OaklandArts.org Terms & Conditions

OaklandArts.org is a marketing service that allows Members to create unique personal profiles online in order to post information to our artist registry, and market their services. The services offered by OaklandArts.org include the OaklandArts.org website and any other features, content, or applications offered from time to time by OaklandArts.org in connection with the Oakland Arts website. The OaklandArts Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the OaklandArts Services. By using the OaklandArts Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the OaklandArts Website) or you are a "Member" (which means that you have registered with OaklandArts.org). The term "User" refers to a Visitor or a Member. You are only authorized to use OaklandArts Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the OaklandArts Website and discontinue use of the OaklandArts Services immediately. If you wish to become a Member, communicate with other Members and make use of the OaklandArts Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes OaklandArts.org's policy for acceptable use of the OaklandArts Services and Content posted on the OaklandArts Website, your rights, obligations and restrictions regarding your use of the OaklandArts Services and OaklandArts.org's Privacy Policy. In order to participate in certain OaklandArts Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the OaklandArts Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@OaklandArts.org, Subject: Terms of Use Agreement.

OaklandArts.org may modify this Agreement from time to time and such modification shall be effective upon to the OaklandArts.org Website. You agree to be bound to any changes to this Agreement when you use the OaklandArts Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on OaklandArts.org and that you provide to other Users. Your OaklandArts.org profile may not include the following items: photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other OaklandArts.org Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OaklandArts assumes no responsibility or liability for this material. If you become aware of misuse of the OaklandArts Services by any person, please contact OaklandArts.

OaklandArts.org reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the OaklandArts Services at any time, for any or no reason, with or without prior notice, and without liability.

1. 1. Eligibility. Use of and Membership in the OaklandArts Services is void where prohibited. By using the OaklandArts Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) work submitted is your own and does not infringe anyone's copyright or ownership; and (d) your use of the OaklandArts Services does not violate any applicable law or regulation (e) You live or work in Oakland, CA. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are in violation of any of these restrictions.
2. 2. Term. This Agreement shall remain in full force and effect while you use the OaklandArts Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing info@OaklandArts.org. OaklandArts.org may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. 3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify OaklandArts.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members. The OaklandArts Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OaklandArts.org. Illegal and/or unauthorized use of the OaklandArts Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OaklandArts Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OaklandArts Services.
5. Proprietary Rights in Content on OaklandArts.org.
   1. 1. OaklandArts.org does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the OaklandArts Services. After posting your Content to the OaklandArts Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the OaklandArts Services, you hereby grant to OaklandArts.org a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the OaklandArts Services with due credit to the artist.
      Without this license, OaklandArts would be unable to provide the OaklandArts Services. For example, without the right to modify Member Content, OaklandArts.org would not be able to re-size image files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, OaklandArts.org could not allow Users to view images posted by Members. The license you grant to OaklandArts.org is non-exclusive (meaning you are free to license your Content to anyone else in addition to OaklandArts.org), fully-paid and royalty-free (meaning that OaklandArts.org is not required to pay you for the use on the OaklandArts Services of the Content that you post), sublicensable (so that OaklandArts.org is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the OaklandArts Services), and worldwide (because the Internet and the OaklandArts Services are global in reach). This license will terminate at the time you remove your Content from the OaklandArts Services. The license does not grant OaklandArts.org the right to sell your Content, nor does the license grant OaklandArts.org the right to distribute your Content outside of the OaklandArts Services.
   2. You represent and warrant that: (i) you own the Content posted by you on or through the OaklandArts Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the OaklandArts Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the OaklandArts Services.
   3. The OaklandArts Services contain Content of OaklandArts.org ("OaklandArts.org Content"). OaklandArts.org Content is protected by copyright, trademark, patent, trade secret and other laws, and OaklandArts.org owns and retains all rights in the OaklandArts.org Content and the OaklandArts Services. OaklandArts.org hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the OaklandArts.org Content (excluding any software code) solely for your personal use in connection with viewing the OaklandArts Website and using the OaklandArts Services.
   4. The OaklandArts Services contain Content of Users and other OaklandArts.org licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OaklandArts Services.
6. Content Posted.
   1. OaklandArts.org may delete any Content that in the sole judgment of OaklandArts.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OaklandArts.org assumes no responsibility for monitoring the OaklandArts Services for inappropriate Content or conduct. If at any time OaklandArts.org chooses, in its sole discretion, to monitor the OaklandArts Services, OaklandArts.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the OaklandArts Services, and any material or information that you transmit to other Members and for your interactions with other Users. OaklandArts.org does not endorse and has no control over the Content. Content is not necessarily reviewed by OaklandArts.org prior to posting and does not necessarily reflect the opinions or policies of OaklandArts.org. OaklandArts.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Member Disputes. You are solely responsible for your interactions with other OaklandArts.org Members. OaklandArts.org reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy. Use of the OaklandArts Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9. Disclaimers. OaklandArts.org is not responsible for any incorrect or inaccurate Content posted on the OaklandArts Website or in connection with the OaklandArts Services, whether caused by Users of the OaklandArts Services or by any of the equipment or programming associated with or utilized in the OaklandArts Services. Profiles created and posted by Members on the OaklandArts Website may contain links to other websites. OaklandArts.org is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OaklandArts.org. Inclusion of any linked website on the OaklandArts Services does not imply approval or endorsement of the linked website by OaklandArts.org. When you access these third-party sites, you do so at your own risk. OaklandArts.org takes no responsibility for third party advertisements which are posted on this OaklandArts Website or through the OaklandArts Services, nor does it take any responsibility for the goods or services provided by its advertisers. OaklandArts.org is not responsible for the conduct, whether online or offline, of any User of the OaklandArts Services. OaklandArts.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. OaklandArts.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the OaklandArts Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the OaklandArts Services. Under no circumstances shall OaklandArts.org be responsible for any loss or damage, including personal injury or death, resulting from use of the OaklandArts Services, attendance at a OaklandArts event, from any Content posted on or through the OaklandArts Services, or from the conduct of any Users of the OaklandArts Services, whether online or offline. The OaklandArts Services are provided "AS-IS" and as available and OaklandArts.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OaklandArts.org cannot guarantee and does not promise any specific results from use of the OaklandArts Services.
10. Limitation on Liability. IN NO EVENT SHALL OaklandArts.org BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF OaklandArts.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OaklandArts.org's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OaklandArts.org FOR THE OaklandArts SERVICES DURING THE TERM OF MEMBERSHIP.
11. U.S. Export Controls. Software available in connection with the OaklandArts Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the OaklandArts Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
12. Disputes. If there is any dispute about or involving the OaklandArts Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California.
13. Indemnity. You agree to indemnify and hold OaklandArts.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OaklandArts Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OaklandArts Website or through the OaklandArts Services causes OaklandArts.org to be liable to another.
14. Other. This Agreement is accepted upon your use of the OaklandArts Website or any of the OaklandArts Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and OaklandArts.org regarding the use of the OaklandArts Services. The failure of OaklandArts.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.