2. Restrictions on use of Content and Materials
3. Linking to the Web Site
When linking to this website, the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us. The link, when activated by a user, must not display the website (aptglobal.org) within a "frame" on the linking website.
4. Our Privacy Statement
5. Restricted Sections
Access to some areas on this Web Site is restricted to users authorized in advance by us, in accordance with our policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable. You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. We shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify us of any unauthorized use of your user ID and password.
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND CONTENT DISPLAYED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEB SITE.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE WEB SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED ANY AMOUNTS PAID BY YOU DIRECTLY TO US. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US.
8. No Endorsement
Any reference made by this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than of MUTUAL ART INC. by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation or favoring by us. Content on this Web Site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of us.
To the extent that this Web Site contains links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
9. Interactive Areas
You may be permitted to access and use interactive areas of the Web-Site, such as, but not limited to: forums, conferences, links index, announcements, resources, mailing lists, personalized and/or customized Site pages, news, conferences, letters to the editors, letters to area directors, webmaster(s) or employees, or e-mail function offered as part of this Web-Site or any other related Web-Site, and other forms of group electronic communications through the Web-Site ("Interactive Areas").
If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) constitute charity solicitations, chain letters or pyramid schemes; (5) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (6) does not generally pertain to the designated topic or theme of the Web-Site. You also expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Web-Site or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Web-Site, other accounts, computer systems or networks connected to the Web-Site, through password mining or any other means; or (g) interfere with another of the Web-Site users use and enjoyment of the Web-Site.
We do not engage in, and are not responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our members of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on the Web-Site, regardless of whether such material violates these standards for content. We shall have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
The Interactive Areas shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users and/or members of this Web-Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
By uploading materials of any kind to any Interactive Area or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, translate, transmit, publicly display and publicly perform, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in those materials have been waived.
10. Copyright Infringement Policy
We are committed to protecting the rights of copyright rightholders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we will undertake appropriate steps against copyright repeat offenders. We will process any notices of alleged copyright infringement and will take appropriate actions under the U.S. Digital Millennium Copyright Act (the "DMCA"). Upon receipt of notices complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any material or activity that is claimed to be infringing.
11. Right to Shut Down, Deny or Limit Access
13. Governing Law and Miscellaneous
These terms shall be governed by and construed in accordance with the laws of the state of New York. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in a court of competent jurisdiction within the state of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein. We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
14. Notice and Takedown Policy
If you are a rights holder and are concerned that you have found material on our website, for which you have not given permission, believe constitutes an infringement of copyright, or is not covered by a limitation or exception in national law, please contact us in writing stating the following:
1. Your contact information.
2. The exact and full URL where you found the material 3. An indication of whether you are the owner of the content, or if you are acting on their behalf (details of all parties must be supplied including the relationship between them).
Artist Pension Trust
34 34th st
Brooklyn, NY 11232
Tel: +212 871 1011
Upon receipt of notification the 'Notice and Takedown' procedure is then invoked as follows:
1. Artist Pension Trust will acknowledge
receipt of your complaint by email or letter and will make an initial
assessment of the validity and plausibility of the complaint.
2. Upon receipt of a valid complaint the material will be temporarily removed from the Artist Pension Trust website pending an agreed solution.
3. The issue will be solved swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
* The material is replaced on the Artist Pension Trust website unchanged.
* The material is replaced on the Artist Pension Trust website with changes.
* The material is permanently removed from the website.
4. If unable to agree to a solution, the material will remain unavailable through Artist Pension Trust until a time when a resolution has been reached.