Goods and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

 

Arbitration of Disputes

 

Except for small claims disputes in which you or Arts For Goods seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Arts For Goods seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Arts For Goods waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Arts for Goods or relating in any way to the Services, you agree to first contact Arts for Goods and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Arts for Goods by email at Info@artsforgood.net The Notice must

 

  1. Include your name, residence address, email address, and telephone number;
  2. Describe the nature and basis of the claim; and
  3. Set forth the specific relief sought.

 

Our notice to you will be similar in form to that described above. If you and Arts for Goods cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

 

The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

The arbitrator, Arts for Goods, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Arts for Goods will not have the right to assert the claim.

 

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to Info@artsforgood.net. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.

 

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.

 

  1. Our GDPR Obligations

 

We Undertake To:

 

  • Process the personal data within the services specified in this terms only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
  • Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
  • Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  • Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights;
  • Assist You In Ensuring Compliance With The Obligations Pursuant To Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
  • At your choice, delete or return all the personal data to you after the end of the provision of services relating to processing, and delete existing copies unless applicable law requires storage of the personal data;
  • Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.

 

  1. Sub-Processing

 

We shall engage third party processor (i. E. A sub-processor) only in accordance with this terms. The mechanism hereby stipulated shall be considered a general written authorization from you pursuant to article 28 par. 2 Of the GDPR. If we engage another processor for carrying out specific processing activities on your behalf, the same obligations as set out in this terms shall be imposed on that other processor by way of a written contract.

 

The sub-processors currently engaged by us and hereby authorized by you are listed in the privacy policy. We will inform you of any intended changes concerning the addition or replacement of other processors, including full details of the processing to be undertaken by the new processor(s), giving you the opportunity to object to such changes.

 

If you have a reasonable basis to object to our use of another new processor, you shall notify us promptly in writing within 5 days after being notified. For the avoidance of doubt, you hereby agree that if you are not able to show evidence that the new processor provides an unacceptable risk to the protection of personal data (e.g., the other processor has a history of security breaches) or is your direct competitor, it would be unreasonable for you to object if the other processor has passed our vendor security evaluation.

 

Notwithstanding the foregoing, if you object to the engagement of another processor and your objection is not unreasonable, the parties will come together in good faith to discuss an appropriate solution. We may in particular choose not use the intended processor, or engage Arts for Good the processor only after we take the corrective steps and / or measures requested by you.

 

  1. Governing Law and Jurisdiction

 

This Agreement shall be governed and construed in all respects by the United State of America Laws and the City of California laws, accordingly implemented including the required EU GDPR regulation and every country law we aim to do business. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Arts for Good both agree to submit to the non-exclusive jurisdiction of the U.S. Laws; for claims falling within the jurisdiction of a California Court, you and Arts for Good both agree to submit to the jurisdiction of the California Laws.

 

Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

 

  1. Termination

 

Arts for Good reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

 

  1. Severability

 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

  1. Copyright License

 

Copyright (c) 2020(s) of first publication Arts for Good website. Subject to the express provisions of these terms and conditions:

 

  1. We, together with our licensors, own and control all the copyright and other intellectual property rights in Arts for Good website and the material on our website; and
  2. All the copyright and other intellectual property rights in Arts for Good website and the material on our website are reserved.

 

  1. Contact Us

 

If you have any questions about these Terms & condition, please contact us at Email: info@artsforgood.net