Children’s Privacy Statement for Art in the Adirondacks
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.
We do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.
Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.
We do NOT condition a child’s participation in online activities on providing more personally identifiable information than is needed to participate in the activity.
Questions on Privacy
If you have any questions about the children’s privacy statement, the practices of Art in the Adirondacks, or your dealings with Art in the Adirondacks, you can contact customer service at 315-429-3416.
Last updated – 11/01/2015
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This Agreement governs your use of the the Art in the Adirondacks app, website and other Art in the Adirondacks products and, unless other terms and conditions expressly govern, any other electronic services from Art in the Adirondacks, that may be made available from time to time (each, a “Service”).
The Art in the Adirondacks website and app service (the “Service”) is owned and operated by Embella, Inc. and contains material which is derived in whole or in part from Art in the Adirondacks and other sources. The Service and its contents are protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service, including code and software. You may download material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by Art in the Adirondacks. However, you may not, without the prior written permission of Art in the Adirondacks, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of Art in the Adirondacks, its parent or affiliate companies or its licensors.
As part of our Service, Art in the Adirondacks agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use our service in accordance with these Terms. Because the Web and application development is an evolving medium, we may need to change these Terms of Service from time to time, in which case we will post the revised Terms of Service on the website and in your application. By continuing to use Art in the Adirondacks after we post any such changes, you accept the Terms of Service, as modified.
License to Art in the Adirondacks
When you post a message, upload a file, or otherwise provide us with material for display on the website, or in this application, you are granting Art in the Adirondacks a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
This Service includes links and pointers to Internet sites, content and services provided by third parties. Neither Art in the Adirondacks, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through Art in the Adirondacks or on a website linked to by Art in the Adirondacks. The materials in this application and website and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Art in the Adirondacks disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Art in the Adirondacks does not warrant that this application, its website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. Art in the Adirondacks does not warrant or make any representations regarding the use or the results of the use of the materials in this application or website, site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Art in the Adirondacks) assume the entire cost of all necessary maintenance, repair or correction.
In addition, Art in the Adirondacks may allow you to purchase many different types of products and services online that are provided by third parties. Art in the Adirondacks is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by Art in the Adirondacks or linked to by Art in the Adirondacks, the information obtained during your visit to that merchant’s online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by Art in the Adirondacks. These merchants may have separate privacy and data collection practices. Art in the Adirondacks has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store’s home page and click on its information links or contact the merchant website directly. You release Art in the Adirondacks and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Art in the Adirondacks.
Use of Company Directories
The information contained in the Company Database is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will Art in the Adirondacks or its suppliers be liable in any way with regard to such information.
The Service may include a variety of features, such as bulletin boards, chat rooms, blogs, social media and email services which allow feedback to Art in the Adirondacks and real-time interaction between users. Art in the Adirondacks does not control the messages, information or files delivered to these services. It is a condition of your use of the Service that you do not:
Restrict or inhibit any other user from using and enjoying the Service.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post or transmit any information, software or other material which contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You understand that Art in the Adirondacks has no obligation to monitor any social media, blogs, bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Art in the Adirondacks reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Art in the Adirondacks’s sole discretion are objectionable or in violation of these Terms of Service.
To use certain features of the Service, you may need a username and password, which you will establish through the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Art in the Adirondacks cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. Limitation of Liability: Under no circumstances, including, but not limited to, negligence, shall Art in the Adirondacks, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Art in the Adirondacks materials, products or services, or third party materials, products or services made available through Art in the Adirondacks. You specifically acknowledge and agree that Art in the Adirondacks is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Art in the Adirondacks materials, products or services or with any Art in the Adirondacks terms and conditions, your sole and exclusive remedy is to discontinue using the Art in the Adirondacks website and application.
Fees and Payments
Any fees for our application are handled by Apple, Inc., through their iTunes store. Fees on the website, are handled by Embella, Inc., our parent company.
You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
If you are authorized to access a Service through arrangements between your employer and us, some or all of these “Fees and Payments” terms may not apply to you. Please contact your employer for details.
Art in the Adirondacks may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Limitations on Use
Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
The content available through the Services is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through the Services for your personal, non-commercial use only.
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone, including your fellow employees, with the exception:
You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from Art in the Adirondacks.” You may share articles through the methods available in our application as well.
You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from the Services to newsgroups, mail lists blogs or electronic bulletin boards, without our written consent.
Changes to This Agreement
This agreement constitutes the entire agreement between Art in the Adirondacks and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.