TERMS & CONDITIONS

Terms of Use

1. General.

3Arts, Inc. and its affiliates ("3Arts", "we", or "us") have created and maintain this website for the purpose of showcasing Chicago artists, artistic projects, facilitating direct public investment in new artistic projects, and allowing artists and the public to communicate with each other. By accessing and/or using this website, you accept, without limitation or qualification, these Terms of Use. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice to you. Such changes will become effective and binding on you immediately upon posting to the website and you will be deemed to have accepted such changes by your continued use of this website.

2. Use of Website.

You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of 3Arts, Inc. to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of 3Arts, Inc., any other users or any third party, or (g) to engage in any conduct that could expose 3Arts, Inc. to civil or criminal liability (collectively, the "Prohibited Conduct").

3. User Accounts and Personal Information.

When you create a user account on this website you will be asked to provide certain personal information and to establish a password for your account. You represent and agree that all information you provide to 3Arts, Inc. will be true, accurate, current and complete and that you will update such information as necessary to maintain such information as true, accurate, current and complete. You agree that you are solely responsible for the protection of your password and any use of your user account by anyone to whom you provide your password. Without limiting the generality of the foregoing, you will be held liable for any violation of these Terms of Use by anyone to whom you provide your password or otherwise allow access to your user account. If you believe that the security of your password has been compromised, or that anyone has used your password to make unauthorized access to your user account, it is your responsibility to immediately notify 3Arts, Inc. and to request a new password. You acknowledge and agree that any personal information that you provide to 3Arts, Inc. via this website will be used by 3Arts, Inc. in accordance with our Privacy Policy. Notwithstanding anything in these Terms of Use to the contrary, you hereby authorize 3Arts, Inc. to disclose without notice to you any personal information in its possession if required to do so by law or upon a good faith belief that such disclosure is necessary to comply with the law. You hereby release 3Arts, Inc. from any and all claims, damages, liabilities and causes of action arising out of such authorized disclosure of personal information.

4. Artists.

3Arts, Inc. may grant certain artists selected and approved by 3Arts, Inc. ("Artists") the right to submit new projects ("Projects") for the purpose of seeking public donations to 3Arts, Inc. to fund the Projects. Any Projects submitted by Artists will be subject to these Terms of Use and a separate Artist Grant Agreement to be entered into between the Artists and 3Arts, Inc. Projects submitted to 3Arts, Inc. may be rejected in the sole and absolute discretion of 3Arts, Inc. 3Arts, Inc. may approve or deny any request for "Artist" status, and may revoke any previously granted "Artist" status, in its sole and absolute discretion. You hereby release 3Arts, Inc. from any and all claims, damages, liabilities and causes of action arising out of any rejection of a request for "Artist" status.

5. Donors.

Any user who has created a user account may become a donor ("Donor") by making a donation to 3Arts, Inc. and making a recommendation to fund one or more Projects.  You understand and agree that you are under no obligation to become a Donor or to make a donation and that you will be solely responsible for any decision to become a Donor.  In the event that you become a Donor, your donation will be subject to these Terms of Use.  You understand and agree that your donation is being made to 3Arts, Inc. and not to an individual Artist or Project.  You further understand and agree that 3Arts, Inc. has exclusive legal control over all donations.  While 3Arts, Inc. will give careful consideration to all Donor recommendations, 3Arts, Inc. is under no legal obligation to use your donation to fund any particular Project or Artist recommended by you.  Furthermore, 3Arts, Inc. will distribute donated funds to individual Artists only once a specific Project reaches its targeted funding.  It is possible that the Project recommended by you will not reach its targeted funding and that 3Arts, Inc. will not distribute donated funds to your recommended Artist or Project.  ALL DONATIONS ARE FINAL AND NON-REFUNDABLE.  Donations to 3Arts, Inc. are irrevocable contributions subject to the legal and fiduciary control of 3Arts, Inc.’s Board of Directors.

