Terms of Use

Terms of Use Agreement 

Welcome to Mural Arts Philadelphia website, https://www.muralarts.org,  (collectively, the “Site”).  By using or accessing the Site, you signify your knowledge and acceptance of all terms set forth below (“Terms of Use” or “Terms”), as well as the MAP Privacy Policy.

Please review the following Terms carefully.  If you do not agree to these Terms, you should not use or access the Site.  The terms “MAP” or “us” or “we” or “our” refer to Mural Arts Philadelphia, the owner of the Site.  The term “you” refers to the user or viewer of the Site.

Acceptance of Agreement

MAP provides access to the Site to you subject to these Terms of Use.  These Terms of Use constitute an express agreement between MAP and you for access to and use of the Site.  By accessing the Site, you acknowledge and agree that you have carefully read all of these Terms of Use, that you understand each of them and that you agree to be bound by all of them.   

We reserve the right, at our discretion and without prior notice, to revise the Terms of Use and Privacy Policy from time to time without notice to you.  Please check the Terms of Use and Privacy Policy periodically for changes.  Your continued use of the Site following the posting of any changes to the Terms of Use or Privacy Policy constitutes acceptance of those changes.

Site Content

Except as otherwise noted, all content contained in the Site, including without limitation all trademarks, logos, text, images, video, audio, graphics, code, as well as each MAP website as a whole (collectively the “Content”), is owned, controlled and/or licensed by MAP.  The Content is protected by trademark, trade dress, copyright, and/or other intellectual property laws and therefore you may not modify, copy, distribute, transmit, display, perform or create derivative works from information or material on the Site.

Some of the content on the Site is the copyrighted work of third parties.  Content owned by third parties available on the Site is used by MAP pursuant to a license from a third party.  Your use of such Content must comply with the terms of that license.

Third-Party Information and Websites

Information relating to third parties unrelated to MAP, including links to websites operated by third parties (“Third-Party Websites”) is provided solely for informational purposes and does not constitute an endorsement by MAP of the accuracy or reliability of any information, products and/or services provided by such third parties, nor does it signify any affiliation between the Website owner and MAP.  Further, MAP assumes no responsibility for products supplied by or services rendered by, or arrangements made with, any third party.

Third-Party Websites may offer services, products, or other resources and are provided for your convenience only.  Links to Third-Party Websites will take you to websites that are not related to MAP and not under our control.  Your use of such Third-Party Websites will be governed by each such website’s terms and conditions and other applicable policies.  MAP shall not be responsible or liable for any content or related materials contained on any such Third-Party Websites.  You should be aware that the material posted on such Third-Party Websites may or may not be accurate and up-to-date.  Any questions about content you find on such Third-Party Websites should be directed to the owners of those websites.

Content Disclaimer

Although MAP makes every effort to ensure that the materials provided on the Site are current and accurate, MAP cannot and does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site.  Further, MAP cannot and does not represent or warrant that the information available for downloading through the Site will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive behavior.  You assume all risk and responsibility for your use of the Site and the Internet.  Additional disclaimers may appear within the body of the Site and are incorporated herein by reference.

Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; and (c) to copy, download, or print out copies of any content that you are authorized to download from the Site, solely as needed to participate in MAP’s programs and activities, provided that you maintain all copyright and other proprietary notices contained in such material.  Any use of the Content in any non-MAP publication, website or computer environment is strictly prohibited.

Submissions

MAP welcomes comments and feedback from users of its Site and participants in its programs.  If you submit comments, feedback, questions, or testimonials with us or with other visitors to the Site (each a “Submission” and collectively, the “Submissions”), you grant to MAP an unrestricted, irrevocable, worldwide, royalty-free, fully-paid license to use, reproduce, display, perform, transmit, distribute, modify or create derivative works from such Submissions, including in marketing and promotional materials, and, further, to use your name, and/or the name of your organization or company in connection with such uses of this content.

