Terms of Use

Use of the Website

By accessing mcevoyarts.org or any other subdomain of mcevoyarts.org (the “Site”) you warrant and represent to the McEvoy Foundation for the Arts (the “Foundation” or “McEvoy Arts”) that you are legally entitled to do so and to make use of information made available via the Site and accept without limitation or qualification these terms and conditions (the “Terms and Conditions”).

Trademarks

Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on this Site, including MCEVOY FOUNDATION FOR THE ARTS and McEvoy Arts, are registered and/or unregistered marks of the Foundation. The Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of the Foundation or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

Eligibility

You must be at least 13 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.

External Links

This Site may contain links to third-party websites (“Linked Services”). We are not responsible for any Content on any Linked Service. We provide these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the Linked Services. Linked Services are governed by their own terms and policies, which the Foundation encourages you to read, should you choose to visit them.

Warranties

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 USE, AND/OR NON-INFRINGEMENT. The Foundation 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 use of the Site or your downloading of any Materials from the Site.

Guidelines for Use of the Site

By using the Site, you agree not to:

  • use the Site for any purpose or activity (or to solicit the performance of any activity) that is unlawful or prohibited (including, without limitation, the prohibitions in this section) by the Terms;
  • use the Site if you do not meet the eligibility requirements described in section 3 above;
  • defame, harass, abuse, threaten, stalk, or defraud users of the Site. You further agree not to collect or attempt to collect personal information about users or third parties without their consent;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  • post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • intentionally interfere with or damage, impair, or disable the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code;
  • remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site;
  • attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Site, or any part of them through hacking, password mining, or any other means;
  • access or use any automated process (such as a robot, spider, scraper, or similar) to access the Site in violation of our robot exclusion headers, or for the purpose of scraping all or a substantial portion of the content of the Site (other than in connection with bona fide search engine indexing), or as may otherwise be expressly permitted by the Foundation;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or access any other Service account without permission or in excess of any account permissions you may have

Permitted Use of Materials

The Foundation and its licensors are the owners of the text, images, marks, data, audio, video, design, visual interfaces, graphics, computer code (including source code or object code), and all other content that is posted on this Service, but excluding any Non-McEvoy Arts Content (as defined below) (collectively the “Materials”).

Except as expressly authorized by McEvoy Arts and/or the applicable rights holder, or except for parts of the Service expressly subject to a separate license (in which case such license will govern use of that part of the Service), the Materials are made available for limited noncommercial, educational, and personal use only, or for fair use as defined in United States copyright laws. Additional terms or restrictions may be specified in the metadata or McEvoy Arts policies applicable to the Materials. You must, however, cite the author and source of the Materials as you would material from any printed work, and the citations should include the URL “www.mcevoyarts.org” By downloading, printing, or otherwise using Materials, whether accessed directly from the Service or via other sites, services or mechanisms, you agree that you will limit your use of such files to noncommercial, educational, or personal use, or for fair use, and will not violate the MFA’s or any other party’s proprietary rights or applicable policies. You may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Foundation. Information on United States copyright fair use law is available from the United States Copyright Office at https://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and/or for responding to any claims that may arise from your use.

Unauthorized Commercial Use of Materials

You may not use the Materials for commercial purposes. This means that you may not sell the Materials or sell materials, products or services that use and incorporate the Materials, nor may you use the Materials to promote or advertise products or services. If you wish to use the Materials for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain prior written permission from the Foundation (or other owner of the Materials as applicable).

Disclaimer of liability

The Foundation shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on the Site, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Foundation nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms

If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site. The Foundation may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions. The Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Foundation.

Jurisdiction

The laws of the State of California govern these Terms of Use and your use of this Site in all respects. Any dispute relating to these Terms of Use and your use of this Site shall be resolved solely in the state or federal courts located in San Francisco, California.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute, controversy or claim and agree to waive trial by jury in any such dispute.  If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable and all other terms of these Terms of Use shall remain in full force and effect.

Privacy

For more information on what personal information is collected and used by the Foundation, please visit the Privacy Policy page on this website.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contacting Us

If you have any questions about the Terms of Use, please contact us at web@mcevoyarts.org, 415-580-7605, or at:

web@mcevoyarts.org
McEvoy Foundation For the Arts
1150 25th St., Building B
San Francisco, CA 94107

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.