Modernism Week and www.modernismweek.com
Copyright 2016 Modernism Week, Inc.
All rights reserved.
Modernism Week (“Modernism Week”) has created and maintains www.modernismweek.com (the “Site”) to provide education, information, and communication with the public. Access to and use of this Site is subject to the following terms and conditions (“Terms and Conditions”), incorporated herein by this reference, and all applicable laws, rules and regulations. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms.
The contents of the Site, including without limitation text, graphics, images, and other material contained on the Site (“Content”) are for informational purposes only.
TERMS AND CONDITIONS
The term “Modernism Week Events,” applies to any and all event(s) promoted and/or offered through the Site.
Access to and use of Modernism Week’s image(s) and text files and data on the Site are subject to the following Terms and Conditions:
1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions not expressly set forth herein, as well. Modernism Week and relevant third parties retain all rights, including without limitation copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Terms and any revisions thereto, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.
2. The Materials are made available for use without the express permission of Modernism Week only for limited non-commercial personal or educational use, or for fair use as defined in Section 107 of Title 17 of the United States Code. Such use will be at your own risk and in granting this limited permission, however, Modernism Week does not warrant or represent that use of Materials will not infringe the rights of third parties not owned by or affiliated with Modernism Week. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than Modernism Week, including reproductions of works of art licensed to Modernism Week by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Site. In consideration for access to and use of the Site and the limited permission for use of the Materials as described above, you covenant and agree to obtain permission for the use of the Materials described above from the relevant parties and agree to hold Modernism Week harmless and indemnify Modernism Week for any claims related in any way to such use. Use of these Materials by you is prohibited unless specifically permitted by these Terms and Conditions.
3. Modernism Week expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any Materials on the Site, and permits only the purposes described above.
4. While Modernism Week uses reasonable efforts to include accurate and up-to-date information in this Site, Modernism Week makes no representations or warranties as to its accuracy. Modernism Week assumes no liability or responsibility for any errors or omissions in the content of the Site. User assumes all risk for reliance on any information contained on the Site.
5. Use of, and browsing, in the Site are at your risk. Neither Modernism Week nor any other party involved in creating, producing, delivering or maintaining the Site are liable for any damages of any kind including without limitation any and all 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. Modernism Week 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.
6. Except where specifically indicated otherwise, any and all communications or materials you transmit to the Site by electronic mail or other means, including, but not limited to, any data, questions, comments, or suggestions are, and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Modernism Week or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Modernism Week is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Modernism Week reserves the right to remove any posts that it deems offensive or inflammatory.
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 Modernism Week. Permission for such use is granted on a case-by-case basis at the sole and absolute discretion of Modernism Week. For inquiries, please contact Modernism Week at the address listed on the Site.
A usage fee may be charged depending on the nature and type of the proposed use. Modernism Week reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.
The trademarks, online logo marks, and service marks (collectively the “Trademarks”) displayed on the Site, including Modernism Week are registered and/or unregistered Trademarks of Modernism Week. 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 Modernism Week or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited and may subject you to liability.
The Site may contain links to third party sites. Modernism Week 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 any off-site pages or to other sites is at your own risk. Modernism Week provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site and any and all views, opinions, and positions expressed in these links are theirs alone and do not necessarily reflect the views, opinions or positions of Modernism Week. Modernism Week makes no representations as to accuracy, completeness, timeliness, suitability or validity of any information presented in these links and is not liable for any errors or omissions in information provided in those links, nor injuries or damages arising from your reliance thereon.
LINKS TO MODERNISM WEEK
Modernism Week encourages all individuals and organizations to link to our site; provided, however, Modernism Week provides its prior written consent. Upon Modernism Week’s prior written consent to link to the Site, please use this URL: http://www.modernismweek.com, and notify Modernism Week via E-mail that you have linked to Modernism Week’s site. If you would like to use Modernism Week’s logo as the link, E-mail Modernism Week with your request. Modernism Week reserves the right to refuse such requests at its sole and absolute discretion.
CONTENT PROVIDED BY USERS OF THE SITE
Although Modernism Week may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Modernism Week is under no obligation to do so and assumes no responsibility or liability arising from content found on the Site, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Users of the Site are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. To the fullest extend required by law, Modernism Week shall cooperate with any law enforcement authorities or court order requesting or directing Modernism Week to disclose the identity of anyone posting any such information or materials.
DIGITAL MILLENNIUM COPYRIGHT ACT
For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Section 512(c)(2), Modernism Week has designated an agent for notification of claimed infringement as follows: Tim O’Bayley – O’Bayley Communications. 760-778-3525. Modernism Week 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. Pursuant to 17 U.S.C. Section 512, Modernism Week shall not be liable for monetary relief, injunctive or other equitable relief, for infringement of copyright by reason of Modernism Week transmitting, routing or providing connections for, material through the Site, or by reason of intermediate and transient storage of such material in the course of such transmitting, routing or providing connections. You covenant and agree that this provision shall not limit protections afforded to Modernism Week pursuant to 17 U.S.C Section 512.
APPLICABLE LAW AND JURISDICTION
The Site (excluding links to Web Sites operated by third parties) is controlled and operated by Modernism Week from its offices in Palm Springs, California. Although Modernism Week has made no effort to publish the Site elsewhere, it is accessible in all fifty (50) U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Modernism Week both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using the Site in any way, you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Riverside County, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Riverside County, California, you will be responsible for compliance with all local laws and regulations of such other locations.
