Terms of Use

BACKSTREET COMMUNITY ARTS WEBSITE TERMS OF USE

Website © 2022 Backstreet Community Arts, Inc.
Last updated: March 1, 2022

Acceptance of Terms of Use

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this website (the “Site”). Please read the Agreement carefully. The Site contains various information relating to Backstreet Community Arts, Inc. (“We” or “Us”) in the form of text, graphics, images, news, data, reports, and other materials (“Content”). By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the Agreement (and therefore do not agree to be bound by the Agreement), do not use the Site. We reserve the right to amend the Agreement at any time by posting the amended terms on the Site and changing the “last updated” date.

Use of Site and Content

You acknowledge that the Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Us or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time claim ownership over any Content by reason of your use of or any right to use the Site and shall not grant, create, or modify any lien or other security interest or legal right arising therefrom. You agree to comply with all copyright and trademark laws, and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, redistribute, sell, offer for sale, modify, or create derivative works based on any Content, in whole or in part, without proper authorization from Us. You may view, print, store, archive, and use the Content on the Site (maintaining all copyright notices, trademark legends, and other proprietary rights notices and without alteration, website framing, or redaction) solely for your personal, noncommercial use or for the benefit of Us. You shall not store electronically any significant portion of any Content. We authorize you to view and use the Content on the Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Our prior written approval. We reserve all other uses of the Site.

You will use the Content and the Site for only lawful purposes. You are prohibited from using the Content or the Site to (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage any network, system, computer, or physical or intangible property; or (iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Third-Party Websites

The Site provides links to third-party websites (“Third-Party Sites”) for specific purposes, such as making donations and scheduling activities. While We strive to provide accurate and quality information, We do not endorse any content on a Third-Party Site. We are not responsible for the content of any Third-Party Site, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and We shall have no liability of any nature whatsoever in relation to any of the foregoing. Visit Third-Party Sites at your own risk and take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. Your use of a Third-Party Site and the collection and use of your personal information at such site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by this Agreement or the Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.

Disclaimer of Warranty

 

The Content provided on the Site is provided as a service to members of the public. Information presented on the Site and in newsletters provided by Us are provided for informational purposes only. No information presented on the Site or in Our Newsletter constitutes legal, financial, or medical advice, nor does it create an attorney–client, doctor–patient, fiduciary, or counseling relationship between Us and you or any other party. You acknowledge and agree that the Site and the Content therein are provided on an “as is” and “as available” basis. None of Us, any of our respective officers, directors, employees, agents, volunteers, contributors, or licensees (collectively the “Site Parties”) guarantees the accuracy, completeness, or usefulness of any of the Content on the Site or in Our newsletters. There are no third-party beneficiaries to this Agreement.

None of the Site Parties warrants that the Site will be uninterrupted or error-free or that the Site, its server, or any files available for downloading through the Site are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the Content is assumed solely by you.

None of the Site Parties makes any, and hereby specifically disclaims any, representations, endorsements, guarantees, or warranties, express or implied, regarding the Site, any Content, and Our newsletters, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, all of the Site Parties disclaim any warranties with respect to any results that may be obtained from the use of the Site.

Limitation of Liability

Under no circumstances will any Site Parties be liable for any loss or damage caused by your reliance on information obtained through the Content on the Site, including without limitation any loss or damage caused by your reliance on information obtained from Third-Party Sites to which this Site is linked. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any Content available through the Site.

In no event shall any Site Parties be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the Content, service, or the agreement, whether based on warranty, contract, tort, or any other legal theory.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, or incidental damages, in such jurisdictions, Site Parties’ liability is limited to the greatest extent permitted by law.

Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.

No Framing Allowed

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. None of the Content for our Site may be retransmitted without Our express written consent.

Copyright Complaints

Any notification of claimed infringement under the Digital Millennium Copyright Act should be directed to dream@backstreetart.org. To be considered effective, a notification of a claimed copyright infringement must be sent to the aforementioned email address and must include the following information:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
  3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed; and
  5. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

User Must Comply with Applicable Laws

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Miscellaneous

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If We fail to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between you and Us nor trade practice shall act to modify any provision of the Agreement.

The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site, or Agreement must be brought in the federal or state courts located in Atlanta, Georgia or the county in which We primarily operate, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site, or the Agreement must be commenced within one (1) year after the claim or cause of action arose, or is barred. Additional written terms and conditions posted on the Site or executed in writing with You, including, but not limited to, a Privacy Policy, govern use of the Site and Content and supersede any oral or other communication between the parties concerning the Site and Content.