Terms of Use

Welcome to www.frenchcreekartcolony.com.

Services and products are presented on frenchcreekartcolony.com (the “Website”), however, the Website does not provide services or products to children. If you are under age 13, your parent(s) must use the Website. This Terms of Use sets forth the legally binding terms and conditions for your use of the Website. By using frenchcreekartcolony.com you agree to be bound by this Terms of Use. You are only authorized to use the Website if you agree to abide by this Terms of Use and applicable laws. Please read the terms and conditions of this Terms of Use carefully and save it.  If you do not agree with the Terms of Use, you should leave the Website immediately, you may not access or otherwise use the Website or services.

The Website reserves the right to change or modify the terms and conditions of this Terms of Use at any time, with such changes or modifications becoming effective immediately upon posting on this Website. You should check the Website frequently to see recent changes. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may not use any robot, 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 Website or any content or Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content or Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

INTELLECTUAL PROPERTY

All artwork, illustrations, photographs, text, images, computer code, software, Website design, graphics, user interfaces, audio clips, sounds, video clips, digital downloads, data compilations, logos, button icons, software, and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof, and trademarks, service marks, and tradenames, (collectively referred to as the “Material” or “Materials”), are the property of the French Creek Art Colony (“FCAC”) artists, their assigns, licensors or other respective owners and are protected without limitation pursuant to United States and foreign copyright, trademark, patent, intellectual property, and other laws. The Website including its Materials, may only be used as permitted by the French Creek Art Colony artists; all other uses, including copying, reproduction, creation of derivative works, uploading, posting, encoding, translating, modification, transmission (including mirroring) to another computer, server or website or other medium for publication, republication, or distribution, performance, display, sale, rental, lease, or storage in any network system of the Material on this Website is strictly prohibited.  Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. The Website, including its Materials, may not be sold, resold, or used for any commercial use.

Copyright, certain moral rights, and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on the Website may be held by individuals and/or entities other than French Creek Art Colony artists.  This includes reproduction of works of art licensed to one of the French Creek Art Colony artists by third parties, such as an artist or an artist’s estate holding rights to these works.

Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The use of the Material on any other website or in a networked computer environment for any purpose is strictly prohibited.  You may not copy or adapt the code on any part of a website, including that which the website creates to generate its pages, or is generated in portions of the website licensed from or by a third party. This code is also protected by the French Creek Art Colony artists’ copyright and other intellectual property rights, as well as the copyright and intellectual property rights of portions licensed from or by a third party.

We respect others’ intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing Material placed by any third party on the Website, please contact French Creek Art Colony via the “Contact Artist” tab.

Please provide the following information in writing:

a)        The identity of the copyrighted work(s) or other intellectual property that you claim has been infringed.

b)        The identity of the Material on the Website that you claim is infringing.  Please provide enough detail that we can locate it on the Website.

c)        A statement by you that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law.

d)        A statement by you declaring under penalty of perjury that the information that you provide in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

e)        Your name, address, telephone number, and e-mail address.

f)         Your physical or electronic signature.

TRADEMARKS, SERVICE MARKS, AND TRADE DRESS

Certain marks used on the Website are registered trademarks or service marks of French Creek Art Colony. Other graphics, logos, page headers, button icons, scripts, and service names are French Creek Art Colony’s trademarks, service marks, or trade dress and are the sole and exclusive property of French Creek Art Colony. French Creek Art Colony’s trademarks, service marks, and trade dress may not be used for any commercial or other purposes by any party other than frenchcreekartcolony.com without its prior written consent. All other trademarks, service marks, and trade dress not owned by French Creek Art Colony that appear on this site are the property of their respective owners, and may not be used without their prior written consent.

Any questions you may have about searches, directories and other features provided for your convenience on the Website must be directed to French Creek Art Colony through the above provided information.

GENERAL PROHIBITED USES
You may not use the Website to:
a)        Transmit, distribute, store, destroy, delete, and/or revise Material.
b)        Violate the rights of others, including without limitation, the rights of privacy and the right not to be defamed.
c)        Transmit, distribute, or store obscene, harassing, threatening, abusive, hateful, terroristic, or otherwise objectionable content.
You may not violate or attempt to violate the security of the Website, including without limitation:
a)        Accessing information and data not intended for you to access.
b)        Probing, scanning, or testing, or attempting to probe, scan, or test the vulnerability of the Website, or to breach the security or authentication measures without proper authorization.
c)        Interfering and attempting to interfere with the proper working of the Website, or the service of any user, host or network, including without limitation, submitting a virus, worm, spyware, Trojan horse or other harmful or disruption component to the Website, overloading, flooding, spamming, mail bombing, crashing, cracking, hacking, or defacing any portion of the Website.
d)        Forging, misrepresenting, or fraudulently submitting any information to Mimi Barclay Johnson, and forging any packet header, or part of any email to Mimi Barclay Johnson.
Violations may result in discontinuing your access to the Website, services, and products and/or civil or criminal liability. The Website will investigate violations and may involve law enforcement authorities to prosecute those responsible.

LINKS

The Website may provide hyperlinks to third party content that French Creek Art Colony does not control or endorse. The links and access to these websites and pages are for your convenience only. Access these websites and pages at your own risk. French Creek Art Colony is not responsible for any content, material, associated links, resources, or services associated with third party websites where the content is provided by parties other than French Creek Art Colony.  French Creek Art Colony/FCAC artists will not be liable for any loss or damage of any sort associated with your use of any websites where the content is not provided by French Creek Art Colony.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

FRENCH CREEK ART COLONY MAKES NO REPRESENTATIONS, INCLUDING THAT THE WEBSITE, ANY CONTENT OR MATERIALS, SERVICE, OR FEATURE, IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS, OR THAT MATERIAL YOU DOWNLOAD WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  FRENCH CREEK ART COLONY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. FRENCH CREEK ART COLONY  DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES. THE WEBSITE AND ITS MATERIALS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOUR SOLE REMEDY AGAINST FRENCH CREEK ART COLONY FOR DISSATISFACTION WITH THE WEBSITE OR ANY OF ITS CONTENT AND MATERIALS IS TO IMMEDIATELY STOP USING THE WEBSITE OR ANY SUCH CONTENT AND/OR MATERIALS. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.

Except where prohibited by law, in no event will French Creek Art Colony or FCAC artists be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if French Creek Art Colony or any or all FCAC artists has been advised of the possibility of such damages. If, notwithstanding the other provisions of this Terms of Use, French Creek Art Colony is found to be liable to you for any damage or loss which arises out of or in anyway connected with your use of the Website or any Materials, French Creek Art Colony’s or any or all FCAC artists’ liability shall in no event exceed $10. Some jurisdictions do not allow limitations of liability so the foregoing limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless French Creek Art Colony/FCAC artists, their assigns, licensors, or other respective owners, from any demands, loss, liability, claims, or expenses (including attorney’s fees), by any third party arising out of or in any way connected with any breach or violation by you of this Terms of Use, any use by you of the Website, or any disputes or damages arising out of your use of this Website.

APPLICABLE LAW

This Agreement will be governed and construed in the courts with the laws of the Commonwealth of Pennsylvania, and to the extent applicable, of the United States of America, without giving effect to its conflict of laws provisions.  You hereby submit, through use of the Website, to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and any United States courts located within its jurisdiction for purposes of any and all litigation arising out of the use of this Website.  You waive any objections to the forum of Pennsylvania for lack of venue, forum non conveniens, or any other jurisdictional ground.

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