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Terms of Use

Introduction
As part of its mission, Nimbus Arts seeks to engage a varied audience with the ideas, forms, and makers of the arts. In support of its mission, Nimbus Arts has created and maintains the Nimbus Arts website at nimbusarts.org.   The following terms and conditions govern your access and use of the Site.

Eligibility
You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that you are at least 13 years of age and your use of the Service is in compliance with all applicable laws and regulations.

Accounts and Registration
To access some features of the Service, you may be required to register for a Nimbus Arts account. When you register for a Nimbus Arts account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times.

Protection of Privacy
Nimbus Arts is committed to protecting your privacy in accordance with all applicable laws. The Nimbus Arts Privacy Policy, available at https://www.nimbusarts.org/privacy-policy/, governs Nimbus Arts’ collection, use, and disclosure of your personal information and is hereby incorporated into the Terms by reference.

Modification of the Terms
We reserve the right, at our sole discretion, to modify these Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In addition to posting the modified Terms to the Service and indicating the date of last modification, if our modifications are material, we will make commercially reasonable efforts to notify you electronically

Guidelines for Use of the Service
By using the Service, you agree not to:
a. use the Service for any purpose or activity (or to solicit the performance of any activity) that is unlawful or prohibited by these Terms;
b. use the Service if you do not meet the eligibility requirements described in section 3 above;
c. defame, harass, abuse, threaten, stalk, or defraud users of the Service. You further agree not to collect or attempt to collect personal information about users or third parties without their consent;
d. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
e. 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;
f. intentionally interfere with or damage, impair, or disable the operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code;
g. remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service;
h. attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, or any part of them through hacking, password mining, or any other means;
i. access or use any automated process (such as a robot, spider, scraper, or similar) to access the Service in violation of our robot exclusion headers, or for the purpose of scraping all or a substantial portion of the content of the Service (other than in connection with bona fide search engine indexing), or as may otherwise be expressly permitted by Nimbus Arts;
j. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. 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;
k. 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; or
l. attempt to do any of the acts described in this section 10, or assist or permit any person in engaging in any of the acts described in this section 10.

Permitted Use of Materials
Nimbus Arts 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-Nimbus Arts content.

Except as expressly authorized by Nimbus 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 Nimbus 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.nimbusarts.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 Nimbus Arts’ 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 Nimbus Arts.

Requesting Permission

  1. Generally. We are committed to protecting the intellectual property rights and other rights of artists and others who hold those rights. Nimbus Arts expressly prohibits the copying, distribution, modification, or public display or performance of any Materials or Non-Nimbus Arts Content on this Service except as explicitly set forth herein. If you wish to use any of the Materials or Non-Nimbus Arts Content, you must receive prior written permission from us (and/or the other owner of rights to the Materials as applicable) unless such use is explicitly permitted in the Terms.

Trademarks
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this Service are registered and unregistered marks of Nimbus Arts and others. Nothing on this Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. Nimbus Arts’ Trademarks may not be used in any way without our prior, written permission.

Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Nimbus Arts an unrestricted, perpetual, irrevocable, nonexclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Digital Millennium Copyright Act
It is Nimbus Arts’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you have an intellectual property rights–related complaint about anything posted on the Service, you may contact our designated agent at the following address:

Nimbus Arts
649 Main Street St. Helena, CA 94574
Email: info@nimbusarts.org, Phone: 707-963-5278

Links
This Service 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 Nimbus Arts encourages you to read, should you choose to visit them.

Warranty and Indemnification
You represent and warrant that your use of the Service will be consistent with the Terms. You agree to indemnify, defend, and hold Nimbus Arts harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Service.

ACCESS TO AND ALL MATERIALS ON THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nimbus Arts DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Nimbus Arts DOES NOT WARRANT THAT THE SERVICE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR- AND MALWARE-FREE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING Nimbus Arts OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT IN NO EVENT WILL Nimbus Arts OR ITS OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE; (C) ANY GOODS OR SERVICES PURCHASED THROUGH USE OF THE SERVICE; OR (D) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF Nimbus Arts OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, Nimbus Arts IS FOUND TO BE LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES IN ANY WAY (INCLUDING IN NEGLIGENCE) OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR MATERIALS, Nimbus Arts’ LIABILITY SHALL (SAVE AS PROHIBITED BY APPLICABLE LAW) IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY AMOUNTS PAID BY USER TO Nimbus Arts IN RELATION TO THE PART OF THE SERVICE OR MATERIALS TO WHICH THE CLAIM RELATES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM, OR (2) U.S. $100.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Governing Law, Mediation and Jurisdiction
The Terms are governed by the laws of the State of California without giving effect to any principles of conflicts of law. If a lawsuit or court proceeding is permitted under these Terms, then you and Nimbus Arts agree to submit to the personal and exclusive jurisdiction and venue of the Napa Superior Court located in Napa County, California. No litigation may be initiated without submitting the issues in dispute in writing to Nimbus Arts.  If the parties to the dispute are unable to informally resolve the matter among themselves. They agree to Mediate the matter in good faith before a neutral mediator, prior to filing any legal action.  If this provision is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue herein described will govern any action arising out of or related to these Terms.

Miscellaneous
The Terms express the complete understanding of the parties with respect to the subject matter hereof and supersede all prior and contemporaneous communications and agreements, written or oral, regarding this Service. If any provision of the Terms or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of the Terms shall remain in full force and effect. The failure by Nimbus Arts to insist upon or enforce strict performance of any provision of the Terms by you or others will not be construed as a waiver of any provision or right of Nimbus Arts. The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by Nimbus Arts without restriction. Any assignment attempted to be made in violation of the Terms shall be void. Section headings used in this document are for convenience only and do not have any legal effect.

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.

Acceptance of Terms and Conditions
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS, INCLUDING ANY ADDITIONAL POSTED GUIDELINES OR RULES APPLICABLE TO SPECIFIC SERVICES AND FEATURES THAT MAY BE POSTED FROM TIME TO TIME.

Contact
For questions, inquiries, or correspondence, please contact:

Nimbus Arts
649 Main Street St. Helena, CA 94574

Email: info@nimbusarts.org

Phone: 707-963-5278

 

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