Terms of Use

Welcome to clayartcenter.org (the “Website”).

BY ACCESSING THE WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS OF USE (THE “TERMS OF USE”). CLAY ART CENTER MAY REVISE THESE TERMS OF USE AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

PROTECTION OF PRIVACY

Clay Art Center is committed to protecting the privacy of its Website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Website is governed by Clay Art Center’s Privacy Policy [Link to Privacy Policy]. Please note that by using this Website, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use.

TRADEMARKS

The names, titles, trademarks, service marks and logos that appear on the Website are the trademarks and property of Clay Art Center (“Trademarks”). You may not use the Trademarks without Clay Art Center’s prior written permission.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Trademarks or may be construed to mean that Clay Art Center has authority to grant any right or license on behalf of any third party trademark owner.

ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS

Images, text, software, documentation, electronic text and image files, audio and video files and clips and other materials on the Website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Clay Art Center retains all rights it may hold, including copyright, in data, image, text and any other information contained in these files. Copyrights and other proprietary rights in the material on this Website may also subsist in individuals and entities other than, and in addition to, Clay Art Center. Clay Art Center expressly prohibits the copying of any protected materials on this Website, except for the purposes of fair use as defined in the copyright laws, and as described below.

AUTHORIZED USES OF COPYRIGHTED MATERIAL

The content on the Website is made available for limited non-commercial, educational and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the materials as they would material from any printed work, and the citations should include the URL “www.clayartcenter.org,” but not in any way that implies endorsement of the user or the user's use of the materials. By downloading, printing or otherwise using materials, whether accessed directly from the Website or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate Clay Art Center’s or any other party's proprietary rights. Users 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 Clay Art Center.

COMMERCIAL USE IS PROHIBITED

Downloading, printing, copying, distributing or otherwise using the content on the Website for commercial purposes, including commercial publication or personal gain, is expressly prohibited. Anyone wishing to use any of these files or images for commercial use, publication or any purpose other than fair use as defined by law, must request and receive prior permission from Clay Art Center.

RESERVATION OF RIGHTS

All rights not expressly granted by Clay Art Center herein are specifically and completely reserved. Nothing on the Website or in these Terms of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Clay Art Center has authority to grant any right or license on behalf of any third party.

UNRESTRICTED FORUMS

Clay Art Center at times may provide unrestricted forums on the Website for the exchange of ideas and information by participants. Clay Art Center does not edit or control the information, materials or modifications posted to, or distributed through, the forums. By posting or distributing information, materials or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials or modifications may be freely used, copied and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials or modifications to the Website that you do not own, Clay Art Center requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute or otherwise post any information, materials or modifications to the Website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional or solicitation material.

SUBMISSIONS

Any communication or material you post, transmit or distribute to the Website by e-mail or otherwise, including any data or other content, questions, comments, suggestions or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Clay Art Center or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast and posting. Furthermore, Clay Art Center is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Website for any purpose whatsoever including but not limited to, developing, manufacturing and marketing products using such information.

TERM AND TERMINATION

These Terms of Use are applicable to you upon your accessing the Website. Clay Art Center may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use.

PURCHASING ON THE WEBSITE

Clay Art Center has the right to refuse, limit or cancel any orders placed on the Website. Despite our best efforts, an item offered on Clay Art Center’s online store may be mispriced due to typographical error. In the event that an item is mistakenly listed at an incorrect price, Clay Art Center reserves, in its full discretion, the right to cancel any order placed for such mispriced item, even if such order has been confirmed and your payment has been processed. In such an instance, Clay Art Center shall issue a refund to you in the appropriate amount.

DIGITAL MILLENNIUM COPYRIGHT ACT

Clay Art Center is committed to complying with U.S. copyright and related laws, and requires all users of the Website to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact Clay Art Center immediately to report any concerns of infringement by providing notice to mail@clayartcenter.org.

DISCLAIMER OF WARRANTIES

CLAY ART CENTER PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT AND COMPILATION IS AT YOUR OWN RISK. CLAY ART CENTER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. CLAY ART CENTER DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE OR ERROR-FREE SERVICE. CLAY ART CENTER MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. CLAY ART CENTER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER CLAY ART CENTER, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT AND/OR COMPILATION.

SEVERANCE AND WAIVER

You acknowledge and agree that in the event any provision of these Terms of Use shall be held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, in any respect, the validity, legality and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms of Use. Clay Art Center’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless agreed to in writing by Clay Art Center.

VENUE AND CHOICE OF LAW

These Terms of Use and any counterparts, amendments or revisions hereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action or proceeding arising out of, in connection with, or related to this agreement shall be brought in any Federal or State court located in Westchester County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

ENTIRE AGREEMENT

These Terms of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this agreement must be effected by an instrument in writing signed by the parties.