Terms and conditions of use
License and Restrictions to Use the Site and Services
Creative Capital grants you a limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not edit, create derivative works from, participate in the transfer or sale of, copy, distribute, transmit, publicly display, publicly perform, reproduce, translate and reformat or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of Creative Capital. In accessing the Creative Capital website, you agree that you will access the contents solely for your own private use and not for any commercial or public use. You may not distribute, transmit, reproduce, republish, license rewrite, create derivative works from, , "mirror", "frame" transfer, sell any material contained on this Site or Services or otherwise make available to third parties this site or any downloadable files or other material available on this Site without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of Creative Capital. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to Creative Capital.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on Creative Capital's infrastructure.
This site is ©2010 Creative Capital, Inc. Creative Capital owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Creative Capital is the owner of the copyright in the entire Site and Services. Creative Capital owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
Links to Other Website
The Site contains links to third party websites, resources and sponsors. Where possible, Creative Capital will make clear where such links are being made. Links to and from the Site or Services to third party sites do not constitute an endorsement by Creative Capital or any of its subsidiaries and affiliates of any third party, its site, resources or contents. Creative Capital cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. Creative Capital has no control over these sites or the content within them. Creative Capital is not responsible for the availability or content of third party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such third party sites Creative Capital does not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
Creative Capital's Rights to Materials Provided by Users
Creative Capital welcomes your comments regarding our Content and Services, including the Site. By sending emails, uploading files, inputting data, providing information, content or materials to Creative Capital or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you allow Creative Capital a world-wide, non-exclusive license to use, reproduce, modify, and adapt (including use for promotional purposes) such Communications in all media now known or hereafter developed. You waive all rights to any claim against Creative Capital for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Creative Capital is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
Any or all Communications provided by you to the Site or Services may be included in a database owned by Creative Capital and in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
You agree to indemnify and hold harmless Creative Capital, its directors, officers, employees, licensors, content providers, sponsors, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to out of your violation this Agreement.
Disclaimer of Warranties and Limitation of Liability
This Site and all materials and information included in or available through this Site are provided on an "as is" and "as available" basis. Creative Capital makes no representations or warranties of any kind, express or implied, as to the Site's operation or the information, content or materials included on this site, including, without limitation, the content or materials found on any site linked to this Site or that the content of the Site is accurate, timely, reliable, correct or complete or that any defects or errors will be corrected. To the full extent permissible by applicable law, Creative Capital hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose or non-infringement of intellectual property. Further, Creative Capital does not warrant that this site or the materials and information made available through it are free from computer viruses, worms or other harmful effects. Creative Capital will not be liable for any damages of any kind arising from the use of or inability to use this Site. You expressly agree that you use this Site solely at your own risk.
Creative Capital is not liable for any lost data resulting from the operation of our Site. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.
UNDER NO CIRCUMSTANCES SHALL CREATIVE CAPITAL BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THIS SITE (OR SITES LINKED TO THE SITE), EVEN IF CREATIVE CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Changes to Terms and Conditions
Use of this Site constitutes your acceptance of these terms and conditions which take effect on the date which you first use the Site. Creative Capital reserves the right, at any time, at its sole discretion, to change any portion of these Terms. You are responsible for regularly reviewing these Terms. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions, and all matters relating to your use of this Site, shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of New York, New York and the United States District Court for the Southern District of New York with respect to such matters.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS THE CONTENTS OF THIS WEBSITE AND THEREFORE SHOULD CEASE USING THIS WEBSITE IMMEDIATELY.
Information Collection and Use
Creative Capital collects information from users at several different points on its site and it is the sole owner of the information collected on this site. We do not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The Creative Capital site contains links to other sites. Creative Capital is not responsible for the privacy practices or the content of websites that link to or from Creative Capital's website.
Creative Capital does not give out, sell or rent registered user address or information except where needed to deliver a service that a registered user has ordered or to comply with valid legal process. We may occasionally share collective user demographic information with our partners and sponsors. This is not linked to any personal information that can identify an individual person.
Links to Other Websites
Correspondence With Users
If you sign up to receive our newsletter or apply for grants or participate in any other Service, we send registered users the requested site and service announcement updates. We do not sell, rent or otherwise provide our registered users email addresses to third parties.
This site occasionally makes chat rooms available to its users. To participate, you may be required to submit an email address and other personal information. Please be aware that any information that you submit to us whether through forms or email, including personally identifiable information, may be publicly displayed on sites hosting the forum or on websites not within our control. If you contribute content for discussion, your contribution may be publicly displayed including personally identifiable information.
Creative Capital Privacy Changes
We reserve the right to change or modify this privacy statement at any time. If we decide to change our privacy statement, we will post those changes on our homepage so that you will always be aware of what information we gather, how we might use that information, and under what circumstances, if any, we disclose it to anyone.
65 Bleecker Street, 7th floor
New York, NY 10012