You agree to indemnify, defend, and hold Modernism Week, its trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of, access to, and/or operation of the Site.
Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Modernism Week. Modernism Week may at any time revise the Terms and other notices contained herein by updating this posting. You covenant and agree to be bound by such revisions and shall visit this page and the Site to review the then-current Terms.
TRANSACTION INFORMATION; REVOCABLE LICENSE; REFUSAL OF ADMISSION
You must be at least eighteen (18) years of age to purchase a ticket to Modernism Week Events. All sales are final and non-transferable. Purchaser understands and acknowledges that there shall be no refunds and no exchanges, and the tickets are not redeemable for cash or eligible for resale. The resale or attempted resale of any good, product or service at a price higher than that it was sold for is prohibited and if discovered will result in such good, product or service being voided without refund or other compensation. A ticket to Modernism Week Events or any other related perk may not be used for advertising, promotion (including sweepstakes, contests and giveaways), or other trade or commercial purposes without the express written consent of Modernism Week. A ticket to Modernism Week Events is a revocable license. Modernism Week reserves the right, without refund of any portion of the price paid or other compensation to you, to refuse admission or to eject any person from Modernism Week Events, and/or withdraw or refuse to begin services or provide goods to any person, who fails to comply with this Policy, the rules of an applicable third party, and/or applicable local, state or federal law, regulation, or ordinance, in whole or in part, or whose conduct is deemed by Modernism Week or the applicable third party as disorderly, annoying, illegal, vulgar, abusive, threatening, uncomfortable, aggressive, or out of compliance with this Policy or the applicable third party’s terms, conditions, rules or policies (all of the above in this sentence, collectively, “Removal Behavior”).
SEARCH, EJECTION AND TERMINATION
By purchasing or attending a Modernism Week Event, you covenant and agree that you and your belongings may be searched upon entry to, or otherwise in connection with your attendance at, Modernism Week Events. You hereby consent to such searches and forever waive any and all related claims that could arise. If you elect to withdraw such consent to such searches, you may be denied access to Modernism Week, or removed from Modernism Week, without refund or other compensation. Under certain facility rules, certain items may not be brought into certain events or premises, including, without limitation, alcohol, drugs, controlled substances, weapons of any kind (including toy weapons), professional cameras and recording devices, laser pointers, strobe lights, irritants, various forms of containers, and any other item noted as prohibited on the Site or other information released by Modernism Week. Breach of this Policy or any applicable third party’s terms, conditions, rules or policies will terminate your license to attend Modernism Week without refund or other compensation.
Modernism Week is a RAIN OR SHINE event. However, weather or any other factor may make Modernism Week Events impossible and/or unsafe to produce or complete as scheduled, in whole or in part. If Modernism Week Events are canceled, postponed or rescheduled, in whole or in part, Modernism Week will issue instructions shortly thereafter. Artists, schedules, production elements, vendors, art exhibits, amenities, and all other aspects of Modernism Week are subject to change for any or no reason without notice and without grounds for refund. Refunds may be made at the sole discretion of Modernism Week.
By attending Modernism Week Events, you hereby irrevocably grant to Modernism Week and its affiliates (collectively, the “Promoters” and individually “Promoter”) and each of their respective designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes including without limitation future Modernism Week events and/or other events produced by any of the Promoters and you hereby release each and all of the Promoters and each and all of their respective designees, successors, assigns and licensees from any liability with respect thereto.
REPRESENTATIONS AND WARRANTIES
Without limiting anything set forth in this Policy, you hereby represent, warrant, and covenant, as the case may be, that (a) you will not violate any applicable laws, ordinances and/or regulations at or in connection with Modernism Week and/or activities corresponding to your transactions with Modernism Week; (b) you are of sufficient legal age and authority to enter into any transaction with Modernism Week, to attend Modernism Week Events, and to create legal binding obligations for any liability you may incur as a result of entering into this Policy; (c) you are an authorized user of the credit or debit card used enter into any transaction with Modernism Week; (d) you shall at all times be in compliance with any and all terms, conditions, policies and rules set forth by Modernism Week and/or any applicable third party terms, conditions, policies and/or rules; and (e) you will not attempt to charge back your purchase with your bank or credit card company.
ALL PRODUCTS, GOODS AND SERVICES IN CONNECTION WITH MODERNISM WEEK ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EACH OF THE PROMOTERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. You acknowledge and agree that by purchasing a ticket to any and all Modernism Week Events and/or attending any and all Modernism Week Events and/or using any corresponding amenity, you may be engaging in activities that may involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, without limitation, those caused by or in connection with: (a) the actions, inactions or negligence of a third party, and participants, volunteers, performers, guests and spectators at Modernism Week; (b) conditions of any premises or equipment used; (c) temperature and/or weather; (d) condition of other participants or guests; (e) vehicular traffic; (f) offensive language or other vulgar or obscene material or actions; and (g) other risks that are not known or foreseeable at this time.
For each visitor to the Site, our server recognizes only the consumer’s domain name. Modernism Week reviews the domain name for internal review and it is thereafter discarded.
If you request a document, e-mail or otherwise contact Modernism Week with a request or comment Modernism Week may use any information provided (including your e-mail, postal, or telephone information) to update already existing databases for marketing purposes.
Registration or other information provided may be retained in our databases and used as described below.
Modernism Week compiles lists from our database for communications and marketing purposes. You may have your name removed from our lists by communicating this request to Modernism Week.
Modernism Week makes every reasonable effort to insure that all information in our database remains accurate and complete and that all information is protected from unauthorized access and use.