Agreement to Terms and Conditions of Use

Windy City Arts, treatment Inc. owns and/or maintains the following web sites:

windycitysv.com

This web site is referred to in these Terms and Conditions of Use (the “Terms of Use”) as the “Site”. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Windy City Arts, Inc. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Fair Use Rights

Nothing in these Terms of Use is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

Content

All articles, blog posts, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Windy City Arts, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site, television, video projector or other medium for publication or distribution or for any religious use or commercial enterprise, without Windy City Arts, Inc.’s express prior written consent.

You may use and share, through social media web sites, articles, blogs and other material purposely made available by Windy City Arts, Inc. for sharing from the Site, provided that you (1) do not remove any proprietary notice language included on, or incorporated into, such material, (2) use such material only for your personal, non-commercial informational purpose and, except to share through social media web sites (e.g., Twitter, Facebook, etc.), do not copy or post such material on any networked computer or broadcast it in any media, (3) make no cuts or modifications to any such material or make any derivative works from any materials and (4) not make any additional representations or warranties relating to such material.

Under no circumstances (i) may you exercise any of the rights granted to you in these Terms of Use in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation or (ii) represent or hold your organization out as Windy City Arts, Inc. or affiliated with Windy City Arts, Inc.. Nothing in these Terms of Use shall be construed to place the parties in a partnership or joint venture together.

Copyright Information

A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

Unless otherwise provided on the Site, all articles and blogs contained on the Site are copyright protected material owned by the author of such material and made available on the Site through a license granted by the author to Windy City Arts, Inc..

If you have any questions concerning the usage or licensing of material or other Content contained on the Site, please submit your questions in writing to our team at sign@windycitysv.com

Trademarks

Windy City Arts, Inc. owns various trademarks, including graphics, logos, service marks, trade dress, and U.S. trademark registrations. Windy City Arts, Inc.’s trademarks and trade dress may not be used in connection with any product or service that does not originate from Windy City Arts, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Windy City Arts, Inc.. By using this Site, you acknowledge the validity of the Windy City Arts, Inc. marks.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Windy City Arts, Inc. reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Windy City Arts, Inc. server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, including any Windy City Arts, Inc. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Windy City Arts, Inc.’s systems or networks, or any systems or networks connected to the Site or to Windy City Arts, Inc..

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Windy City Arts, Inc. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, including a fictitious entity or individual.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Windy City Arts, Inc. or others.

Privacy

Windy City Arts, Inc.’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Windy City Arts, Inc.’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Windy City Arts, Inc. Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Linked Sites are not under Windy City Arts, Inc.’s control, and Windy City Arts, Inc. is not responsible for and does not endorse the content of Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

WINDY CITY ARTS,INC. DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, WITHOUT NOTICE, WINDY CITY ARTS,INC. MAY MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. WINDY CITY ARTS,INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WINDY CITY ARTS,INC. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF COMPUTER VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WINDY CITY ARTS,INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. WINDY CITY ARTS,Inc. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WINDY CITY ARTS,INC. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WINDY CITY ARTS,Inc. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

IN NO CASE SHALL WINDY CITY ARTS,INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WINDY CITY ARTS,INC.’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WINDY CITY ARTS,INC. SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU ON THE SITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WINDY CITY ARTS,INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Indemnity

BY USING THE SITE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD WINDY CITY ARTS,INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY WINDY CITY ARTS,INC. AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM WINDY CITY ARTS,INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WINDY CITY ARTS,INC.’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Violation of These Terms of Use

Windy City Arts, Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Windy City Arts, Inc.’ rights or property, or the rights or property of visitors to or users of the Site. Windy City Arts, Inc. reserves the right at all times to disclose any information that Windy City Arts, Inc. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Windy City Arts, Inc. also may disclose your information when Windy City Arts, Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Windy City Arts, Inc. may preserve any transmittal or communication by you with Windy City Arts, Inc. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Windy City Arts, Inc. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights (including intellectual property rights), property or personal safety of Windy City Arts, Inc., its employees, its volunteers, and users of or visitors to the Site, and the public, or (5) for any reason in our sole discretion

You agree that Windy City Arts, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Windy City Arts, Inc., for which monetary damages would be inadequate, and you consent to Windy City Arts, Inc. obtaining any injunctive or equitable relief that Windy City Arts, Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Windy City Arts, Inc. may have at law or in equity.

You agree that Windy City Arts, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. Windy City Arts, Inc. may also, in its sole discretion and without prior notice, terminate your access to the Site for any reason or for no reason whatsoever.

If Windy City Arts, Inc. does take any legal action against you as a result of your violation of these Terms of Use or any misuse of the Site or information thereon, Windy City Arts, Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Windy City Arts, Inc.. You agree that Windy City Arts, Inc. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the Federal Arbitration Act, by the laws of the United States and by the laws of the State of Idaho without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Blaine County, Idaho, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Windy City Arts, Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. In such a case, the parties will each bear their own costs related to any arbitration proceeding including payment of their own attorneys’ fees.

For California Residents only. Windy City Arts, Inc. seeks to comply with the California Civil Code Section1798.80-1798.84 Any questions regarding the use of personal information for marketing purposes can be directed to Windy City Arts, Inc. at sign@windycitysv.com

Void Where Prohibited

Windy City Arts, Inc. administers and operates the Site from its location in Hailey, Idaho USA. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Windy City Arts, Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Windy City Arts, Inc. with respect to such use are hereby superseded and cancelled. Windy City Arts, Inc. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Windy City Arts, Inc.’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Windy City Arts, Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Windy City Arts, Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Windy City Arts, Inc. shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2014 Windy City Arts, Inc. All rights reserved.