Acceptance of Terms
The following consists of the terms and conditions governing the access to The Center for Young Art Charitable Company Ltd ("Artport", "Company", "we", or "us") Web site (the "Site" or "artportlv.org"),
including without limitation, the services, content, texts, graphics, logos, trademarks, service marks, designs, audio clips, links, downloadable content, information, tools, features, functionality and copyright protected content and material, available on the Web site (the “Services”).
By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein.
If you do not understand or agree to these terms, you should immediately exit this Site.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE SITE AND SERVICES.
Title & Ownership
All Intellectual Property Rights (hereinafter defined) evidenced by or embodied in and/or attached/connected/related to the Site, are and shall be owned exclusively by the Company or its licensors, subsidiaries, affiliates or representatives (“Representatives”) unless expressly stated otherwise.
The compilation of all content on this site is the exclusive property of the Company or its Representatives and protected by copyright laws. Any unauthorized copying, reuse, or distribution of the abovementioned copyrighted materials, without obtaining the Company’s prior written consent, is strictly forbidden. All software and other related Intellectual Property Rights used on this Site are the property of the Company or its Representatives and protected by copyright laws.
Artport is a nonprofit organization promoting Israeli contemporary visual art, its core being a residency program for Israeli and international artists. Through additional activities such as conferences, lectures, exhibitions, professional workshops for artists and an annual art book fair, Artport serves the general public and the local art scene, promoting relations between art and society.
No Recommendations or Liability
THE COMPANY AND/OR THE SITE DO NOT MAKE RECOMMENDATIONS OR ADVICE OF ANY KIND. THE COMPANY PROVIDES THE CONTENT OF THE SITE FOR INFORMATION, EDUCATION, NONCOMMERCIAL AND NONPROFIT PURPOSES ONLY AND ASSUMES NO RESPONSIBILITY THEREFORE. THE CONTENT IS PROVIDED AS IS. YOU ALONE WILL BEAR THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY SUCH INFORMATION. THE COMPANY DOES NOT SPONSOR, REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE AND/OR SERVICES BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, CONTENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Limitations On Use
You understand and agree that the Site and Services are solely for non-commercial, personal, and informational purposes.
Unless you have obtained the Company’s prior written permission, you may not:
Impersonate any person or entity, including but not limited to a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Site;
upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, including without limitation, inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
create a browser or border environment around any information made available through the Site or the Services (no frames or inline linking);
sell, license, or exploit for any commercial purposes any use of or access to this Site;
frame or mirror any part of this Site without the Company’s prior express written authorization;
create a database by systematically downloading and storing all or any of the information from this Site;
upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or the like;
upload, post, 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;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Use the Service to harm minors in any way;
violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
“stalk” or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites.
Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.
Without limiting the foregoing, the Services and Site are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.
IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.
Content and Links
The Company transfers, presents and offers third-party content (the “Content”), the Company does not endorse or approve the Content, and we make it available to you only as a service and convenience. The Company and its third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or warrant any results from your use or reliance on the Content or that the Content is not offensive or does not violate any laws. Neither the Company nor the third party providers are obligated to update any information or opinions contained in any of the Content. The Company may discontinue offering any Content on the Site at any time without notice.
Although this Site may contain links to third party sites, the Company is not responsible for the Content or privacy policies employed by any linked sites. The Company provides these links as a convenience and does not endorse the companies or Contents of any linked sites. The Company bears no liability for the Content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.
You agree that the Company may download and cache on its servers, or grant users the right to upload/download, documents, information and/or any content, and/or meta data provided by you through the Site and/or Services, including without limitation, profile pages, messages, advertisements, graphics, video content, audio content or a combination thereof, designs, personal Internet web sites, or any other information or material (“Your Content”). Your Content shall be solely your responsibility and you hereby waive any claims in respect thereof against Company and its Representatives. You hereby grant the Company a nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display, make available to the public, modify certain elements of Your Content and otherwise exploit Your Content, in any media formats, solely for the purpose of enabling the provision of the Services through the Site and/or for fulfilling the purpose of the Site. Such license will apply to any form, media, or technology now known or hereafter developed. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to Your Content(; (ii) there are no restrictions, limitations which prevent or restrict you from granting the Company the license above; and (iii) Your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit the Company or any third person; (f) Your Content is free of any digital rights management, including any software designed to limit the number of times Content may be copied or played; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. The Company may disallow the use of the Services when content is flagged or blocked at the Company’s sole discretion without any prior notice. You will have no complaint, claim or demand towards the Company regarding the deletion, blocking or removal of content you created, contributed to or used. You hereby agree to defend, indemnify and hold Company and its Representatives harmless from and against claims related to Your Content.
If this Site or Service was not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or of the Site or the service. Temporary suspension of access to this Site or service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. The Company reserves the right to suspend the operation of the Service, its site or any part thereof. You agree that neither the Company nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
Trademarks and Servicemarks
Artport, artportlv.org, the logo, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of the Company or its affiliates, including their trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not the Company’s or its affiliates’, in any manner without Company’s permission. All other trademarks not owned by Company or its affiliates that appear on the Site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by the Company or its affiliates and may not be used other than as permitted by their respective owners.
Removal of Infringing Content
If you believe that any Content, including without limitation content defined as Your Content, any third party logos, trademarks, brands or other intellectual property infringes upon your intellectual property rights, please send us a detailed notice to email@example.com. , including the details set forth below, we will make reasonable commercial efforts to remove such Content, locate the infringer and notify him of your complaint. For efficient removal your notice should consist of the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site; 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 the Company to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly; information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has 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 and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Warranty and Disclaimers
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
THE SERVICES AND SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS, “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND REPRESENTATIVES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS REPRESENTATIVES ARE NOT AND WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, stockholders, Representatives and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site and/or the Services.
Changes. The Company reserves the right, at its discretion, to modify these terms with or without notice. Notice may be provided by posting the latest changes on the Site or at Company’ s discretion by email. Your continued use of this Site following the changes will mean you accept those changes. You should review the most current version of this document by visiting https://www.artportlv.org and clicking on https://www.artportlv.org/termsofuse.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR FIRST PUBLICATION OF THE APPLICABLE CONTENT, AS THE CASE MAY BE, WHICHEVER IS EARLIER. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.