Terms of Use
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND CREATIVE CAPITAL, INC. (“CREATIVE CAPITAL” OR “WE” OR “US” OR “OUR”). THE WEBSITE LOCATED AT WWW.CREATIVECAPITAL.ORG (THE “SITE”), IS OWNED AND OPERATED BY CREATIVE CAPITAL. BEFORE ACCESSING OR USING ANY PART OF THE SITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT. YOUR ACCESS TO AND USE OF THE SITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY CREATIVE CAPITAL.
CREATIVE CAPITAL IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE. YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY CREATIVE CAPITAL FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS SITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.
ABOUT CREATIVE CAPITAL
Creative Capital supports innovative and adventurous artists across the country through funding, counsel, gatherings, and career development services. Creative Capital seeks to amplify the voices of artists working in all creative disciplines and catalyze connections to help them realize their visions and build sustainable practices. The Sites provide users with access to a variety of information and resources, including e-newsletters, works of authorship, images, event-related materials, videos, photographs, artist-related opportunities and other relevant content (collectively, the “Content”).
Personal Information; Our Privacy Policy
You can visit the Site and access most of the Content, features and functionality without being required to provide us with any personal information. However, gaining access to certain Content will require that you provide us with some personally identifying information about yourself, as more specifically detailed below and in our Privacy Policy.
Our Privacy Policy sets forth our practices with respect to information we collect online via the Site, including personally identifiable information that is collected from users of and/or visitors to the Site, including (i) registered users who are award applicants, event attendees, and peer-to-peer learning participants, (ii) users who want to view information about or submit their work samples or other materials and information to our award application system, and (iii) other non-award application users or visitors to the Services offered.
By accessing this Site, you are also hereby acknowledging and agreeing to the terms of our Privacy Policy, including the types of personal information we collect on the Site, how we may use that information and with whom we may share it. If you have any questions or concerns, please do not hesitate to contact us by using the following email address: [email protected]
Ownership; Intellectual Property Rights
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Creative Capital. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Creative Capital. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from these Site without the prior written authorization of Creative Capital or their respective owners.
Copyright
This Site is ©2021 Creative Capital Foundation. Except as otherwise expressly stated, all Content appearing on the Site– including all scripts, videos and similar materials, is the copyrighted work of either Creative Capital or third party partners and suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Creative Capital, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Creative Capital, or any applicable third-party suppliers or authorized users. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Creative Capital. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Creative Capital does not warrant nor represent that your use of any Content or materials displayed on the Site will not infringe rights of third parties.
Takedown Notice
Creative Capital respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to our Site from those that infringe on the rights of others. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, Creative Capital has designated an agent to receive notifications of claimed infringement, as described in this Section. If you believe that any Content on this Site violates or infringes upon your intellectual property rights or someone else’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please contact the agent designated below. In your notice to us, you must do the following:
Please note, Creative Capital may request additional information before removing any allegedly infringing material. In the event Creative Capital removes the allegedly infringing materials, Creative Capital will notify the person responsible for posting such materials that Creative Capital removed or disabled access to the materials. Creative Capital may also provide the responsible person with your email address so that the person may respond to your allegations. Pursuant to 17 U.S.C. 512(c).
Payments and Payments Processing; Rules for All Payments
You can make an online donation to Creative Capital. Creative Capital has engaged the services of third party payment service provider(s) to process all donation/payment transactions. Creative Capital is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and Creative Capital is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, Creative Capital expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that Creative Capital shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties.
You hereby acknowledge and agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by by email at [email protected]
Links to Third-Party Websites/Materials/Content
The Site contains links to third-party websites and resources – including a variety of social media sites such as Facebook, Twitter, YouTube and Instagram. Links to and from the Site to such websites do not constitute an endorsement by Creative Capital or any of its subsidiaries and affiliates of any third party, its site, resources or contents. We do not control the websites accessed from such links, and cannot be held responsible for the content or accuracy of anything on these websites, including any advertisements, products for sale, or services. Creative Capital shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such linked website. Creative Capital is not responsible for the privacy practices of any other website, and we encourage you to read the privacy policy of each website you visit prior to providing them any information or undertaking any activities.
