Terms and Conditions - La Quinta Arts Foundation

LA QUINTA ARTS FOUNDATION WEB SITES

General

La Quinta Arts Foundation (“LQAF”) has created and maintains the www.lqaf.com, www.la-quinta-arts-found.org or other LQAF web sites (collectively, the “LQAF Sites”) in support of its mission to promote and cultivate the arts. Access to, and use of, the LQAF Sites is subject to the following terms and conditions (collectively, the “Terms and Conditions”) and all applicable laws.

By accessing and browsing the LQAF Sites, you: (a) accept, without limitation or qualification, the Terms and Conditions; (b) and agreed to be bound by the same.

LQAF Sites Are Proprietary to LQAF

All of the text, images, marks, logomarks, and other content of the LQAF Sites (collectively, the “Site Content”) are proprietary to LQAF or used consistent with the owner’s permission or applicable law or regulation.

LQAF authorizes you to view, download, and print the Site Content subject to the following conditions:

(1) You must adhere to any and all additional terms or restrictions provided within individual sections of the LQAF Sites relating to particular Site Content;

(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;

(3) Downloading Site Content for commercial use is prohibited;

(4) You may not remove any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near the Site Content by LQAF;

(5) You may not modify the Site Content; and

All parties downloading, printing, or otherwise using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

Permissions and Requests for Images and Other Site Content

Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of the LQAF.

To request permission to use or reproduce images of objects from the LQAF Sites, please contact: Christi Salamone, President & CEO.

Professional journalists interested in obtaining any portion of the Site Content for publication, please contact: Christi Salamone, President & CEO.

LQAF does not distribute or permit reproduction of Site Content except as expressly permitted above.

Contributed Content

The opinions expressed in content published on the LQAF Sites by Guest Contributors or Bloggers and comments made by the public at large are theirs alone, and do not reflect the opinions of the La Quinta Arts Foundation or any employee thereof. La Quinta Arts Foundation is not responsible for the accuracy of any information supplied by Guest Contributors, Bloggers or in comments made by the general public.

Trademarks

The trademarks, online logomarks, and service marks (collectively, “the Trademarks”) displayed on the LQAF Sites are registered and/or unregistered trademarks of LQAF. Trademarks of third parties may also be displayed on LQAF Sites (collectively, the “TP Trademarks”). La Quinta Arts Festival ® and Art Under the Umbrellas ® are registered trademarks of La Quinta Arts Foundation.

Nothing contained on the LQAF Sites should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark or TP Trademark displayed on the LQAF Sites without the prior written permission of LQAF or any third party owner of the TP Trademark displayed on the LQAF Sites. Whether trademarks are denoted or not, your misuse of the Trademarks or any TP Trademark displayed on the LQAF Sites, including alteration or use out of context, is strictly prohibited.

Links to Third Party Web Sites

The LQAF Sites may contain links to third party web sites (collectively, the “Linked Sites”), and other web sites may provide links to the LQAF Sites. When you link to a Linked Site, you leave the LQAF Sites and are no longer subject to LQAF’s privacy policy. Linked Sites: (a) operate according to their own terms of use and privacy policies; and (b) may contain a virus or other defect that might affect your computer system. Your linking to Linked Sites is at your own risk.

LQAF has no control over Linked Sites and, therefore, you acknowledge and agree that LQAF is not responsible for the availability of Linked Sites or viruses or other defects contained on such Linked Sites that might affect your computer system, and is not responsible or liable for any privacy practices, content, advertising, products or other materials on, or available from, such Linked Sites.

You further acknowledge and agree that LQAF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such privacy practices, content, advertising, products, or other materials available from such Linked Sites.

Privacy

Your privacy is important to LQAF. All information gathered from you in connection with your use of the LQAF Sites will be governed by the provisions of the LQAF Privacy Policy. For more information, see the complete LQAF Privacy Policy, which can be found here.

General Disclaimer

LQAF is under no obligation to monitor the LQAF Sites and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the LQAF Sites. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. LQAF will fully cooperate with any law enforcement authorities or court order requesting or directing LQAF to disclose the identity of anyone posting any such information or materials.