Limitations on Use

Your license for access to and use of the Site and any Content contained therein is subject to the following restrictions and prohibitions on use.  You agree that by submitting content:

• you are solely responsible for any information you post, provide or submit and that MAP is not responsible or liable for such Submissions;
• you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MAP all of the license rights granted herein;
• you will only submit content that complies with applicable law; you will not submit content that attempts to impersonate another individual; you will, at all times, provide true, accurate, current, authorized and complete information; and you will not submit content that is false, misleading, illegal, abusive, defamatory, obscene, infringing, threatening, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of the Site or another’s computer; and
• you will not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed).

MAP, in its sole discretion and without notice, has the right to terminate your right to access or use the contents of the Site for violation of these Terms of Use or for any other reason.  MAP also has the right to remove any content from the Site at any time, for any reason, with or without cause.

Linking to the Site

You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site; (b) the link does not imply endorsement by MAP of your website; (c) your website does not engage in illegal or pornographic activities or portray the Site in a false, misleading, derogatory, disparaging or otherwise offensive manner; and (d) you discontinue providing links to the Site immediately upon request by us.

Digital Millennium Copyright Act Notice

If you believe that material on the Site is being used in a manner that constitutes copyright infringement, please notify our Designated Agent (indicated below) in writing.  Pursuant to the Digital Millennium Copyright Act, we will, upon receiving effective written notification of such a claim, promptly remove or disable access to the allegedly infringing material.

To be effective, the notification must include the following information:

1. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to be infringed on the Site, then provide a representative list of such works.

2. Identification of the material on the Site that you claim infringes on the copyrighted work(s) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material.

3. Your mailing and e-mail addresses and your telephone and fax numbers, so that we can contact you.

4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.

5. A statement by you that the information in the notification is accurate, and that, under penalty of perjury, you either are the copyright owner or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

6. A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner.

Anyone who knowingly misrepresents that material is infringing is liable for any damages incurred as of result of our relying on such misrepresentation in removing or blocking the material.

MAP’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is:

Steve Weinik
Mural Arts Philadelphia
Lincoln Financial Mural Arts Center
267-258-1669
steve.weinik@muralarts.org

Warranty Disclaimer

THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SITE’ CONTENT, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE.  THE INFORMATION, CONTENT AND OPERATION OF THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS FOR WHICH MAP DOES NOT UNDERTAKE ANY OBLIGATION TO CORRECT.  MAP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE HYPERLINKED OR FEATURED HEREIN.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MAP OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, OR PROMOTIONAL PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR A DELAY OR INABILITY TO USE THE SITE, OR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, THE INFORMATION AND MATERIALS CONTAINED WITHIN THE SITE.  IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL MAP PARTIES ARISING OUT OF OUR RELATING TO THESE TERMS OF USE AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE SITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE SITE.

Indemnification

You hereby agree to release and hold MAP, its officers, directors, employees, agents and representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages and/or costs (including without limitation attorneys’ fees) they incur arising out of or related to (i) any information, content or other writings you submit to the Site; (ii) your use of the Site, (iii) your violation of these Terms of Use; or (iv) your infringement of any intellectual property or other right.

Privacy

The MAP Privacy Policy, applies to your use of the Site, and its terms are made part of these Terms of Use.

Severability

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly expresses the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.

Jurisdiction and Binding Arbitration

Any claim or dispute arising out of or relating to these Terms of Use or use of the Site shall be resolved exclusively in the in the courts of the Commonwealth of Pennsylvania, Philadelphia County, or in the United States District Court for the Eastern District of Pennsylvania, and you consent to the personal jurisdiction of such courts and waive any right to trial by jury.  Any claim that you may have arising out of or relating to the Terms of Use or use of the Site must be commenced within one (1) year of the accrual of such dispute or claim.

Miscellaneous

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by MAP.  MAP’s failure to strictly enforce the performance of any provision of these Terms of Use shall not be deemed a waiver of its rights under such provision.  MAP may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Changes in the Site and These Terms of Use

MAP has the right, in its sole discretion, to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Site at any time, without notice, with such changes effective upon posting on the Site.

Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints or service issues pertaining to the Site, please contact steve.weinik@muralarts.org.

Last updated:  June 4, 2010.

Copyright © Mural Arts Philadelphia, 2010