Conditions of Use
aTrueFace ("we," "us" or "our") operates and provides services on the Web site located at www.aTrueFace.org (the "site"). In general, you can visit or browse the site without telling us who you are or revealing any personally identifiable information about yourself.
We offer our users a limited license to access and make personal use of the site. The content is for your personal information only. We authorize you to view or download a single copy of the content for your personal, non-commercial use. The content or site may not be altered, modified, displayed, printed or used otherwise. This license does not include any resale or commercial use of this site or its content; nor any derivative use of the site or its content; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours. You may not use any metatags or any other "hidden text" utilizing our name or trademarks. Furthermore, you may not delete, modify, or alter any copyright or other notice we place on any content and such copyright or other notice must be included in your authorized use of the content. Content we have created, is owned by us, and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use content in any way not expressly permitted by these Conditions of Use. If you do, your right to use the content will automatically terminate. Content and the site generally are subject to change or termination without notice. All rights not expressly granted herein are reserved by us. Any unauthorized use terminates the permission or license granted by us. "Content," as the term is used herein, includes information, text and graphics, photographs, artwork and all other material contained on the site or features and functions we make available on our site.
When you send emails to us, you are communicating with us electronically and consent to receive return communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree you will not send, upload or transmit any communication or content of any type to the email address listed on the "Contact Us" link that infringes or violates any rights of any party or violates these Conditions of Use. Any user submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention, (individually and collectively, "user content") agrees and understands that User Content will not be considered or treated as confidential, and (i) acknowledges and understands that others may see, read, use or re-transmit such User Content, (ii) explicitly represents and warrants that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content, and (iii) that we are thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, or create derivative works from, and modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform or display such User Content in any media or medium or any form, format or forum now known or hereafter developed.
Users and Visitors: Comments, Communications and Content
Site users and visitors (“visitors”) may post comments, participate in online surveys and certain other online activities reserved for visitors only, and submit suggestions, ideas, comments, questions, artwork, statements, quotes, information or any other posting or submission (collectively, "visitor content"), provided that the visitor content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation or any form of "spam." We reserve the right (but not the obligation) to remove or edit such visitor content at any time.
You agree that visitor content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such visitor content, as the case may be, (ii) you explicitly represent and warrant that you are the owner of such visitor content, as the case may be, or have all rights and licenses necessary regarding such visitor content, as the case may be, and (iii) that we are granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such visitor content, as the case may be, in any media or medium, or any form, format, or forum now known or hereafter developed.
You certify that any user content or student content, as the case may be, that you submit to us is yours alone and that you have the sole right to such work and its distribution, reproduction and submission to us for its use.
Limitation of Warranty and Liability
The use of this site and its content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the site, including information you provide to us or our site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL THE PARTIES, THE SITE, OR THE SITE'S LICENSORS, SUPPLIERS AND CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
No claim or action arising from or concerning the site, content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements, and although the exclusions, limitations and disclaimers in these Conditions of Use shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
Advertisements, Searches and Third Party Links
You agree to defend, indemnify, and hold aTrueFace, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Conditions of Use.
aTrueFace is a student run organization based at The Art Institute of Tampa in Tampa, Florida in the United States of America. We make no claims that the site, any content or user content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any terms or conditions in these Conditions of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Conditions of Use.
Law that Applies: Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the State of Florida to adjudicate and resolve any dispute with aTrueFace, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers or in any other way relating to the site, including, content, user content or visitor content, as the case may be. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE COURTS OF THE STATE OF FLORIDA ARE AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
If you believe any content, user content or student content, as the case may be, located on the site infringes your copyright, you may request removal of those materials from our site by contacting our designated copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the use of the content you notify us about is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this site is:
Attn: Office of Privacy
Education Management Corporation
210 Sixth Avenue, Pittsburgh, PA 15222
Changes To These Conditions of Use