Welcome to Powerhouse Arts (“PHA”)! These terms of service (these “Terms”) apply to PHA’s website, our mobile site, and any related websites or webpages (collectively, the “Site”). By accessing or using the Site, you agree to these Terms. Our Privacy Policy and other rules and guidelines referenced below or on the Site, are fully incorporated into these Terms, and you agree to them as well.
PHA may make revisions to these Terms at any time, which will be effective after we post these revisions to the Site. Continued access to the Site will mean that you accept the revised Terms.
Content
All text, videos and images (the “Content”), including the layout of such Content contained on the Site, or included when we send you electronic communications, is owned, controlled or licensed by or to PHA, and is protected by law, including copyright and trademark.
Some third party services (including social media) may enable you to share or repost the Content. Subject to the third party service’s applicable terms and these Terms, you may use such services. However, the availability of such services does not give you permission to reproduce, distribute or otherwise use the Content in any other way.
Any communication you post or transmit to the Site by electronic mail or otherwise (“Your Content”) is and will be treated by PHA as non-confidential. Your Content may be used by PHA in accordance with these Terms and the Privacy Policy for PHA’s lawful purposes.
If content that you own or control has been published on the Site in a way that you believe constitutes copyright infringement and you would like it removed, please write to info@powerhousearts.org in accordance with the rules set forth in the Digital Millenium Copyright Act of 1998 (the “DMCA”). Consistent with the DMCA and other applicable law, PHA reserves the right to remove any content that allegedly infringes a third party’s copyright, and PHA will not be liable for any such removal.
Use of the Site
Except as expressly provided in these Terms, you may not copy, reproduce, or publicly display the Site and the Content, whether in whole or in part, to any other computer, server, site, or other medium or publication, without PHA’ express prior written consent.
As a user of the Site:
- You may not use any robot, scraper, spider, or other automatic or manual process to access the Site or any Content through any means not purposely made available through the Site without PHA’s express prior written consent.
- You must comply with any robot exclusion headers.
- You may not attempt to gain unauthorized access to the Site, or any systems or networks connected to the Site.
- You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- You may not seek to trace any information on any other user of the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way that may reveal any information, other than your own information.
- You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or PHA’s systems or networks, or any systems or networks connected to the Site.
- You agree not to use any device or software that may interfere with the Site.
- You may not pretend to be any other individual or entity through your actions on the Site.
- You may not use the Site or any Content for any purpose that is unlawful, or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of PHA or others.
You acknowledge and agree that your access to and use of the Site is at your own risk, and the Site is provided on an “as is” and “as available” basis. PHA does not guarantee that the Site will be secure, uninterrupted, or free of viruses. Further, to the extent legally permissible, PHA does not make any, and disclaims all, warranties of any kind as to the Site and the goods and services provided therein.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms and conditions are made a part of these Terms by this reference. You agree to abide by these other terms and conditions, where applicable. If there is a conflict between these Terms and the terms and conditions applicable to a specific portion of the Site or for any goods or service offered on or through the Site, the applicable terms and conditions shall control with respect to the use of that portion of the Site or the specific goods or service.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to register for an account. You are responsible for maintaining the confidentiality of the information that you hold for your account, including your password, and for any and all activity that occurs under such account as a result of your failure to keep this information secure and confidential. You agree to notify PHA immediately of any unauthorized use of your account or password, or any other breach of security that you become aware of. Please note that you may be liable for losses incurred by PHA or any other user of the Site due to a third party using your PHA login, password, or account, because of your failure to keep your account information secure and confidential.
You may not use anyone else’s PHA login, password, or account. PHA is not liable for any loss or damage arising from your failure to comply with these obligations.
Links To and From Other Sites
In using the Site, you may find that PHA provides links to third party websites (the “Third Party Sites”). While PHA provides these links as a convenience, PHA is not responsible for the content of such Third Party Sites. PHA encourages you to read the applicable terms of the Third Party Sites. A link to or from the Site does not imply an endorsement of such Third Party Site.
Limitation of Liability
Except where prohibited by law, in no event will PHA be liable to you for any loss or damage that may occur because of your use of the Site, including but not limited to claims relating to injury to person or property; loss of or corruption to data; loss of profit; loss of anticipated revenue; adverse effect on reputation or goodwill; and any direct or indirect or consequential loss or damage. Absent gross negligence or intentional misconduct by PHA, PHA’s total liability to a user for any damage or loss that arises out of or is in any way connected with their use of the Site or any Content shall in no event exceed the greater of (1) the total of any subscription or similar fees paid by the user with respect to their access to or use of any service or feature on the Site paid in the six months prior to the date of the initial claim made against PHA; or (2) $100.00.
Indemnity
You agree to indemnify and hold PHA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PHA by any third party due to or arising out of or in connection with your use of the Site.
Violation of these Terms
You acknowledge and agree that PHA may preserve any communication by you with PHA through the Site, and may also disclose such data if required to do so by law, or PHA determines that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PHA, its employees, other users of the Site, and the public.
You agree that PHA may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site, if it determines that you have violated these Terms. You agree that PHA will not be liable to you or to any third party for such termination of your access to the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in City and State of New York, and waive any objection to such jurisdiction or venue.
In the event of any dispute between PHA and you arising out of these Terms, the parties shall first attempt to resolve any such dispute amicably. If the parties are unable to resolve any such dispute within thirty (30) days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Notwithstanding the foregoing, PHA shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, or other intellectual property rights.
Void where Prohibited
PHA administers and operates the Site from its location in Brooklyn, New York, USA. Although the Site is accessible worldwide, not all features, such as goods or services provided or offered, are available to all persons or in all geographic locations, or appropriate or available for use outside the U.S. PHA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, goods or service to any person or geographic area. Any offer for any feature, goods or service made on the Site is void where prohibited. If you choose to access the Site from outside the U.S., you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Contact Us
If you have additional questions, please contact us at info@powerhousearts.org.