PRIVACY POLICY

Thank you for visiting https://formanartsinitiative.org (the “Site”), which is owned and operated by Forman Arts Initiative, Inc. (“Forman Arts Initiative”). Forman Arts Initiative recognizes and respects the importance of maintaining your privacy, and as a result, has established this Privacy Policy (“Privacy Policy”). Throughout the Privacy Policy, the terms “we,” “us,” and “our” refer to Forman Arts Initiative and the terms “you” and “your” refer to any visitor to or user of the Site. This Privacy Policy applies to information we collect on the Site, and does not govern information collected from you in any other manner.

This Privacy Policy is intended to help you understand the types of information we may collect from you or that you may provide when you visit the Site, and describes our practices for collecting, using, maintaining, protecting and disclosing such information.

In viewing and using this Site, you understand that we may use your Personally Identifiable Information (as defined below) subject to the terms of this Privacy Policy, and you consent to (i) the terms of this Privacy Policy and (ii) to the collection and use of Personally Identifiable Information and other information by us pursuant to the terms of this Privacy Policy.

THE SITE IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER 18 YEARS OF AGE

Our Site is not intended for anyone under eighteen (18) years of age. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not: (i) use or provide any information on the Site or through any of the features available on the Site or (ii) provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at [email protected]

COLLECTION OF YOUR INFORMATION

When you access or use the Site, we may collect information from you may provide us information about yourself, subject to the terms of this Privacy Policy, including information by which you may be personally identified including, but not limited to, your name, e-mail address, postal address, and telephone number (“Personally Identifiable Information”) as well as information that is about you, but that does not identify you individually.

You have a choice as to whether to provide us with any Personally Identifiable Information. By submitting Personally Identifiable Information through the Site, you agree to the terms of this Privacy Policy, you expressly consent to the processing of your Personally Identifiable Information according to this Privacy Policy, and you agree to the Terms of Service located at https://formanartsinitiative.org (the “Terms of Service”). You may choose not to provide certain information to us, but if so, you may not be able to participate in certain activities and transactions available at or through the Site.

When you visit the Site, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we may collect information about the individual web pages or products that you view, what Sites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”


We may collect Device Information using the following technologies:


– “Cookies” are data files that are placed on your device or computer and often include a unique anonymous identifier. If you would prefer not to have such cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by so rejecting the cookies, you may be unable to fully access the offerings on this Site. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org.


– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.


– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

HOW WE USE YOUR INFORMATION

We may collect Personally Identifiable Information from you so that we can: (i) contact you to respond to inquiries related to the Site; (ii) when you opt-in, provide you with information or advertising relating to our products or services (when you opt-in to receiving such information or advertising); and (iii) communicate with you to provide you with relevant information about us, including special promotions, discounts and newsletters. We collect Personally Identifiable Information solely for the purposes of providing these services, but may collect non-personal information in order to operate, maintain, and improve the Site and our services. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us =. Further, we may contact you based on the information you provide.


We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally we use aggregate tracking information to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).


Additionally, we may use IP address information to count and track aggregate visits to the Site, to help diagnose problems with our server, and to administer the Site. We do not link IP addresses to anything personally identifiable, so while a particular user’s session can be tracked, the user remains completely anonymous.
We may process your information in the country where it was collected as well as other countries where laws regarding processing of information may be less stringent than the laws in your country.

SHARING OF YOUR PERSONAL INFORMATION

Except as provided in this Privacy Policy, or as otherwise permitted or required under law, we reasonably attempt to ensure that we do not intentionally disclose any Personally Identifiable Information about you as an individual user to any third party without having first received your permission (through your opting in or otherwise agreeing to the disclosure of such information).


We will release information, which may include your Personally Identifiable Information as required by applicable laws or regulations to comply with any legal valid inquiry or process such as a subpoena, search warrant, statute or court order or any other lawful requests for information we receive. We will also release specific information, which may include Personally Identifiable Information, in special cases, such as if there is an attempted breach of the security of the Site or a physical or property threat to you or others. We may also transfer user information, including Personally Identifiable Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.


