TERMS OF USE


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WWW.INDIANAARTS.ORG WEBSITE (the "Site"). This Site is fully controlled and operated by Arts Place, Inc. ("Arts Place, "we" or "us"). By accessing the IndianaArts.org online website, whatever the Internet address or URL used, you accept to be bound by all the terms of this user contract. We may update these terms from time to time without giving you any notice. By using the services of IndianaArts.org., you agree to each of the terms set forth below.

The Purpose of this Site:

The mission of Arts Place is to nurture the creative spirit in everyone. The IndianaArts.org website is one of the many ways that Arts Place carries out that mission.

IndianaArts.org is dedicated to providing the most comprehensive and up-to-date information on the arts in Indiana. We hope that our system is easy to use and provides information of value to you. Comments and questions are always welcome (click here to contact IndianaArts.org).

IndianaArts.org is a collaborative project of Indiana's 12 Regional Arts Partners, the Indiana Arts Commission, and Traditional Arts Indiana. IndianaArts.org is owned and administrated by Arts Place, Inc., one of the 12 regional arts partners. To learn more about the Regional Partnership Initiative, visit the Indiana Arts Commission website.

RULES OF PARTICIPATION

The Site is the property of Arts Place. As such, Arts Place can and does exercise its right to establish guidelines and expectations for the use of the site and communications and information placed upon the site.

You are responsible for obtaining access to the service and that access may involve third party fees such as Internet service provider, equipment etc. You agree to pay for all hardware and services costs needed to access the Site and use the Services.

The service may contain mature or adult content. You must be at least 18 years of age to access and view such content or have the permission of your parent or legal guardian to access this Site.

To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the "Posting(s)"), please be advised that Postings do not necessarily reflect the views of Arts Place. In no event shall Arts Place assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.

By submitting a Posting, you further authorize Arts Place to use, and authorize others to use, such Postings in whole or in part, and at any location in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party.

Arts Place will not routinely prescreen the content on this Site. For this reason, Arts Place does not assume any responsibility or liability for content that is provided by others. Arts Place reserves the right to remove content that, in Arts Place's sole judgment and opinion, does not meet its standards or does not comply with the guidelines for posts and participation that follow.

Rules and Guidelines for Participation

1. The post, transmission, promotion or distribution of illegal content is not permitted.

2. Harassment, threats, communications intended to embarrass or to do anything else to another person or institution that is harmful or offensive is not permitted.

3. Communications that is or is intended to be unduly harmful, abusive, racially or ethnically offensive, vulgar, or pornographic is not permitted. Disparaging comments regarding gender, race, ethnicity, color, age, handicap are not permitted.

4. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Arts Place; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.

5. Your posts must comply with copyright and trademark laws. Your posts, messages, forum participation and other materials placed by you on this site are considered "public." By submitting or posting content here, you are representing that you are the owner of such material or have authorization to distribute it. Once posted, you expressly agree to allow, and grant Arts Place the right, to use, reproduce, modify and/or distribute the content anywhere and in form and manner desired by Arts Place.

6. You will not use the service to harm minors in any way, or encourage interactions with minors of a sexual nature.

7. You will not manipulate the service so as to hide your identity or participation on the site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

8. You agree to not use the service to transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

9. You agree to not use the service to transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

10. If you use the data, content and/or materials from this site for any purpose not expressly permitted in these Terms, violate any of the other guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the service without prior notice;

11. You agree to not use the service intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law.

If you believe that any information provided on this Site violates the Rules and Guidelines of Participation, Terms of Use of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.

Penalty for Violations

Arts Place reserves the right and will do the following in the event it deems there to be a violation(s) of the considerations or rules and guidelines for participation:

A. Issue a warning to the violator.
B. Terminate and remove the violator's post or message.
C. Terminate the violator's ability to use a password.

None of the foregoing is intended to create any procedural or legal rights in or for participants on the Site. The foregoing is Arts Place's unilateral statement of rights and privileges for regulation of its website and components.

HYPERLINKS TO THIRD PARTY SITES

The appearance of external hyperlinks does not constitute endorsement by Arts Place or its affiliates of the opinions or views expressed by these linked websites and Arts Place does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Arts Place is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Arts Place or its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall Arts Place assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Arts Place will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.

Copyright

The service is protected by U.S. copyright laws and other intellectual property laws. You acknowledge and agree that Arts Place's Site and any necessary software used in connection with Arts Place's Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in sponsor advertisements or the information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Arts Place or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.

Disclaimer of Warranties

The web changes constantly and no searching or indexing techniques can possibly include all pages accessible on the web in its index of sites. As a result, Arts Place does not and cannot guarantee that your search results will be complete or accurate, or that the links associated with the index will be complete or accurate or active at the time of your search. The web sites included in the index are developed by people we do not control. We are not liable for the content of any site included in the index, and are not responsible for any errors or omissions contained in the service (or any site you may link to from the service), or any offensive or objectionable content contained in the service (or any site you may link to from the service).

You understand and agree that your use of our service is at your sole risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You understand and agree that the service, index and all information included or accessible from the service, are provided on an "As is"; "Where is" and "Where available" basis, and are subject to change at any time without notice.

You understand and agree that Arts Place does not guarantee that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected. Product offers, rates, terms and other information provided herein are subject to change without notice.

Limitation of liability

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Arts Place is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTS PLACE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ARTS PLACE OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall BOA's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

MISCELLANEOUS

Arts Place operates and controls this site from its offices at 131 East Walnut Street, Portland, IN, 47371, United States of America. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

ASSIGNMENT OF RIGHTS AND INDEMNIFICATION

If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant Arts Place permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, Arts Place will have the right to use and change the Postings in any manner that Arts Place may determine. Please be advised that in no event shall Arts Place assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on Arts Place's websites, affiliated programming services or elsewhere.

You further agree to indemnify, defend and hold harmless, Arts Place, Inc. its affiliates and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. Arts Place reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Arts Place in asserting any available defenses.

This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Indiana applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Indiana and County of Jay.

HOW TO CONTACT US

For questions or comments on the IndianaArts website, Terms of Use or Privacy Policy, contact by clicking here or:

Arts Place, Inc.
131 East Walnut Street
P.O. Box 804
Portland, IN 47371


012806