These Terms of Service constitute an agreement between you and Easthampton City Arts+
(hereafter referred to as “ECA+
”). In this agreement, "we," "us," and "our" refer to ECA+
; "you" and "your" refer to you and to anyone who you allow to use your account; and "contribution" and "contributions" refers to any artwork, image of artwork, article, comment, message, calendar item, or other content that you have submitted to ECA+
At this time there is one type of membership available on ECA+
. At this time membership is free. There is no fee for membership, however, each year in March, ECA+
holds an annual Membership Investment Appeal. You agree that we may change the types of accounts that are available on ECA+
or the features associated with them at any time.
You must provide correct information in all of the required fields of the registration form. If we feel that your registration information is incomplete or inaccurate, then we may suspend your account until the information is corrected, or we may terminate your account. Further, your ECA+
membership Password and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of ECA+
website. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at email@example.com
Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as permitted above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services.
Under the Age of 18
If you are under the age of 18, you cannot be a member of the ECA+
web site, that is, you may not register as an individual or arts organization/business. You may use this site in conjunction with a membership affiliation through an arts organization, and under the supervision of your parents or guardians.
Terminate Your Account
You agree that we may suspend or terminate your account, at any time and without notice, if we believe that you have violated or acted inconsistently with the letter or spirit of this Member Agreement, or for any other reason. You agree that we may delete any of your contributions that we believe to be offensive, repugnant, or inappropriate in any other way.
You may only submit artwork to ECA+
if you are the copyright holder. If you created the work then you are most likely the copyright holder, unless you sold the copyright to someone else. If you don't own the copyright then you may not submit the work to ECA+
, even if you have some legal rights to it.
Material that Is Illegal
Use of Information
Links to Other Web Sites
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Update to Member Agreement
will occasionally update these terms of service and use. When we do, we will also revise the "last updated" date at the bottom of the Member Agreement page. You agree that your continued use of ECA+
constitutes acceptance of any changes. For material changes to this Member Agreement, ECA+
will notify you by placing prominent notice on the Main page.
You agree to indemnify and hold ECA+
, and their subsidiaries, affiliates, delegates, officers, agents, co-branders or other partners, licensees and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your contributions, your use of ECA+
, your connection to ECA+
, your violation of these Terms of Service, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using ECA, including, but not limited to, costs incurred for Internet access.
Disclaimer of Warranties. You expressly agree that your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. ECA+
expressly disclaims all warranties of any kind, whether express or implied.
makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error or virus free; nor does ECA+
make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in software used in connection with the service will be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
You specifically agree that ECA+
is not responsible for unauthorized transmissions, access to or alteration of your transmissions or data sent or received, or not sent or received, or any transactions entered into through the service. You acknowledge that ECA+
does not control content, information, products or services offered by advertisers or third parties on or through the service, including, but not limited to, information, products, or services provided by license to ECA+
from third parties. Except as otherwise agreed in writing, ECA+
assumes no responsibility for and makes no warranty or representation as to the accuracy, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers) through the service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from ECA+
or through the service shall create any warranty not expressly made herein. We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by us. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.
Limitation of Liability
Our affiliated parties and we have no liability whatsoever for your use of any information or service; nor do we have any liability whatsoever for any product purchased through the site. ECA+
shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data or other intangibles, even if ECA+
has been advised of the possibility of such damages, resulting from the use or the inability to use the service or from transactions entered into with ECA+
through the service or resulting from unauthorized access to or alteration of transmissions or data. You specifically agree that ECA+
is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service or such content in any document, material or item purchased through the site, or for any infringement of violation of another's rights by any other party on the service, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. The negation of damages set forth herein is a fundamental element of the bargain between you and us. This site and the information on the site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
The Member Agreement and Use shall be governed by and construed in accordance with the laws of the state of Massachusetts, without regard to conflict of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and waives trial by jury and any objection based on forum non-conveniens or venue. Any lawsuit arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If any provision(s) of the Terms of Service and Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ECA+
’s failure to exercise or enforce any right or provision of the Member Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Minds Island in writing. The section titles in the Member Agreement are used solely for the convenience of the parties and have no legal or contractual significance. The Member Agreement constitutes your entire agreement with ECA+
reserves the right to make changes to the ECA+
site, this Member Agreement and its disclaimers and policies at any time. Our failure to enforce any provision of this Member Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
Last Modified November 28, 2011