We may employ other companies and individuals to perform functions on our behalf such as postal mail and email communications, customer lists management, data analysis, marketing services, credit card processing, and customer relationship management. These companies and individuals have access to personal information needed to perform their functions, but they are not permitted to use such information for other purposes without our permission. In addition, on occasion, we may collect Personally Identifiable Information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such Personally Identifiable Information.


We may use your Personally Identifiable Information to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes and/or if we believe disclosure is necessary or appropriate to protect our, our customers’, or others’ rights, property, or safety.

DO NOT TRACK

Some web browsers may give you the ability to enable a “do not track” setting that is an HTTP header field indicating your preferences regarding user tracking or cross-site tracking. We do not recognize web browser “do not track” signals at this time, and do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. Instead, information collection and disclosure practices and the choices that we provide to users will continue to operate as described in this Privacy Policy, whether or not a “do not track” signal is received. For more information about “do not track,” see http://donottrack.us/.


We may work with third parties that use tracking technologies, including in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our services and other Sites over time, as well as your interaction with our advertising and other communications, and use this information to determine which ads you see on third party Sites and applications. For more information about this practice and to understand your options, please visit http://www.networkadvertising.org/ or http://www.aboutads.info.

OTHER WEBSITES AND LINKS

The Site may include links to other third party websites that we think will be of interest to you and are not operated by us, including our accounts on various social media websites. These third-party websites have separate data collection and privacy practices independent from ours, and we are not responsible for the policies or activities of such third-party websites. Please contact such third parties directly if you have questions about their privacy policies.

ELECTRONIC COMMUNICATIONS AND OPTING IN AND OPTING OUT

When you communicate with us electronically, via e-mail, you consent to our use of the information you have provided, and you further consent to receive electronic communications from us. If you would prefer not to receive such communications, you can opt out of our e-mail lists by clicking on the “opt out” line at the bottom of the e-mail you receive from us. You should be aware, however, that (i) it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request, and (ii) we are unable to have your information removed from the records of any third party who has been provided with your information in accordance with this Privacy Policy.

SECURITY OF INFORMATION

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Personally Identifiable Information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the Personally Identifiable Information we collect online, and we make good faith efforts to store your Personally Identifiable Information in a secure operating environment.


You must also seek to protect against unauthorized access to any information that you use in connection with this Site, and you should remember to close the browser once you have completed your activities on the Site or if you have decided to step away from your computer. In the event that we determine that there has been a security breach resulting in the unauthorized disclosure of Personally Identifiable Information to a third party, we will notify individuals whose Personally Identifiable Information has been so disclosed as required by law.


Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.


Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including Canada and the United States.

DATA RETENTION

To the extent permitted by applicable law, we retain Personally Identifiable Information that we obtain about you as long as it is needed for the purposes for which we obtained it, in accordance with the provisions of this Privacy Policy. If we have another lawful basis for retaining your Personally Identifiable Information, we may retain such information beyond the time period necessary to serve the original purpose for collecting such information.


To the extent that you have stored, submitted, transmitted, disclosed, or shared Personally Identifiable Information to or with us, we will take reasonable steps to dispose of or arrange for the disposal of your Personally Identifiable Information within its custody or control by shredding, erasing, or otherwise modifying your Personally Identifiable Information to make it unreadable or undecipherable by any means if: (a) we cease operations or (b) you cease all use of the Site, and provide us with a written notice requesting that we delete such information to: [email protected]

DATA TRANSFERS

We may transfer the Personally Identifiable Information we obtain about you to the United States and other countries, other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. To the extent required by applicable law, when we transfer your Personally Identifiable Information to the United States or other countries, we will take measures to protect that information as described in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. Therefore, we encourage you to review our Privacy Policy not just the first time you visit the Site but periodically afterwards. The date of the last update of the Privacy Policy will always be posted below:



This Privacy Policy was Last Revised on March 25, 2021.


Your continued use of the Site after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue use of the Site.

HOW YOU CAN REVIEW, CORRECT OR REQUEST THAT WE DISCONTINUE USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

If you would like to review the current details of your Personally Identifiable Information, or if you would like us to either change, or discontinue use of, your Personally Identifiable Information, please contact us at: [email protected] or Forman Arts Initiative, 201 Rouse Boulevard, Philadelphia, Pennsylvania 19112.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at Forman Arts Initiative, 201 Rouse Boulevard, Philadelphia, Pennsylvania 19112.