Creative Capital’s Rights to Materials Provided by Users
Creative Capital welcomes your comments and submissions. By sending emails, uploading digital files, inputting data, providing information, content or materials to Creative Capital or engaging in any other form of communication (individually or collectively “User Content”) to or within the Creative Capital Site, you acknowledge and agree that Creative Capital shall have the right, but not the obligation, to use the User Content in whole or in part and in any manner whatsoever as determined by Creative Capital in its discretion, in and in connection with one or more media productions, literary works or other content and/or communications, and all ancillary and subsidiary exploitation thereof and derivative works based thereon, as determined by Creative Capital in its sole discretion, in any and all media, whether now known or hereafter devised, throughout the universe at any time, in perpetuity, as well as in connection with any related advertisements, promotions, publicity, marketing or other material, without any payment or compensation to you whatsoever.
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 User Content. Any or all User Content provided by you to the Creative Capital 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.
Additionally, by uploading any User Content, you hereby represent and warrant that (i) the User Content is a) original to you, or b) in the public domain, or c) you have the necessary rights and releases (as applicable) the User Content; (ii) You have the right to grant Creative Capital the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity; (iii) the use of the User Content by Creative Capital as contemplated herein will not violate or infringe the rights of any third party or constitute a defamation or invasion of privacy or publicity of any third party; and (iv) there are no claims, liens, actions, suits proceedings and/or other encumbrances, whether actual, pending or threatened, relating to the User Content. You shall defend, indemnify and hold harmless Creative Capital and its affiliated entities and each of their respective employees, officers, agents, assigns and licensees from and against any and all liability, claims, costs, damages, and expenses (including reasonable attorneys’ fees and court costs, whether or not in connection with litigation) arising out of any breach or alleged breach of the foregoing representations and warranties or otherwise in connection with Creative Capital’s use of the User Content as contemplated herein.
Prohibited Use/Activities
In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Site, and any submissions (i.e. User Content) – will not be, or alleged to be:
(1) unlawful, unauthorized, fraudulent or malicious in purpose;
(2) false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
(3) an invasion another’s right of privacy or publicity;
In addition, you agree you will not:
(4) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Content or in any way;
(5) modify or make derivative works based upon the Site or Content;
(6) create Internet “links” to the Service or “frame” or “mirror” the Site on any other server or wireless or Internet-based device;
(7) reverse engineer or access the Site in order to design or build a competitive product or service;
(8) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site;
(9) interfere with or disrupt the integrity or performance of the Site or the data contained therein, or attempt to gain unauthorized access to the Site or its related systems or networks.
Creative Capital will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that Creative Capital has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Indemnification
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 i) your use of the Site, including but not limited to your violation of these Terms of Use, or ii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right,.
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, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. CREATIVE CAPITAL ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE WEBSITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 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 BACKUP 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.
Age Requirements
The Creative Capital Sites are intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Sites by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Site with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make a donation; if you are between 13 years to 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to make a donation(s). If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Site, you hereby agree to the terms set forth in these Terms if Use on behalf of both yourself and your child.
If you reside in a jurisdiction that would restrict the use of the Site – or any of the functionalities or features offered via the Site – because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Site if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland and United Kingdom, users must be 16 years of age or older (as further specified below), and any registration by, use of or access to the Site by anyone under 16 is unauthorized.
Governing Law
This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Creative Capital each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.
YOU AND CREATIVE CAPITAL AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR CREATIVE CAPITAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CREATIVE CAPITAL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND CREATIVE CAPITAL FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CREATIVE CAPITAL, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Arbitration
At Creative Capital’s sole discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, Creative Capital may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against Creative Capital must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Websites and/or any of the Content, or these TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by Creative Capital with respect to a breach by you or others does not waive Creative Capital’s right to act with respect to subsequent or similar breaches.
Changes to the Terms of Use
Creative Capital reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Use.
Miscellaneous
This TOU constitutes the entire agreement between you and Creative Capital and governs your use of the Websites, superseding any prior agreements between you and Creative Capital. You will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Creative Capital. Any purported assignment or delegation by you without the appropriate prior written consent of Creative Capital will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by Creative Capital to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by Creative Capital of that or any subsequent default or failure of performance. The Websites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Creative Capital to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Websites or any portion of the Websites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Websites provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Creative Capital as result of this TOU or your utilization of the Creative Capital Websites. Headings herein are for convenience only.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO ACCESS THE CONTENTS OF THIS SITE AND THEREFORE SHOULD CEASE USING THIS SITE IMMEDIATELY.
Last Updated: 4.12.21