Gilmer Arts Auction

October 12th - October 26th

TERMS OF USE

AGREEMENT BETWEEN USER AND gilmerarts.com

Welcome to gilmerarts.com. The gilmerarts.com website (the “Site”) is comprised of various web pages operated by the Gilmer Arts and Heritage Association (“ GAHA”). gilmerarts.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of gilmerarts.com constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.

PRIVACY

Your use of gilmerarts.com is subject to the GAHA’s  Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting gilmerarts.com or sending emails to the GAHA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The GAHA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use gilmerarts.com only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

gilmerarts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the GAHA and the GAHA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The GAHA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the GAHA of the site or any association with its operators. Certain services made available via gilmerarts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the gilmerarts.com domain, you hereby acknowledge and consent that the GAHA may share such information and data with any third party with whom the GAHA has a contractual relationship to provide the requested product, service or functionality on behalf of gilmerarts.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use gilmerarts.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to the GAHA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the GAHA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The GAHA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the GAHA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the GAHA or our licensors except as expressly authorized by these Terms.

If you post content or submit material to this web site, you grant the GAHA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate this policy and will not cause injury to any person or entity; and that you will defend, indemnify and hold the GAHA and its employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) resulting from content you supply. The GAHA has the right but not the obligation to monitor and edit or remove any activity or content and takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHTS AND USE OF CONTENT

Copyrights: All of the content of this Website — including information, data, text, graphics, logos, button icons, images, pictures, audio clips, and software (the “Content”) — is protected by United States copyright laws. The Content of gilmerarts.com is copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this Content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of the Gilmer Art Center, a division of the GAHA, Ellijay, Georgia (the “Art Center”). The copyright of the Content and other proprietary rights are held by the Art Center or other entities and individuals.

Limited, Non-Exclusive, Non-Transferable, Revocable License: You may display and — subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the Website or otherwise known to you — download portions of the material from the various locations on the Art Center solely for your noncommercial use, provided that you do not alter or modify the content in any way and that you maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. The limited license granted by these Terms and Conditions is non-exclusive and nontransferable.

Fair Use Permitted: In addition to the above license, “fair use” (as defined by U.S. copyright laws) of the Content is also permitted. Fair use of copyrighted material includes the use of protected materials for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. However, you must cite (refer to) the author and source of this material as you would material from any printed work. The citation should include reference to this Website’s address, gilmerarts.com.

Commercial Use Restricted: Unauthorized commercial copying, redistribution, publication, or exploitation of the Art Center’s material and the Content is prohibited. If you would like to use any of these materials or Content for commercial use, publication, or any other non-fair-use purpose, please contact the Art Center at 706-635-5605 or via e-mail.

Injunctive Relief: You agree that in the event of a breach of these Terms and Conditions, monetary damages will be insufficient to compensate the Art Center for the harm done to it, and that the Art Center will consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which the Art Center will be entitled.

Termination of License: If you violate any of these Terms and Conditions, your permission to use the Content of this Website will automatically terminate, and you must immediately destroy any copies you have made of any portion of the Content. In addition, the limited license granted herein by the Art Center may be terminated at any time and for any reason or for no reason, without cause or notice.

No Warranty: The Art Center does not warrant that use of the Content will not infringe the rights of third parties not owned by or affiliated with the Art Center. As disclosed above, copyrights in some of the Content is owned by other individuals and entities. It is the user’s responsibility to determine whether “fair use” applies to the use being considered, obtain any necessary permissions, and pay required fees to the artist, estate, or artist rights representative for the use of copyrighted material. Users are held fully responsible for any infringement of copyright.

THIRD PARTY ACCOUNTS

You will be able to connect your GAHA account to third party accounts. By connecting your GAHA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the GAHA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GAHA Content accessed through gilmerarts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the GAHA, its trustees, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The GAHA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the GAHA in asserting any available defenses.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE GAHA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. THE GAHA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE GAHA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GAHA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GAHA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

REFUND POLICY

GAHA has a no refund or return policy. All sales are final. Items purchased through GAHA are warranted by the individual or artist, not GAHA.

TERMINATION/ACCESS RESTRICTION

The GAHA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the GAHA as a result of this agreement or use of the Site. The GAHA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the GAHA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the GAHA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the GAHA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the GAHA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The GAHA reserves the right, in its sole discretion, to change the Terms under which gilmerarts.com is offered. The most current version of the Terms will supersede all previous versions. The GAHA encourages you to periodically review the Terms to stay informed of our updates.

CHOICE OF LAW AND FORUM

These Terms are governed by the laws of the United States of America and the State of Georgia, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site will be in the state or federal courts located in the Gilmer County and the city of Ellijay, Georgia. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

CONTACT US

If you believe that the GAHA has inappropriately posted your copyrighted content, please contact us in writing at the following address, Gilmer Arts Center welcomes your questions or comments regarding the Terms:

Gilmer Arts
207 Dalton Street
Ellijay, GA 30540
706-635-5605

Effective as of October 1, 2021

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