Disclaimer of Warranties

The LQAF Sites are provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, LQAF disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. Except as expressly provided therein, LQAF does not warrant, or make any representations that: (a) the LQAF Sites will meet your requirements; (b) the LQAF Sites will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the LQAF Sites will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the LQAF Sites will meet your expectations; or (e) the LQAF Sites or material accessible through the LQAF Sites are free of viruses or other harmful components. You acknowledge that, if you rely on any information or content on one of the LQAF Sites, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

Limitation of Liability

You expressly understand that, in no event will LQAF or its officers, directors, parents, subsidiaries, affiliates, agents, attorneys, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the LQAF Sites; (b) your reliance on any content on the LQAF Sites; (c) any goods or services purchased through use of the LQAF Sites; or (d) any goods or services advertised on the LQAF Sites, even if LQAF or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2), LQAF has designated an agent for notification of claimed infringement as follows: Christi Salamone, Executive Director, La Quinta Arts Foundation, 78-150 Calle Tampico, Suite 215, La Quinta, California, 92253. LQAF provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

Applicable Law and Jurisdiction

The LQAF Sites (excluding links to Linked Sites) are controlled and operated by LQAF from its offices in La Quinta, California. Although LQAF has made no effort to publish the LQAF Sites elsewhere, they are accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and LQAF both benefit from establishing a predictable legal environment in which to publish, access and use the LQAF Sites, by publishing, accessing, and/or using the LQAF Sites you agree that all matters arising from or relating to the use and operation of the LQAF Sites will be governed by the laws of the State of California without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the LQAF Sites will be heard and resolved in courts located in the County of Riverside, State of California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the LQAF Sites from locations other than La Quinta, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and hold LQAF, its board of directors, officers, employees, volunteers, agents, attorneys, and their respective assigns harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of, or operation of, the LQAF Sites.

Link to Us

We thank you for your interest in linking to the LQAF Sites. LQAF’s online logomark may be copied and displayed for the sole purpose of linking to the LQAF Sites. In order to copy and display the LQAF logomark for this purpose, please carefully read the Terms and Conditions of Use of LQAF Logomark and then e-mail your request to Christi Salamone, President & CEO..

Terms and Conditions of Use of LQAF Logomark

By displaying, copying, or using LQAF’s online logomark you are agreeing to the following:

(1) Your use of LQAF’s online logomark is to facilitate a link from other institutions and organizations to the LQAF Sites.

(2) All displays and other uses of the LQAF online logomark must include the ® mark in the logomark image file.

(3) You will make no alterations to the appearance of the LQAF online logomark or the ® mark.

(4) All online displays and other uses of the LQAF online logomark will link to the LQAF Sites home pages. No change may be made to the technical existence of the LQAF logo. The file type may not be altered. You may not use the LQAF online logomark in conjunction with script, such as java or cgi, that, in any way alters, even momentarily as on mouse-over, its appearance. The LQAF online logomark may not be manipulated in any fashion that might diminish its functionality.

(5) You will provide the following information on the same page as the LQAF online logomark: “The LQAF logomark is a registered trademark of the La Quinta Arts Foundation. All rights reserved.” This may appear as text on the page or preferably as the text in the ‘ALT’ tag for the logo image as provided by LQAF.

(6) You will specify the URL where the LQAF online logomark will be used as well as the start date and duration of its use.

(7) To the extent that goodwill arises from your use of the LQAF online logomark, it will inure to the benefit of LQAF.

(8) You will display or use the LQAF online logomark in conformance with the permission granted by LQAF and only in connection with goods and services of the same high quality as is associated with LQAF.

(9) LQAF reserves the right to revoke this permission at any time and you agree to immediately remove the LQAF online logomark from your web site if requested.

Amendment of Terms

LQAF may, at its discretion unilaterally, amend these Terms and Conditions, at any time and from time to time, by posting the amended terms of use on the LQAF Sites. You may always review the most updated version of the Terms and Conditions by checking this page. By continued use, you agree to be bound by and to abide by such amended Terms and Conditions. These Terms and Conditions may not be amended or modified otherwise by you, except in writing signed by both parties.

Miscellaneous

These Terms and Conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous communications and agreements, written or oral, regarding the LQAF Sites. If any provision of this Site Terms and Conditions Agreement (“Agreement”), or portion thereof, is held invalid or unenforceable, such provision, or portion thereof, shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by LQAF to insist upon or enforce strict performance of any provision of this Agreement by you or others will not be construed as a waiver of any provision or right of LQAF. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement will inure to the benefit of LQAF and its successors and assigns. Section headings used in this Agreement are for convenience only and do not have any legal effect.

Contact

For questions, inquiries, or correspondence, please contact:

Christi Salamone
President & CEO
La Quinta Arts Foundation
P. O. Box 6976
La Quinta, CA 92248

Serving the Coachella Valley Arts and Culture Community Since 1982

LA QUINTA ARTS FOUNDATION WEB SITES