Terms and Conditions

Last updated: August 31, 2010

Welcome to the Foundation for Art and Healing (“FFAH”) website (the “Site”). By accessing the Site, you agree to the following Terms and Conditions of Use and the Site’s Privacy Policy (to view our Privacy Policy click here). If you do not agree to any aspect of the Privacy Policy or to these Terms and Conditions, please do not use the Site.

We may attempt to notify you when changes are made to our Privacy Policy or these Terms and Conditions, you should periodically review the policies to see whether changes have been made and if you agree to the changes. We may modify or revise the Privacy Policy and these Terms and Conditions at any time, and your continued use of the Site indicates your acceptance of the changes. We may post notice of the revision on the Site’s homepage or email you notice if you have provided one.

Website Content

All materials at the Site (“FFAH Content”) are either licensed for use by FFAH or are the copyrighted property of FFAH, unless otherwise attributed, and are protected by national and international laws. FFAH Content may be accessed, downloaded, printed, or transmitted only for personal, non-commercial use. FFAH Content may not be used or redistributed for commercial purposes.

Any attempt to modify any FFAH Content or to defeat or circumvent the FFAH Site’s technical security measures without the prior express written permission of FFAH is prohibited.

FFAH reserves the right to remove any or all FFAH Content, user-submitted content, and other content related to the Site at any time without prior notice. Further, FFAH reserves the right to deny Site access to any user at any time without any prior notice for violation of these Terms and Conditions.

Trademarks: The names of companies, products, and services mentioned on the Site may be the trademarks or service marks of their respective owners. You may not use any trademarks or service marks found on the Site without the prior express written permission of the mark’s rightful owner. All rights are reserved.

Website Use

You agree not to use the Site to:

  • Upload, post, email, transmit, or otherwise make available any material or content:
  • That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
  • That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • That may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law;
  • Harm minors in any way;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Post 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 Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the website in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • Notwithstanding the foregoing, FFAH grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FFAH reserves the right to revoke these exceptions either generally or in specific cases.
  • Violate any applicable local, state, national, or international law, intentionally or unintentionally;
  • Stalk or otherwise harass another; and/or
  • Collect or store personal data about users.

Many of the photos used in this site have been provided by individual photographers and may not be copied or otherwise used without explicit permission from the photographers. Please contact us if you are interested in copying or otherwise using these images.

Advice

Neither FFAH, any of its affiliates, nor any other party authorized to post information on the Site is engaged in providing counseling, financial, legal, or other professional advice or services of any kind via the Site. Any such advice or counseling will be communicated via methods other than the Site.

Disclaimer of Warranties

To the fullest extent permitted by law, FFAH, its affiliates, officers, directors, employees, trustees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. You agree that your use of the Site is at your sole risk. FFAH makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
  • Unauthorized access to or use of FFAH’s secure servers and/or any and all personal information and/or financial information stored therein;
  • Interruption or cessation of transmission to or from the Site;
  • Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
  • Loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

Limitation of Liability

FFAH, its affiliates, officers, directors, employees, trustees, and agents will not be liable for any damages or injury that accompany or result from your use of this site. You agree that your use of the Site is undertaken at your own risk, and you agree not to sue FFAH for any remedies whatsoever stemming from your use of the Site. In no event shall FFAH, its affiliates, officers, directors, employees, trustees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  • Errors, mistakes, or inaccuracies of content;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
  • Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • Interruption or cessation of transmission to or from our website;
  • Bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
  • Loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not FFAH is advised of the possibility of such damages.

The foregoing limitation of liability will apply to the extent permitted by law in the applicable jurisdiction, and this disclaimer is intended to disclaim negligence wherever permissible by law.

The Site is controlled and offered by FFAH from its facilities in the United States of America. FFAH makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.

Certain state laws may not allow FFAH to limit or exclude liability for incidental or consequential damages. If you live in a state where laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, FFAH’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Site.

Linked Sites, Including Linked Donation Management Sites

Any non-FFAH websites which are linked to or from the Site (“Linked Sites”), including without limitation donation management sites administered by third parties, are independently operated and managed by entities or individuals other than FFAH. Any links provided to third party websites outside of this site are provided solely for your convenience. The operation and content of Linked Sites is beyond our control, and we do not endorse or warrant in any manner whatsoever, or accept any responsibility for, the content or other material that may be contained on Linked Sites, the use of Linked Sites, or any products or services advertised on or sold through any Linked Sites.

You are solely responsible for determining the extent to which you may or should use any content located at Linked Sites. When you use Linked Sites, you do so at your own risk, and you should read the terms of use of each Linked Site. FFAH, its affiliates, officers, directors, employees, trustees, and agents assume no responsibility for contents provided by Linked Sites or any damage caused by your use of Linked Sites. FFAH, its affiliates, officers, directors, employees, trustees, and agents will not be liable under any circumstances for any damages whatsoever, direct or indirect, resulting from any use of any Linked Sites, whether or not we are advised of the possibility of such damages. You agree not to hold FFAH, its affiliates, officers, directors, employees, trustees, or agents responsible for the content or operation of any and all Linked Sites, including without limitation donation management sites administered by third parties.

Indemnity

You agree to indemnify and hold harmless FFAH, its affiliates, related parties, officers, directors, employees, trustees, agents independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Miscellaneous

The above Terms and Conditions will be governed by the law of the State of New York, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in New York, New York.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FFAH without restriction.

You and FFAH agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

If you have comments or questions, please contact us at:

Foundation for Art & Healing
77 Stearns Road
Brookline, MA 02446
info@artandhealing.org

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