TERMS OF USE

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These Terms of Use may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Terms of Use, which govern your continued use of the Website. Each and every time you access the Website you shall be deemed to have agreed to the then current Terms of Use.

 

Your use of this Website is at the sole discretion of Arte for Elephants (A.F.E). We may deny you access to this Website or any portion thereof at any time, without notice and with or without cause. If you do not agree to these Terms of Use your sole recourse is to leave the Website.

 

Any section herein identified as 18+ is strictly limited to adults eighteen years of age or above.

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EU and UK residents: Please click HERE for our GDPR compliance policies.

 

Intellectual Property

You acknowledge and agree that all content included on or through the Website, including, but not limited to, text, graphics, videos, logos, buttons, icons, images, software and the selection and arrangement thereof (collectively, “Materials”), is the property of A.F.E or its licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to the Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of A.F.E or the respective copyright owner. A.F.E authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.

 

The names “Arte for Elephants” and other trademarks, logos and indicia of source displayed on the Website (collectively, "Trademarks") are owned by A.F.E, or their respective trademark owners. The Trademarks may not be used in connection with any product or service that does not belong to A.F.E or in any manner that is likely to cause confusion about whether A.F.E is the source, sponsor, or endorser of the product or service and may not be used in any manner that disparages or discredits A.F.E or our affiliates or designated charities.

 

User Content and Posting Guidelines

Certain pages on the Website allow users to post comments, engage in discussions and/or participate in public forums. Any information that you post on the Website may be seen by anyone on the Internet. When posting information on the Website, use good taste when discussing sensitive topics and treat others with respect. In addition, when posting information and media on the Website you must not:

 

• Post or transmit any message, information, data, text, software, link, image or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or otherwise objectionable or which may invade another person’s right of privacy or publicity;

 

• Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise post content that does not belong to you;

 

• Impersonate any person or entity or otherwise misrepresent your affiliation with such a person or entity;

 

• Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;

 

• Post or upload personal information, pictures, videos or any other media of another person without their express permission;

 

• Delete or revise any material posted by any other person or entity; or

 

• Post or upload any content or information unless it is your own work or creation or you have acquired any necessary license, authorization or permission needed to post or upload such information or content.

 

Any user failing to comply with these guidelines may be expelled from, and refused continued access to the public forums on the Website in the future. A.F.E or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Arte for Elephants expressly disclaims all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will A.F.E., its affiliates, licensors, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of A.F.E. A.F.E has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our sponsors, users and visitors.

 

Links to the Website, Frames and Metatags

You may not link to the home page of the Website in any way that might cast A.F.E. in a false or misleading light. You may not frame the Website content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates the name Arte for Elephants or the Trademarks without our express written consent.

 

Linked Websites

This Website may contain hyperlinks to sites owned and operated by parties other than Arte for Elephants. Such hyperlinks are provided only for ready reference and ease of use. We do not control such Websites and are not responsible for their contents. The inclusion of hyperlinks on our Website does not mean that we endorse or approve of any third party site to which you may have access through the linked Websites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party sites or for any action you may take as a result of linking to any such site. Each of the sites to which you may link are likely to set forth specific terms and conditions of use that you should review. Please review the terms of use and privacy policy of any linked site.

 

Indemnification

You agree to indemnify, defend, and hold harmless Arte for Elephants, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, designated charities and affiliates (collectively, “Arte for Elephants and Affiliates”) from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by Arte for Elephants and Affiliates arising out of (i) any claim by a third party relating to the posting, distribution, modification, or alteration by you of any content, or (ii) your use of the Website in violation of these Terms of Use or in violation of any applicable law.

 

You agree to cooperate with us as reasonably required in the defense of any such claims. Arte for Elephants, and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Arte for Elephants.

 

Security

The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. Although we take reasonable means to protect the security of the information communicated through the Website, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our Website has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Website to communicate with us, you do so at your own risk.

 

Privacy

We are committed to respecting your privacy and that of the information you provide to us. By using this Website, you consent to the processing of personal information about you as described in the Privacy Policy for this Website, which is hereby incorporated by reference within these Terms of Use.

 

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Please note that by 

 

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED, OR USED BY OTHERS. YOU AGREE NOT TO HOLD THE POETRY FOUNDATION AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS WEBSITE.

 

Digital Millennium Copyright Act Notification of Alleged Copyright Infringement.

Arte for Elephants avails itself of the protection of the Digital Millennium Copyright Act. We reserve the right to remove any content or links that allegedly infringe another person's copyright.

 

Warranty and Liability Disclaimer

THIS WEBSITE IS PROVIDED AS IS AND WITH ALL FAULTS. WE GIVE NO WARRANTIES IN RESPECT OF THIS WEBSITE WHATSOEVER.

 

ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS WEBSITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. A.F.E DOES NOT WARRANT THAT THIS WEBSITE, OR ANY OTHERS WEBSITE THAT MAY BE LINKED TO THROUGH THIS WEBSITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.

 

A.F.E IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS WEBSITE.

 

Remedies for Misuse

You agree that any unauthorized use of the Website or its contents may cause Art for Elephants and Affiliates immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Website may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

 

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILLFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR UNAUTHORIZED COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE WEBSITE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF USE, THEN YOU SHALL BE LIABLE TO TPF FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

 

Governing Law

These Terms of Use, including the Privacy Policy incorporated by reference, and any claim or dispute relating to it will be governed by the laws of the State of Texas applicable to contracts made and performed there without regard to its conflicts of law principles.

 

Termination

We reserve the right to terminate these Terms of Use, including the Privacy Policy incorporated by reference, at any time without notice for any reason or for no reason, including for any user's violation of any of the provisions of the Terms of Use. The Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

 

General Terms and Conditions

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the

Terms of Use shall continue in effect.

 

These Terms of Use constitute the entire agreement between you andA.F.E and Affiliates with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and A.F.E and Affiliates with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

 

Any rights not expressly granted herein are reserved by Arte for Elephants.