ArtsGeorgia » Legal Notice

Legal Notice

Website Rules

ArtsGeorgia, Inc. (“ARTSGEORGIA”) has created and maintains www.artsgeorgia.net (“the Site”) in support of its mission to provide resources, news, advocacy, education, information, communication and personal enjoyment to the arts community and to the  public.  Access to and use of the Site is subject to the following Rules (“Rules”) and all applicable laws.  Access and use of image and text files and data on this Site also are subject to the following Rules. By accessing and browsing the Site, you accept, without limitation or qualification, the Website Rules and other notices and acknowledge full and complete acceptance of these terms.

Website Rules

  1. 1. Purpose

ARTSGEORGIA provides access to this site free of charge to provide information about ARTSGEORGIA, its programs and resources for the arts community.  We welcome visitors to the site but want to make it clear what rules apply to your use of our site.

  1. 2. Copyright

All material on this site is owned by ARTSGEORGIA, its sponsors or third parties.  Copyright in the compilation of all materials on this site is owned by ARTSGEORGIA.  Copyright © ARTSGEORGIA, INC.2011 All Rights Reserved.

The text, images and data on the Site are protected by copyright and may be subject to other restrictions as well.  ARTSGEORGIA and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files ( “Materials”).

The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in the United States copyright laws.  Users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL “www.artsgeorgia.net”.  In addition to granting this limited permission, however, note that ARTSGEORGIA does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with ARTSGEORGIA.  Copyright and other proprietary rights in the materials may be held by individuals and/or entities other than ARTSGEORGIA, including reproductions of works of art licensed to ARTSGEORGIA by third parties including artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Site.  Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.

ARTSGEORGIA expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.

  1. 3. Trademarks

The trademarks, online logomarks and service marks (the “Trademarks”) displayed on the Site, including ARTSGEORGIA, Inc. and ARTSGEORGIA and logo are registered and/or unregistered Trademarks of the ARTSGEORGIA, INC.  The Trademarks of third parties may also be displayed on the Site.  Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of ARTSGEORGIA or any third party owner of the Trademark displayed on the Site.  Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

  1. 4. Privacy

You may use this site and enjoy its contents without providing any personally identifiable information.  The site does not use cookies to collect information about you when you sign on.  However, if you volunteer to provide us with any personally identifiable information, including name, address, telephone number, email address, we may collect and store that information and use it to contact you about our programs and other arts-related matters of interest.  We may also share this information with selected third parties.  Persons under the age of 13 years should not submit any personally identifiable information whatsoever.  You may ask us to delete any personally identifiable information about you and cease further contact with you at any time by sending us a request marked “Privacy-Urgent” address as follows:  artsga@artsgeorgia.net or to ARTSGEORGIA, P.O. Box 220, Lithia Springs, Georgia 30122.

  1. 5. Permission

Any party wishing to use any of the Materials from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from ARTSGEORGIA.  Permission for use is granted on a case-by-case basis at the sole discretion of ARTSGEORGIA.  For inquiries, please contact:

President/CEO
ArtsGeorgia, Inc.
P.O. Box 220
Lithia Springs, Georgia 30122

A usage fee may be charged depending on the nature and type of the proposed use.  ARTSGEORGIA reserves the right not to grant permission to use its Materials, and does not grant permission to use the Materials of third parties.

  1. 6. Submissions

ARTSGEORGIA’s policy is not to accept or consider any unsolicited ideas or materials of any kind outside its programs.  ARTSGEORGIA reserves the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights, including copyright claims.  Any materials and all rights will be our property, free and clear of any claims by your or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

  1. 7. Warranty Disclaimer

Use of and browsing in the Site are at your risk.  Neither ARTSGEORGIA nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.  Without limiting the foregoing, all Materials on the Site are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.  ARTSGEORGIA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, equipment or other property on account of your access to, use of, browsing in, or downloading of any Materials from the Site.

We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, or other defects in the site or its contents.  In no event shall ARTSGEORGIA be responsible for any damages to users or their computer systems or otherwise, even if ARTSGEORGIA has been informed of the possibility of damages and without regard to negligence.

