Last Modified: May 19, 2020
The Services are offered and available to users who are 16 years of age or older. By using the Services, you represent and warrant that you are 16 years of age or older. If you are under age 16, you must not access or use the Services.
3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY.We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, including, without limitation, the entire Website, to users, including members and donors.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Unless you have AWA’s permission (or the individual artists with respect to the artist’s work) you must not:
- Modify copies of any materials or information from this Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
(b) Trademarks. The American Women Artists name, the AWA logo and all related names, logos, product and service names, designs and slogans are trademarks and service marks of AWA or its licensors. You must not use such marks without the prior written permission of AWA. All other names, logos, product and service names, designs and slogans used on this Website or in the Services are the trademarks and/or service marks of their respective owners.
- In any way that is unlawful (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any third party’s intellectual property rights or these Terms of Service.
- To impersonate or attempt to impersonate AWA, any AWA personnel, any AWA member, another user or any other person or entity (including, without limitation, by using e-mail addresses, artwork, or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm AWA or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services.
- Use any manual process or robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Use any device, software or routine to attempt to gain unauthorized access to, damage, disrupt, or otherwise attempt to interfere with the proper working of the Services or any server, device or database connected to the Services.
5. USER CONTRIBUTIONS. The Website does not contain any interactive features that allow users to post content or materials, but members may submit images and descriptions of their artwork, and articles, updates, submissions, comments and suggestions (collectively, “User Contributions”) to AWA to be displayed on or through the Services. Any User Contribution you provide to be posted to the Website is considered non-confidential and your original work. By providing any User Contribution, you grant us and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform publicly, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the rights granted above to us and our service providers, and their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not AWA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You understand that AWA will attempt to review information submitted but AWA is not responsible for the accuracy of any information submitted by any user.
WE ARE NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS PROVIDED BY YOU OR ANY OTHER USER OF THE WEBSITE.
(a) Monitoring and Enforcement; Termination. We have the right to:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including without limitation, the removal, editing, modifying, or refusal to post any User Contribution.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate, in accordance with applicable law, with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any materials to be posted on or through the Website. YOU WAIVE AND HOLD HARMLESS AMERICAN WOMEN ARTISTS, AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMERICAN WOMEN ARTISTS DURING OR AS A RESULT OF ANY LAW ENFORCEMENT AUTHORITIES’ INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY AMERICAN WOMEN ARTISTS OR LAW ENFORCEMENT AUTHORITIES.
AWA assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. If you have any complaints regarding any User Contributions, please contact us at: firstname.lastname@example.org.
(b) Content Standards. These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must be accurate and must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote any illegal activity, or advocate, promote or assist any unlawful act, including the promotion of sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person or cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising without AWA’s prior written consent.
- Give the impression that they emanate from or are endorsed by us or any other person or entity without AWA’s prior written consent.
6. COPYRIGHT INFRINGEMENT. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials displayed or accessible on or from the Services (including the Website) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to us at email@example.com. It is AWA’s policy to terminate the accounts of repeat infringers.
7. RELIANCE ON INFORMATION POSTED. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users and third-parties. All information, statements and/or opinions expressed in these materials other than the content provided by AWA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AWA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
AWA reserves the right to alter or change the Services and the Website as it deems fit.
8. CHANGES TO THE WEBSITE. We may update the content available through the Services from time to time, but any of the material available through the Services may be out of date or incomplete at any given time, and we are under no obligation to update such material. From time to time, AWA may issue an update to the Services, which may add, modify, and/or remove features; these updates may be pushed out automatically with little or no notice.
11. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES. You may link to our web pages and blog posts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by any other site without proper attribution.
- Link to any part of the Website without proper attribution.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
12. LINKS FROM OUR WEBSITE If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. GEOGRAPHIC RESTRICTIONS The owner of the Website is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. DISCLAIMER OF WARRANTIES You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMERICAN WOMEN ARTISTS NOR ANY PERSON ASSOCIATED WITH AMERICAN WOMEN ARTISTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER AMERICAN WOMEN ARTISTS NOR ANYONE ASSOCIATED WITH AMERICAN WOMEN ARTISTS REPRESENTS OR WARRANTS THAT THE SERVICES, AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
AMERICAN WOMEN ARTISTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION ON LIABILITY IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF AMERICAN WOMEN ARTISTS AND ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO AMERICAN WOMEN ARTISTS FOR ACCESS TO THE APPLICABLE SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Comments and Concerns
This Website and the Services are operated by American Women Artists.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
AWA was one of the first organizations that approached me to join when I was starting out. I was thrilled to be showing with artists of their caliber.
AWA Master Member, CO