TERMS AND CONDITIONS:
Thank you for being an incredible school that is committed to sharing art with your students, and choosing Art Connects Us to help you. Art Connects Us is a Cloud-Based Art Education company registered at PO box 3010 Auburn California 95604. We put these terms of service together to protect our brand and let you know the legal terms that govern your access to and use of the online services provided by Art Connects Us (“ACU” “Company” “We” “Us” “Our”), including the online member services we make available through the website we operate, www.artconnects.org (collectively, the “Site”). By accessing or using the Site, whether personally or on behalf of an entity (“you”), you accept and agree to follow and be bound by these terms and conditions of use these terms (the “Agreement”, the “Legal Terms”) (collectively the “services” the “Program”). If you decide that you do not agree to these terms, you are prohibited from using the site and must immediately cease use of the Site. This Agreement is effective as of the date you use the Site and remains effective indefinitely. ACU reserves the right to make changes to these Terms and this Agreement at any time, and it will take reasonable measures to keep you apprised of these changes when and if applicable.
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Account Information: If you create an account through our Site, you agree to provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and safeguard its use from others, and you agree to promptly notify us if an unauthorized user has accessed your account. If unauthorized users use your account credentials, you are solely responsible for the activities of those users. We reserve the right to terminate account access at any time. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Program.
2. Your Obligations:
a. You expressly acknowledge and agree to utilize the Program solely for instructional purposes and to:
b. Provide safe and effective instruction
c. Provide equal and fair treatment to all students, and
d. Comply with all applicable state and federal laws including without limitation trade secret, unfair competition, false advertising, contract, employment, and intellectual property laws, in the United States or abroad when and where applicable.
e. You are solely responsible for maintaining the secrecy and confidentiality of your account login information. If you believe your account has been compromised, you must alert Art Connects Us immediately. You agree to use the Site in compliance with all applicable state and federal laws and not to use the Site for any illegal purposes including attempts to impersonate someone or that falsely state or conceal your affiliation with another person or entity or misrepresent your identity or affiliation with organizations or individuals in any way. Users may not create an account for the purpose of reverse engineering or seeing how the Program works.
3. Term and Renewal:
a. The initial term of this Agreement shall be one (1) year, commencing on the Effective Date.
b. This Agreement will automatically renew for successive one (1) year periods unless either Party provides written notice of termination at least thirty (30) days prior to the end of the then-current term based on the then current Cloud Based Art Education License Agreement terms (the “Updated Terms”) found on Licensor’s website: www.artconnects us.org and Licensee agrees to be subject to the Updated Terms.
c. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We may change prices at any time.
d. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment
4. Free Trial: We offer a 90-day free trial to new users who register with the services this account will not be charged and the subscription will be suspended after 90 days until upgraded to a paid version at the end of the free trial. Free trials for schools will be given one login. This one login can only be shared with teachers and active art docents at the designated school
5. Cancellation: All purchases are non-refundable after 60 days from payment. You can cancel your subscription at any time by contacting us using the contact information provided below. After 60 days, your cancellation will take effect at the end of the 1 year subscription.
6. Indemnification: Licensee agrees to indemnify and hold harmless Licensor from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with the use of the Program, including any material taught by instructors (including the instructors interpretation of the educational material) and any copyright infringement by Licensee or its authorized users.
7. Limitation of Liability: In no event will Licensor be liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to this Agreement. Licensor’s total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the aggregate amount of Consideration actually paid by Licensee under this Agreement in the proceeding twelve (12) month period preceding the event giving rise to such claim.
8. WARRANTY DISCLAIMER: THE PROVISIONS OF ARTICLE 7 STATE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO LICENSEE, AND LICENSOR’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY PERFORMANCE OR NONPERFORMANCE OF THE PROGRAM. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR TITLE, AND NON INFRINGEMENT.
9. Intellectual Property Rights: The Program, including all intellectual property rights therein, shall remain the exclusive property of Licensor. The Software, material and any accompanying documentation is owned and copyrighted by Licensor and is protected by United States copyright and trademark laws. This License is not a sale of the original Software or any copy. As the Licensee, you own only a license to use the Software for the period of time as designated in this Agreement and do have any ownership interest in the Software, improvements, or modifications to the Software or any accompanying documentation.
10. Use of Program: Art Connects Us Art Program may at times entail temporary shutdowns. Art Connects Us will do its best to provide advanced notice before such shutdowns, but there may be times when the Program will be unavailable without prior notice.
11. Assignment: Licensee may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Licensor. However, Licensor may assign this Agreement to a corporation owned by Licensor without Licensee's consent.
12. Governing Law and Jurisdiction:
a. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of California specifically in the County of Placer.
13. Attorney’s Fees: If any legal action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to recover reasonable attorneys’ fees from the other party. These fees, which may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled.
14. Entire Agreement: This contract supersedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the subject of this contract, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this contract. No agreement, statement, or promise not contained in this contract shall be valid or binding on the parties with respect to the subject of this contract.
15. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect. The Parties further agree to replace any such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, or other purposes of the void or unenforceable provision.
16. Amendment and Waiver: No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.
17. Effect of Captions. Captions in this contract are for convenience and reference only. The words in the captions in no way explain, modify, amplify, or interpret this contract.
18. Construction. The language in all parts of the Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the Parties.