ArtWalks CLT Inc Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE ACCESSING OR USING THIS WEBSITE.

ArtWalks CLT Inc (“ArtWalks”, “I” or “us” or “we”), a North Carolina non-profit corporation, owns and operates this Website and any other web services offered by ArtWalks now or in the future, including, but not limited to, its related social media platforms.  The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. 

By accessing, using, downloading, or viewing this Site or any of its services, resources, and Content (defined below), including, but not limited to, our self-guided tours and trails (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use govern your use of the Site and Content (defined below) and other materials and resources we make available on this Site (collectively, the “Services”). These Terms constitute a legally binding agreement made by and between ArtWalks and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. 

If you do not agree to these Terms and agree to follow all applicable laws, then please cease access or use of the Site and Services immediately. If you access any ArtWalks Site on a social media network (e.g., Facebook), you also consent to and agree to abide by the terms and conditions of that social media network. If you have questions about these Terms, please get in touch with us by email at info@artwalksclt.com. 

1. CONTENT

Our Intellectual Property. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, educational materials, products, services, and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by ArtWalks, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively, the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to ArtWalks or other respective owners that have granted ArtWalks the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, and non-sublicensable, and revocable right to access, view, and use the Site solely for your personal purposes and non-commercial use, and as we otherwise intend. ArtWalks reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.

Personal purposes and non-commercial use does not include the use of the Content without prior written consent from ArtWalks in connection with (i) developing any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system, (ii) using robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data, or information from our Site, or otherwise use, access, or collect the Content, data, or information from our Site using automated means, and (iii) providing archived or cached data sets containing Content to another person or entity. ArtWalks reserves the right to monitor the Services and Content for the purpose of determining that your usage complies with these Terms.

Furthermore, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or the Content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of ArtWalks, as well as other authors who created the materials, and may be subject to monetary damages and penalties. By viewing and utilizing the Content, including, but not limited to, our self-guided tours and trails, and other materials (collectively, “the Materials”), you are agreeing that the Content is not to be shared or distributed without our explicit consent. Your use does not grant you licensing rights to use the Materials for your personal and/or business endeavors.

Your Intellectual Property. We claim no intellectual property rights over the materials you supply to ArtWalks. You retain copyright and any other rights you may rightfully hold in any content you submit through the Site or Services. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. The content you submit to ArtWalks remains yours to the extent that you have any legal claims therein. You agree to hold ArtWalks harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. 

Third-Party Intellectual Party. You will not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, “Third-Party Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Third-Party Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Third-Party Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Third-Party Materials and that the use or display of the Third-Party Materials will not violate any laws, rules, regulations, or rights of third parties. 

2. YOUR CONDUCT

Use of the Site and Services. To access or use the Site or Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or Services. Information provided on the Site and in the Services related to products, services, educational content, and other information are subject to change. ArtWalks makes no representation or warranty that the information provided, regardless of its source (the Content), is accurate, complete, reliable, current, or error-free. ArtWalks disclaims all liability for any inaccuracy, error, or incompleteness in the Content. 

Lawful Purposes. You may use the Site and Services for lawful purposes only. You agree to use the Site and access services or products through the Site for legitimate, non-commercial purposes only. You will not post or transmit through the Site any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. 

Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding ArtWalks or any of ArtWalks’s officers, directors, employees, personnel, agents, policies, services, or products other than to comply with the law. This provision in no way restricts your ability to communicate reviews or performance assessments about ArtWalks’s goods or services.

Personal Responsibility. You acknowledge the inherent risk of certain Services, including, but not limited to, our self-guided walking tours and trails, and understand that sufficient physical strength is required to participate in these Services. Existing health problems or medical conditions may be precluded your participation from portions of the Services. Furthermore, you acknowledge that you are participating voluntarily in using the Services and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Services, and you agree to use your own judgment and due diligence before partaking in any services.

3. TERMS OF USE

Please review the Terms of Use carefully and make sure you understand them before using a Service because they contain important and relevant information.

For Educational and Informational Purposes Only. The information provided by ArtWalks or through our Site is for educational and informational purposes only and solely as a self-help tool for your own use.

