Terms & Conditions

Terms and Conditions

This website and/or its mobile sites and applications (the “Site”) is owned and operated by ‘Art&Play1, Inc. ” These Terms of Use (“Terms of Use”) apply to your use of this Site. Throughout the Site, the terms “we,” “us” and “our” refer to “Art&Play”.  Art&Play offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms and Conditions.  Your continued use of this Site constitutes your agreement to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not use this Site.

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS AND CONDITIONS, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.  

Data integrity

You represent that all of the information, data and other materials you provide on this Site or to Art&Play through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Art&Play, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

 

Art&Play or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights. Art&Play strictly prohibits any other use of any content available through the Site, including but not limited to:

 

·        any downloading, copying or other use of the content or the Site for purposes competitive to Art&Play or for the benefit of another vendor or any third party;

·        any caching, unauthorized linking to the Site or the framing of any content available on the Site;

·        any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);

·        using any hardware or software intended to secretly interrupt or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

·        any action that imposes or may impose (in Art&Play’s sole discretion) an unreasonable or disproportionately large load on Art&Play’s infrastructure, or damage or interfere with the proper working of our infrastructure.

 

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Art&Play.

 

Art&Play reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Art&Play neither warrants nor represents that your use of the content available on this Site will not violate rights of third parties not affiliated with Art&Play. Termination of your access or use will not waive or affect any other right or relief to which Art&Play may be entitled, at law or in equity.

 

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

 

·        is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, offensive, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;

·        may contain software viruses or malware;

·        contains advertisements or solicitations of any kind, or other commercial content;

·        is designed to impersonate others;

·        contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;

·        contains messages by non-spokesperson employees of Art&Play purporting to speak on behalf of Art&Play or containing confidential information or expressing opinions concerning Art&Play;

·        contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;

·        contains multiple messages placed within individual folders by the same user restating the same point;

·        contains chain letters of any kind; or

·        contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

 

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

 

With respect to any content you submit, post, upload, publish or otherwise make available through the Site (other than personal information, which is handled in accordance with the Privacy Notice), you grant Art&Play a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. Any such content will not be treated as confidential. You hereby represent, warrant and covenant that:  (i) any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Art&Play; and (ii) Art&Play is free to exercise its rights to and/or implement your content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.

 

Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Art&Play. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Art&Play is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

 

Text Messages

If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Art&Play but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.

 

DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF MEMBERSHIP, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ART&PLAY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ART&PLAY MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE ART&PLAY SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

 

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ART&PLAY DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

 

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE ART&PLAY SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ART&PLAY. ART&PLAY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE ART&PLAY MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE ART&PLAY SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER ART&PLAY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“ART&PLAY GROUPE”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR ART&PLAY MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS), ANY MERCHANDISE CREDITS OR RETURN REFUNDS ASSOCIATED WITH YOUR ART&PLAY MEMBERSHIP, IN EACH CASE AS MORE PARTICULARLY DESCRIBED IN YOUR TERMS OF MEMBERSHIP; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE ART&PLAY SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ART&PLAY GROUPE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ART&PLAY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ART&PLAY IS TO DISCONTINUE YOUR USE OF THE SITE.

 

YOU AND ART&PLAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST STARTWITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnities

You will indemnify and hold harmless Art&Play from  and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Art&Play and such parties, and shall defend Art&Play and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. Art&Play will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Art&Play.

 

Electronic Communications

When you use the Site or send emails to Art&Play, you are communicating with Art&Play electronically. You consent to receive electronically any communications related to your use of this Site. Art&Play will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Art&Play intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Art&Play Sites.

 

Site-Provided Email and Postings

The Site may provide users with the ability to post messages on the Site. Art&Play is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Art&Play, in its sole discretion, may monitor, not post or remove any such content.

 

Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Art&Play immediately. Art&Play may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

 

Trademarks and Copyrights

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Art&Play or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Art&Play or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Art&Play’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Art&Play’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

 

Claims of Intellectual Property Violation

Art&Play respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Art&Play has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Art&Play members who are repeat copyright violators. Art&Play may disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Art&Play’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

 

·        an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

·        a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·        identification of the material that is claimed to be violating or to be the subject of violation and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is violating is located on the Site;

·        your address, telephone number, and, if available, email address;

·        a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·        a statement by you, made under penalty of lying under oath, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Art&Play’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By mail:

Art&Play’s agent

c/o Art&Play1, Inc. , Legal Department

306 Liberty Ave

Hillsdale, NJ 07642

USA

By email:

info@art-and-play.com

 

Art&Play may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

 

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

Force Majeure

Art&Play shall be excused from performance under these Terms of Use or the Terms of Membership, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Art&Play.

 

International Use

We make no representation that information available in connection with the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Risk of Loss

The items purchased through the Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

 

General

From time to time, Art&Play may offer special promotional offers that may or may not apply to your Art&Play account. You agree to be bound by any additional terms and conditions for these special offers.

 

If any of the provisions set forth in these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and Conditions and the relationship between you and Art&Play will be governed by the laws of the State of New Jersey, to the extent not preempted by or inconsistent with federal law, without regard to its conflict of law provisions.  For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Bergen County, New Jersey. 

The failure of Art&Play to act with respect to a breach of these Terms of Use or the Terms of Membership by you or others does not waive Art&Play’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

Art&Play does not guarantee it will take action against all breaches of these Terms of Use or the Terms of Membership. Except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions.

 

Changes to These Terms and Conditions

You acknowledge and agree that Art&Play may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions at any time and in any manner, by posting revised Terms and Conditions on the Site.  You may not amend or modify these Terms and Conditions under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Your continued use of this Site after any changes to the Terms and Conditions means you accept the changes.

 

Assignment

You may not assign these Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Art&Play, which may be withheld at Art&Play’s sole discretion. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. Art&Play may assign these Terms and Conditions, in whole or in part, to any third party in its sole discretion.

 

Entire Agreement and Admissibility

These Terms and Conditions constitute the entire agreement and understanding between you and Art&Play with respect to the subject matter thereof and succeed all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms and Conditions apply solely to the extent permitted by law.

 

In some instances, both of these Terms and Conditions and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms and Conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

 

A printed version of these Terms and Conditions shall be acceptable in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

How to Contact Us

If you have any questions or comments about these Terms and Conditions or this Site, please contact us by email at info@art-and-play.com. You also may write to us at:

 

Art&Play, LLC

306 Liberty Ave

Hillsdale, NJ 07642

 

Last Modified: December 18, 2018

 

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