LEGAL
Terms of Use
Thank you for visiting the website of ATH Holdings LLC and/or the website of its affiliated projects and locations, collectively, “ARTECHOUSE”, and all websites of ARTECHOUSE, collectively, the “ARTECHOUSE Sites”). ARTECHOUSE Sites are designed to allow visitors to learn more about ARTECHOUSE and its projects, including exhibitions, events, shows, and other programs and to receive useful information about ARTECHOUSE presentations. ARTECHOUSE provides its information and services to you subject to the following terms and conditions.
Please read carefully the following terms and conditions relating to your use of the ARTECHOUSE Sites. By using any one of the ARTECHOUSE Sites, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. By using any of the ARTECHOUSE Sites after we post any changes to these terms and conditions, you agree to accept those changes. We may in our sole discretion change some or all of our services at any time.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.
PROTECTION OF PRIVACY: ARTECHOUSE is committed to protecting the privacy of its site visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Site is governed by Privacy Policy. Please note that the Site is not specifically dedicated to children and ARTECHOUSE does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting information to the Site. If you are a parent or guardian and believe your child has provided us with personal information, please contact us so we can address the matter.
TRADEMARKS: The names, titles, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks of ARTECHOUSE. You may not use the ARTECHOUSE Trademarks without ARTECHOUSE’s prior, written permission.
The trademarks of third parties may also appear on the Site 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 Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the ARTECHOUSE Trademarks or may be construed to mean that ARTECHOUSE has authority to grant any right or license on behalf of any third party trademark owner.
COPYRIGHT: Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Site are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. ARTECHOUSE 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, ARTECHOUSE. ARTECHOUSE 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.
COMMERCIAL USE PROHIBITED: Unauthorized downloading, publication or exploitation of ARTECHOUSE’s files for commercial purposes is specifically 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.
RESERVING RIGHTS: All rights not expressly granted by ARTECHOUSE herein are specifically and completely reserved. Nothing on the ARTECHOUSE website or in these Terms and Conditions 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 ARTECHOUSE has authority to grant any right or license on behalf of any third party.
USER GENERATED CONTENT & COMMENTS: You may have the opportunity to provide comments, reviews, photos or other user-generated content (collectively, “Comments”) related to products purchased from ARTECHOUSE, whether directly on our Site or through third-party platforms, including social media channels. By submitting such Comments, you grant ARTECHOUSE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit these Comments in any form, medium, or technology now known or later developed, for any purpose, including commercial and non-commercial purposes.
You acknowledge that you are solely responsible for all Comments you make available. You represent and warrant that you: (i) are either the sole owner of all Comments or possess all necessary rights, licenses, permissions, consents, and releases to grant ARTECHOUSE the rights described herein; and (ii) the Comments, as well as their submission and ARTECHOUSE’s use, do not infringe or violate any third-party intellectual property rights or applicable laws.
ARTECHOUSE may use your Comments for various purposes, including but not limited to, inclusion on our website, social media, in advertisements, and in promotional emails. This may include displaying your first name and last initial along with your Comment (or excerpts thereof).
SUBMISSIONS: Any communication or material you post, transmit, or distribute to the Site by electronic 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 ARTECHOUSE 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, ARTECHOUSE is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the ARTECHOUSE website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
WARRANTY AND INDEMNIFICATION: By using the Site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold ARTECHOUSE, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Site.
DISCLAIMER OF WARRANTIES: ARTECHOUSE PROVIDES THE SITE AND ALL CONTENT, SERVICES AND PRODUCTS THROUGH IT ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTECHOUSE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, 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. ARTECHOUSE DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. ARTECHOUSE 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. ARTECHOUSE 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 ARTECHOUSE, 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 OR THE INABILITY TO USE THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING THE SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
INDEMNIFICATION: You agree to indemnify, defend, and hold harmless ARTECHOUSE, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the site, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.
FORCE MAJEURE: ARTECHOUSE shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or government actions. In the event of such force majeure, we will use reasonable efforts to resume performance as soon as possible.
SEVERANCE AND WAIVER: You acknowledge and agree that in the event any provision of these Terms and Conditions 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 and Conditions. ARTECHOUSE’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by ARTECHOUSE.
VENUE AND CHOICE OF LAW: These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the District of Columbia, without regard to principles of conflicts of laws. Any disputes arising out of or related to these Terms or your use of the site shall be resolved exclusively in the courts located in the District of Columbia, and you consent to the jurisdiction of such courts.
ENTIRE AGREEMENT: These Terms and Conditions 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.