CONTACT US

For more information about our privacy practices, if you have any questions, or if you would like to make a complaint, please contact us by e-mail at: [email protected] or by mail using the details provided below:


Forman Arts Initiative
201 Rouse Boulevard
Philadelphia, Pennsylvania 19112

TERMS OF SERVICE

This website (“Site”) is operated by Forman Arts Initiative, Inc. (“Forman Arts Initiative”). These terms and conditions (“Terms of Service”) govern your access to and use of the Site as well as the content, functionality, goods and/or services offered through the Site. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Forman Arts Initiative, and the terms “you” and “your” refer to any visitor to or user of the Site.

These Terms of Service are effective as of: March 25, 2021.


Please read these Terms of Service carefully before accessing or using our Site. By accessing any part of the Site, you: (i) agree to be legally bound, without limitation or qualification, to these Terms of Service and the Privacy Policy located at https://formanartsinitiative.org; and (ii) represent and warrant that you are 18 years of age or older. If you do not agree to one or more of the terms and conditions of these Terms of Service or if you are under 18 years of age, please immediately exit and make no further use of the Site.

YOU MUST BE AT LEAST 18 YEARS OF AGE

By using and/or registering and/or providing any information on the Site, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. If you are under 18 years of age you must immediately exit and make no further use of the Site. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

CHANGES TO THE SITE AND/OR TERMS OF SERVICE

From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Site. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Service, in which case we will post the revised Terms of Service on the Site and the revised Terms of Service will be effective immediately upon posting. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.


You are responsible for reviewing the most current version of the Terms of Service before using the Site to ensure that you agree to any revisions to the Terms of Service. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Service and to the Site are reasonable.

OUR PRIVACY POLICY

When requesting certain information, products or services via the Site, you may be asked to provide certain personal and other information. You agree that all information you provide to us, through the Site or otherwise, is governed by our Privacy Policy, which is hereby incorporated in these Terms of Service. By using the Site, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to having your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site.

YOUR RESPONSIBILITY

You represent that all of the information, data, and other materials you provide on the Site or to us through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Site or to us through any other means, as appropriate.


You must not use the Site: (a) to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.


Additionally, without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose except as described in these Terms of Service; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of the Site.

PERMISSION TO ACCESS THE SITE

Permission is hereby granted to the extent necessary to lawfully access and use the Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Site on a temporary basis and for your individual, non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. We do not warrant the accuracy, completeness, or usefulness of this information. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the Site and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of us or the material is included with the permission of the rights owner.

You acknowledge that we own all right, title and interest in and to all of the information on the Site, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site constitute trademarks, tradenames, service marks or logos (“Marks”) of Forman Arts Initiative or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Forman Arts Initiative or those other entities.

COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through the Site, including without limitation, text, images, databases, software, code, music, video, sound, photos, documentation, and graphics (“Our Content”), is: (a) copyrighted by Forman Arts Initiative and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Forman Arts Initiative or its licensors. Except as permitted in the Terms of Service, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

PERMITTED USES. Our Content is made available for non-commercial, educational and personal use only or for “fair use” under the United States copyright laws. Users may download files for personal use, subject to any additional terms or restrictions applicable to the individual Materials. Users must properly cite the source of Our Content and the citations should include a link to https://formanartsinitiative.org. By downloading, printing, or using Our Content from the Websites, whether accessed directly or indirectly, users agree that they will limit their use to the uses permitted by these Terms of Service or by fair use, and will not violate our rights or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices and may not modify the Materials. Downloading, copying, distributing, or otherwise using Our Content for any commercial purpose is strictly prohibited.

LICENSING. Anyone wishing to use any of Our Content for other than a permitted use must receive prior permission. To obtain permission (a license), please contact: [email protected]

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”).

Forman Arts Initiative is committed to complying with U.S. copyright and related laws, and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed should report their concern by providing notice to our Designated Agent pursuant to DMCA. If notice is provided by email, please send the notice to: [email protected] If notice is provided by mail, please send the notice to: Designated Copyright Agent, c/o Forman Arts Initiative, 201 Rouse Boulevard, Philadelphia, Pennsylvania 19112.