  1. 8. Responsibility and Disclaimer

a)      The information on this website, and its related websites, is provided as a service to the arts community and does not constitute legal advice. Publication of information in any form or format is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the express understanding that the publisher is not engaged in rendering legal or professional service. It is designed to provide general information and ARTSGEORGIA, INC.  makesno representations, guarantees or warranties, express or implied, with respect to the information provided on this website or any third-party website which may be accessed by a link from this site, including any representations or warranties as to accuracy, timeliness or completeness. Any and all implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed. ARTSGEORGIA will not be responsible for any action or failure to act in reliance upon information on this website or any third-party website which may be accessed by a link from this site. As legal advice must be tailored to the specific circumstances of each case, and as laws are constantly changing (and may vary from state to state), nothing provided herein should be used as a substitute for the advice of competent legal counsel licensed in Georgia or your state. The information provided is made available with the understanding that neither ARTSGEORGIA nor any of its representatives are engaging in the rendering of legal advice. If legal advice or other expert assistance is required, please consult a professional. In no event shall ARTSGEORGIA be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental, consequential, punitive or similar damages) arising from any use of this web site, whether in contract or in tort, or under any other legal theory (including strict liability) or for any claim made against ARTSGEORGIA by any person using this website or any third-party site that may be accessed by a link from this site. Please note that contact with ARTSGEORGIA staff (whether by phone, email, listserve or letter), membership in ARTSGEORGIA or use of ARTSGEORGIA’s website is not intended to create, and will not create, an attorney-client relationship. Viewing this website does not create an attorney-client relationship. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not consult with or hire an attorney to advise you.

b)      While ARTSGEORGIA uses reasonable efforts to include accurate and up to date information in this Site, ARTSGEORGIA makes no representations or warranties as to its accuracy.  ARTSGEORGIA assumes no liability or responsibility for any errors or omissions in the content of the Site.

c)      ARTSGEORGIA does not monitor the site at all times, but reserves the right to do so.  ARTSGEORGIA takes no responsibility for any material input by others and not posted to the site by ARTSGEORGIA.  ARTSGEORGIA is not responsible for the content or privacy policies of any other websites linked to the site; links are provided as Internet navigation tools only.

  1. 9. Digital Millenium Copyright Act

For purposes of the Digital Millenium Copyright Act (“DMCA”), 17 U.S.C. Section 512(c)(2), ARTSGEORGIA has designated an agent for notification of claimed infringement as follows:

President/CEO
ArtsGeorgia, Inc.
P.O. Box 220
Lithia Springs, Georgia, 30122

ARTSGEORGIA 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.

The Digital Millenium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:

  1. a physical or electronic signature;
  2. identification of the infringed work;
  3. identification of the infringed material;
  4. contact information for the complainant, e.g. address, telephone number, electronic mail address;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
  6. a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.


10. Security

ARTSGEORGIA does not guarantee and assumes no responsibility for breaches of the security of this site or your communications with the site.  It is strictly prohibited to link to other sites with this site without ARTSGEORGIA’s prior written permission.  We may permit some links for convenience, but ARTSGEORGIA has no responsibility for the unaffilliated sites to which it is linked or for material posted to this site by anyone other than ARTSGEORGIA.  You are prohibited from attempting to probe, scan or test the vulnerability of this site system or breach security.  Violation of security may result in civil or criminal liability.  ARTSGEORGIA will investigate occurrences that involve any violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who engage in violations.

11. Links

The Site may contain links to third party sites.  ARTSGEORGIA has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site.  Your linking to off-site pages or to other sites is at your own risk.  ARTSGEORGIA  provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.

12. Prohibited Use

It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage ARTSGEORGIA or its sponsors.  When using this site, do not transmit or post any material that is libelous, obscene, threatening, abusive or hateful.  No unsolicited email (spam) may be directed to or through this site.  You are prohibited from attempting to interfere with the site service, including overloading, flooding, mail bombing, crashing, or hijacking all or part of the site content or deleting or changing any site content.

13. English

The site server which makes this site available is located in the U.S.A. and the content is intended principally for U.S. adult users although this site is available worldwide due to the Internet/World Wide Web.  While most of the content of this site is in the English language, the content is posted in the language in which it was created, which may include other languages.

14. Indemnity

You agree to indemnify, defend, and hold ARTSGEORGIA, its directors, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorney’s fees), judgements, liabilities, losses, and damages arising from or relating to your use of or operation of the Site.

15. Applicable Law

ARTSGEORGIA’s headquarters are in Georgia.  This site as well as these rules are subject to the laws of the Georgia and the U.S.A., regardless of the location of the user, and any claims of any kind related thereto muse be filed in the courts located in the city of Atlanta and state of Georgia.  All users hereby submit to the jurisdiction of local courts.

16. Applicable Rules

Use of this site is subject to these rules and all of the foregoing terms and conditions which you as user accept by contacting and using this site and which govern all use and all results thereof.

ALL USERS OF THIS SITE ARE GOVERNED BY THESE RULES.  IF YOU ARE UNWILLING TO ACCEPT THEM AS A USER, SIGN OFF AND DO NOT USE THIS SITE FOR ANY PURPOSE.  WE RETAIN THE RIGHT TO REVISE THESE RULES AT ANY TIME.  WARNING:  ANY USE OF THE ARTSGEORGIA SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.