Product Description, Errors, and Omissions. We try to make the Site thorough, accurate, and helpful to our visitors. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an inaccurate description or item unavailability. We reserve the right to correct errors (whether by changing the information on the Site or by informing you of the error) or to update product or Services information at any time without notice. 

Although every effort is made to ensure the accuracy of information shared on or through our Site, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through the Site or of those of any other individual or company affiliated with ArtWalks in any way. Because the fields from which the Content is drawn are constantly evolving, you agree that we are not responsible for the accuracy of our Site or Services or for any errors or omissions that may occur.

We endeavor to describe and display the details of the Services as accurately as possible. While we try to explain the Services clearly, please do not assume that these details are entirely accurate, current, or error-free. From time to time, we may correct errors in descriptions. 

ArtWalks makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 

ArtWalks may change the materials on the Site or Services at any time without notice. However, ArtWalks does not commit to updating the materials.

Modifications. We reserve the right to modify or discontinue the Services (or any part or content provided) at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the products.

4. DMCA TAKEDOWN POLICY

Infringement Notification. ArtWalks respects the rights of others, and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may take appropriate actions against offenders. We may also remove content that, in our sole discretion, appears to infringe on the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright that you own or for which you are a designated agent, please send a notice of infringement by email to info@artwalksclt.com.

Send such notice with the information that sets forth the items specified below:

• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include      information reasonably sufficient to permit ArtWalks to locate the      material. Please provide a URL and screenshots for each item. Include the      specific asset(s) or page(s) that you claim to be infringing. Say “entire      work” ONLY if all assets/pages in a collection/document are infringing.
• Include details of your claim to the material or      your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone      number should we need to clarify your claim.
• Provide a working email address where we can      contact you to confirm your claim.
• If true, include the following statement: “I have      a good faith belief that use of the copyrighted materials described above      as the allegedly infringing web pages is not authorized by the copyright      owner, its agent, or the law.”
• If true, include the following statement: “I      swear, under penalty of perjury, that the information in the notification      is accurate and that I am the copyright owner or am authorized to act on      behalf of the copyright owner to make this complaint.”
• Sign the document, physically or electronically.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES, AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright, or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, we may terminate access to the user’s account.

No Endorsement. References or links on the Site, Services, or Content to the information, opinions, advice, programs, products, or services of any other individual, business, or entity do not constitute our formal endorsement. We are not responsible for the Site content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced. Conversely, should links to our Site or Services appear on any other individual, business, or entity Site, program, product, or service, it does not constitute our formal endorsement of them, their business, or their Site.

5. LIABILITY

Limitation of Liability. By using the Services, you agree to absolve ArtWalks of any liability or loss that you or any other person may incur from the use of the information, products, services, or materials that you request or receive through or on our Site. You agree that we will not be liable to you, or to any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for use of or reliance on our Site. You agree that we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by ArtWalks or anyone acting as our agent, consultant, partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with our business, which is engaged in delivering content on or through the Services. In no event will ArtWalks’s cumulative liability to you exceed the total purchase price of the service you have purchased from ArtWalks, and if no purchase has been made by you, ArtWalks’s cumulative liability to you will not exceed $100.

6. GENERAL TERMS

Indemnification. You hereby fully and completely hold harmless, indemnify, and release ArtWalks and any of our agents, consultants, partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with our business or ArtWalks from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Site and Services. 

You will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You will not settle any third-party claim or waive any defense without our prior written consent. 

Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions. 

Entire Agreement; Waiver. This Agreement constitutes the entire agreement between you and ArtWalks pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ArtWalks will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by ArtWalks. 

Notices. All notices, requests, demands, and other communications under this Agreement must be in writing and sent to info@artwalksclt.com.

Governing Law; Venue; Mediation. This Agreement will be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement will be Mecklenburg County, North Carolina. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which will be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. 

Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

Severability. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. 

Assignment. These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. 

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Notice to California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to Users Outside the United States of America. The Site is controlled and offered by ArtWalks from the United States of America. ArtWalks makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of the information you provide to us.

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We reserve the right to update any portion of our Site and Services, including these Terms, at any time. Posting the new Terms on the Site serves as notice to you of such amendments. Any use of the Site or Services by you after being notified means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on our Terms of Use page. 

Questions? If you have questions, please get in touch with us at info@artwalksclt.com.

Updated: September 2023