THIRD-PARTY LINKS

The Site may include links that direct you to third-party websites and resources that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may disable all or any social media features that may be included on the Site and any links at any time without notice in our discretion.

LINKING TO THE SITE

You may link to the homepage of the Site provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.


Subject to the foregoing, you must not: cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Site other than the homepage; otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Site at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE OR PORTIONS THEREOF FOR INDEFINITE PERIODS OF TIME OR DELETE THE SITE OR PORTIONS THEREOF AT ANY TIME, WITHOUT ANY NOTICE OR LIABILITY TO YOU.


YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. WHEN USING THE SITE, INFORMATION WILL BE ACCESSED BY YOU OVER A MEDIUM THAT IS BEYOND OUR CONTROL. AS A RESULT, WE DO NOT ASSUME ANY LIABILITY FOR, OR RELATING TO, THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE, AND YOU (AND NOT FORMAN ARTS INITIATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE, OR OTHERWISE. ACCESS TO THE SITE, AND THE CONTENT OF THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

FORMAN ARTS INITIATIVE DOES NOT WARRANT OR REPRESENT THAT USE OF MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.


FORMAN ARTS INITIATIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SITE OR THE PRODUCTS SOLD THEREON, AND THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITE TO WHICH THE SITE IS LINKED. FORMAN ARTS INITIATIVE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE SITE, (ii) THE QUALITY AND SECURITY OF THE SITE, INCLUDING WHETHER THE SITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR (iii) THE INABILITY TO ACCESS THE SITE OR ITS CONTENT OR TO PURCHASE AN ITEM DISPLAYED ON THE SITE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.


These Terms of Service give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

LIMITATION OF LIABILITY

YOU AGREE THAT IN NO CASE SHALL FORMAN ARTS INITIATIVE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM ACCESSING, USING, PRINTING, COPYING, OR DOWNLOADING ANYTHING FROM THE SITE OR FROM ANY PRODUCTS PROCURED THROUGH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.


FORMAN ARTS INITIATIVE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE SITE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE CONTENT.


ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, OR ITS CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. ALL REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Forman Arts Initiative, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, that such parties may incur resulting from or alleged to result from: (i) your breach of these Terms of Service or the documents they incorporate by reference; (ii) your violation of any law, regulation, rule or order pertaining to your use of the Site or your violation of the rights of a third-party; or (iii) your unauthorized or unlawful use of the Site.

NO EXTRATERRITORIALITY

Forman Arts Initiative is based in Pennsylvania in the United States of America and makes no claims that the Site is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. We make no representation that the Site is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Site is prohibited from jurisdictions where the Site, or its content, is illegal.


Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Site may not be legal by certain persons in certain countries. If you access the Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ASSIGNMENT

We may assign these Terms of Service, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Service without our prior written permission. Any attempt by you to assign your rights under these Terms of Service without our permission shall be void.

HEADINGS

The headings of the various sections of these Terms of Service have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Service.

TERMINATION

You agree that we, in our sole discretion, may terminate your use of, and/or access to, the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

WAIVER/ ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us, and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION

You agree that these Terms of Service, and any suit, action or proceeding arising out of or in connection with any dispute with Forman Arts Initiative, including without limitation any claim involving Forman Arts Imitative or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.


You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Forman Arts Initiative, including without limitation any claim involving Forman Arts Initiative or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania, including, without limitation, the United States District Court for the Eastern District of Pennsylvania, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

GOVERNING LAW AND JURISDICTION

The following provisions of the Terms of Service survive the expiration or termination of the Terms of Service for any reason whatsoever: Limitation of Liability, Disclaimer of Warranties, Termination, Indemnification, and Governing Law and Jurisdiction.

We reserve all rights not expressly granted to you herein.

CONTACT INFORMATION

For more information about our Terms of Service, if you have any questions, or if you would like to make a complaint, please contact us by e-mail at: [email protected] or by mail using the details provided below:


Forman Arts Initiative
201 Rouse Boulevard
Philadelphia, Pennsylvania 19112