Last Updated: August 9, 2023 Art Bridges Foundation, along with its affiliates (hereinafter referred to as “Art Bridges,” “us,” ”we,” ”our,” or “Company”), provides this Terms & Conditions applies to users and clients of the Art Bridges’ website, mobile applications, and digital assets (collectively, our “Services”).
Please carefully read these Terms & Conditions before using our services.
If you do not agree to the Terms & Conditions, then you must not use our services. If you violate the Terms & Conditions, we reserve the right to deny you access to our services, together with any and all other legal remedies.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.
We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the services. 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.
All registered and unregistered trademarks visible or accessible through our services are trademarks of the company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of us, or our owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the services or its related content:
a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information;
b) to solicit others to perform or participate in any unlawful or prohibited acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content;
(e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or otherwise attempt to mislead or impersonate another;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of services including our website (or related website, other websites, or the internet) or services;
(h) to collect or track the Information of others;
(i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware;
(j) for any damaging, obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or services, including those to prevent copying of content or that limit use;
(l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
(m) systematically retrieve data or other content from the services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(n) make any unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
(o) use a buying agent or purchasing agent to make purchases on the website;
(p) use the services to advertise or offer to sell goods and services;
(q) engage in unauthorized framing of or linking to the services;
(r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the services;
(t) sell or otherwise transfer your profile;
(u) use the services as part of any effort to compete with us or otherwise use the services and/or the content for any revenue-generating endeavor or commercial enterprise;
(v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website;
(x) upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the services;
(y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the services, or using or launching any unauthorized script or other software; or
Our Services, including our website and any mobile applications, are intended only for users over the age of eighteen (18).
CHILDREN: If you are under eighteen (18) years of age, please do not use or access our Services at any time or in any manner. Upon learning of the existence of information concerning persons under thirteen (18) years of age (or a higher age threshold where applicable that has been collected by us without verified parental consent), we will take appropriate steps to delete it.
We encourage parents and guardians to monitor their children’s online behavior, put parental control tools in place, and teach children not to provide their personal data through the Services without parental consent.
Contact Us if you believe that we have mistakenly or unintentionally collected information from a child under the age of thirteen (13).
Our Services might include links to third party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party website and do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or applications.
Please review carefully third-party website policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding third parties should be directed to the third party.
If you create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our website or Services by linking to it.
a. Errors, Inaccuracies, & Omissions
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the services or on any related website, including without limitation, pricing, dates, availability, products, and services, except as required by law.
No specified update or refresh data applied in the services or on any related website should be taken to indicate that all information in the services or on any related website has been modified or updated.
b. Links to the Services
You may not create a link to any page of our services without our prior written consent. If you do create a link to a page of our services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our services by linking to it.
c. Links on the Services
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
All content on the Services, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are either copyrighted by us or are the proprietary property of us, our affiliates, or licensors. The Firm reserves any and all rights to the Content. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or part without our prior written permission except you may download and print Content for uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Content on the Internet, or any Intranet or Extranet site, or to incorporate the information in any data base or other compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the website, including but not limited to customer identities.
The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on our Services, including “Art Bridges Foundation,” and variations thereof, are registered and unregistered Trademarks of those entities. The Trademarks of third parties may also be displayed on the Services. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Services without the prior written permission of the Company or such third party owner of any Trademark used. Any unauthorized use of the Trademarks or any other materials is strictly prohibited.
All trademarks on the Services are trademarks or registered trademarks of us, our affiliates, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of us. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
Anyone wishing to use the materials from our Services for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of the Company or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use.
For works of art from the Company collection reproduced from our Services, fill out our Contact Us form.
For works of art from other museums or collections reproduced from our Services, contact the organization credited in the work’s caption directly.
For all other images from our Services, and for any text excerpts, fill out our Contact Us form.
Take Down Requests
You further agree that your information will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
If you believe in good faith that your copyrighted work has been reproduced or linked from our Services without authorization in a way that constitutes copyright infringement and is accessible via our Services, please notify us at the designated copyright agent as set forth below. For your complaint to be valid under the DCMA, you must provide our designated copyright agent with the following information in writing:
(a) The signature of the copyright owner or someone authorized on the owner’s behalf to infringement of copyright and to submit the statement;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing and where it located on the Service;
(d) Information reasonably sufficient to permit us to contact you such as you name, address and daytime telephone number, and an e-mail address so that we may contact you if necessary;
(e) A statement that you have a good faith belief that the use of the copyrighted work complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, made under the penalty of perjury, that the above information is accurate and that you are the copyright owner or that you are a signatory authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
The above information must be submitted to the following DCMA Agent:
Rights and Reproductions Manager, Art Bridges Foundation, 300 SW 24th St, Bentonville, AR 72712 or [email protected].
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove content if properly notified that such content infringes on another’s intellectual property rights. We reserve this right to remove content without prior notice subject to the applicable laws.
We will use reasonable efforts to investigate notices of alleged infringement. If we in our sole discretion reasonably believe an infringement has taken place, and consistent with applicable laws, will take appropriate action, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the website and Services.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s and obligations under the DCMA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Service and/or terminate the user accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF ITS CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SERVICE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN THE CASE OF JURISDICTIONS THAT RESTRICT LIMITATION CLAUSES, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY THE RELEVANT LAW IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS DO NOT, IN ANY WAY, EXCLUDE ANY LIABILITY OF US, ITS AFFILIATES, ITS LICENSORS, OR ANY MEMBER OF THE BILLS GROUP WHERE IT WOULD BE UNLAWFUL TO DO SO.
You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all their successors and assigns with respect to claims, costs (including attorneys’ fees and costs), damages, liability and expenses or obligations of any kind arising out of or in connection with your access to or misuse of the Services. The Company reserves the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case, you agree to cooperate with us to defend such claim.
The Terms & Conditions and any separate agreements whereby we provide you services shall be governed and construed under the substantive law of the state of Arkansas, without reference to any conflict of law rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Benton County, Arkansas, for the determination of any issue arising under these Terms and Conditions or between you and the Company. Any action or proceeding arising out of or related to these Terms & Conditions or your use of the Services must be brought in the state or federal courts of Arkansas.
You stipulate to the fairness and convenience of proceeding in such courts and covenant not to assert any objection to proceeding in such Courts.
You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
a. Arbitration Notice
ii. If you and we are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or the company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
iii. The Federal Arbitration Act and federal arbitration law apply and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
iv. The arbitration shall be held in the [COMPLETE] or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
v. The arbitrator will decide the substance of all claims in accordance with the laws of the _____________, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
vi. Notwithstanding any provision in these Terms & Conditions to the contrary, you and we agree that if us makes any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms & Conditions containing this section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
vii. CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
b. Claims and Disputes Must be Filed Within One Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the services, including, without limitation, any website or mobile application or other services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
These Terms and Conditions constitute the entire agreement between Art Bridges and you and govern your use of the Site, and you agree and acknowledge that any other agreements between you and Art Bridges superseded and of no force or effect.
These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our services.
To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, disbursements, and costs, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior written consent.
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.