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© 2017 ART IN THE AGE OF MECHANICAL REPRODUCTION
TERMS OF USE
The following Terms and Conditions (“Terms and Conditions”) govern your use of the World Wide Web Site located at artintheage.com (the “Site”). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
1. Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © 2017 Art in the Age, all rights reserved. Art in the Age (“AITA ”) also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of AITA , is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of AITA , without AITA ’s advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to AITA or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Product Information
The products displayed on this Site can be ordered and delivered worldwide. The prices displayed on the Site, however, are quoted in U.S. dollars. Although we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.3. Communications with and Submissions to the Site / Use of Submissions
(a) AITA encourages visitors to submit feedback and suggestions about how to improve our products, information, services, and this Site as a whole, as well as various photographs, sound recordings, motion pictures, visual images, videos, song lyrics and/or other materials (collectively, “Submissions”). By transmitting any Submissions, which shall also include suggestions, information, data, material, or other content, to AITA , you automatically grant AITA (i) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works and in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s); and (ii) the right to use your name, likeness, voice, photograph, and any other indicia of identity and information provided to AITA by you, in connection with the use, exploitation, promotion and/or advertising of the Submission(s) and/or the Site. Further, AITA is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.4. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to AITA via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure. Alternative to communicating via the Internet or electronic mail, AITA can be contacted by regular mail at 116 NORTH 3RD STREET PHILADELPHIA, PA 19106, by phone at 215-922-260.5. Privacy Statement
AITA has a Privacy Statement setting out AITA ’s online information gathering and dissemination practices with respect to the Site. Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.6. Securities Information
This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about AITA , and although this information was believed to be accurate as of the date prepared, AITA disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.7. Disclaimer of Warranty and Liability
This site, the site materials on and in and made available through this site, and the services, information, and products offered in connection therewith are made available “as is” and “with all faults.” use of this site is entirely at your own risk.8. Corrections and Changes
AITA endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, AITA is not responsible for any errors or omissions in the Site or Site Materials. AITA may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and AITA makes no commitment to update the information contained on or in this Site. AITA reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.9. Indemnification
You agree to defend, indemnify, and hold harmless AITA , its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your Submission(s) to the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.10. Links to Other Web Sites
This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which AITA exercises no control, and AITA expressly disclaims any and all responsibility for the content, the accuracy of the information or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms and Conditions or otherwise, AITA is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other Web sites or by third parties.11. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither AITA nor it contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.12. Governing Law and Jurisdiction
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and AITA with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules; Provided, however, that the Terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these Terms and Conditions of the applicability of one or more sections of the law.13. Miscellany
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Philadelphia County, Pennsylvania, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by AITA from its offices within the United States. Without limiting anything else, AITA makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of AITA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of AITA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.
PRIVACY POLICY
This Privacy Statement sets forth the information gathering, use, and dissemination practices of Art in the Age (“AITA”) in connection with the World Wide Web site located at www.artintheage.com (the “Site”). This Privacy Statement addresses AITA’s practices regarding information collected only directly through or from the Site it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. AITA can be contacted by mail at 116 NORTH 3RD STREET PHILADELPHIA, PA 19106 or by phone at 215-922-2600 or by emailing info@artintheage.com.
Collection of Personal Information from Site Visitors
1. Use of Personal Data Collected
Personal data collected by AITA may be used by AITA for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, for fulfillment of a requested transaction or record keeping, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to AITA may be added to AITA’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.2. Disclosure of Personal Data to Third Parties
AITA shall not disclose any of your personally identifiable information to third parties. Notwithstanding the foregoing, AITA may disclose or distribute identifiable or non-identifiable data to a third party with which AITA enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by AITA in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of AITA or any other person or entity. While AITA may undertake efforts to see that such third party is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, such third parties may be independent third parties over which AITA may not exercise control, and AITA is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and AITA will not be liable therefor.3. Security Measures
AITA has implemented numerous security features to prevent the unauthorized release of or access to personal information. For example, credit and debit card details are sent by secure SSL encrypted means to process the payment of any and all orders. Please be advised, however, that the confidentiality of any communication or material transmitted to or from AITA via this Site or e-mail cannot be guaranteed. Accordingly, AITA is not responsible for the security of information transmitted via the Internet. Instead of communicating with AITA via e-mail or the Internet, visitors can contact AITA by mail at 116 NORTH 3RD STREET PHILADELPHIA, PA 19106, by phone at 215-922-2600.4. Opt-Out Right
Except as necessary for AITA to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to AITA through an account registration, customer order, or electronic news or information subscription, prospectively retained by AITA, used by AITA for secondary purposes, or disclosed by AITA to third parties by contacting AITA via postal mail, e-mail, or telephone at the addresses set out above. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the above description.)5. Access to and Ability to Correct Personal Data
Upon a visitor’s request via postal mail, e-mail, or phone, AITA will provide to the visitor a summary of any personally identifiable information retained by AITA regarding the visitor, which information has been voluntarily provided to AITA through an account registration, customer order, or electronic news or information subscription. A visitor may modify, correct, change or update their personally identifiable information by contacting AITA via postal mail, e-mail, or telephone at the addresses or numbers above.6. Collection of Personal Data from Children
To the extent that AITA is able to determine the age of users by their submissions to or communications with the Site, AITA will not knowingly collect, use, or disclose personally identifiable information from individuals under the age of eighteen (“children”) without their parent’s or guardian’s consent, which information has been voluntarily provided to AITA through an account registration, customer order, or electronic news or information subscription.If there are no age restrictions on a contest which requires registration, and if a child wins, notification and prizes will be sent to the parent(s) or guardian(s) identified in the initial registration process.