You understand and agree that your donation will not be refunded to you, in whole or in part, and that you may not cancel or withdraw your donation for any reason.  Without limiting the generality of the foregoing, 3Arts, Inc. will not refund your donation in the event that your recommended Project fails to be approved for funding, your recommended Artist fails to complete a fully funded Project, your recommended Artist fails to deliver any anticipated incentives, or you are unable to obtain a tax deduction for your donation.

In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation.  You represent and agree that all payment information you provide to 3Arts, Inc. will be true, accurate, current, and complete.  In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide 3Arts, Inc. with alternative payment information to fulfill your donation.

In the event that you make a donation to 3Arts, Inc. and 3Arts, Inc. uses your donation to fund a Project, your donation may entitle you to receive certain incentives to be provided by the Artist as more fully described in the Project and as identified at the time of your donation.  You understand and agree that 3Arts, Inc. is not responsible for providing any incentives, that any incentives will be provided directly to you by the Artist upon completion of the Project, that your donation is not contingent upon receiving any incentives, and that your donation will not be refunded to you in the event that the Artist fails to provide you with any incentives even if such incentives are described in the Project at the time of your donation.

You further understand and agree that, if you receive any incentives as a result of your donation, the amount of your donation that may be deductible for federal and state income tax purposes is limited to the amount by which your donation exceeds the fair market value of the incentives you receive (i.e., the amount of your donation minus the value of the incentives received equals the amount of your donation that may be tax deductible).  3Arts, Inc. will issue a tax acknowledgment letter to you showing the amount of your donation and a good faith estimate of the value of the incentives you may receive.  Please consult your tax advisor with any specific questions about the tax deductibility of your donation.

Unless you expressly notify 3Arts, Inc. to the contrary, 3Arts, Inc. and the applicable Artists shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications, or public announcements with respect to any Project for which you recommended funding. You hereby release 3Arts, Inc. from any and all claims, damages, liabilities, and causes of action arising out of or related to your donation, including without limitation, the failure of any Projects to be approved for funding, the failure of any Artists to complete any Projects, the failure of any Artists to provide you with any promised incentives or other benefits, your inability to obtain a tax deduction for your donation, the listing or failure to list your name as a Project contributor, and the use of your donation by 3Arts, Inc. to fund a Project or Artist that you did not recommend. 

6. Intellectual Property and Licensing.

You hereby grant to 3Arts, Inc. a perpetual, worldwide, non-exclusive, royalty free, right and license to use, in any and all media now existing or in the future created, any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website, our grant program, artistic projects and art and artists in general. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to 3Arts, Inc.. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to 3Arts, Inc., will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.

You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by 3Arts, Inc. or the Artists or users who submitted such content. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of 3Arts, Inc. or the Artists or users who submitted such content.

7. Review and Removal of Content.

3Arts, Inc. reserves the right, but does not assume any responsibility, to (1) remove any material posted on the 3Arts, Inc. website which 3Arts, Inc., in its sole discretion, deems inconsistent with the foregoing commitments, including any material 3Arts, Inc. has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the 3Arts, Inc. website.  However, 3Arts, Inc. can neither review all material before it is posted in the 3Arts, Inc. website nor ensure prompt removal of objectionable material after it has been posted.  Accordingly, 3Arts, Inc. assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.  3Arts, Inc. reserves the right to take any action it deems necessary or appropriate to protect the personal safety of users of the 3Arts, Inc. website and the public; however, 3Arts, Inc. has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

8. Modification or Discontinuation.

You acknowledge and agree that 3Arts, Inc. may modify or discontinue any or all features of this website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that 3Arts, Inc. may suspend or terminate any account that you create on this website, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release 3Arts, Inc., the Artists and the Donors from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this website and the suspension or termination of your access to this website and/or any account that you create on this website.

9. Use of Trademarks.

You acknowledge and agree that nothing contained in these Terms of Use shall be construed as a license to use the trademarks 3Arts, Inc., or any other trademark, service mark or trade name of 3Arts, Inc. or any Artist or Donor. You further acknowledge and agree that you will not reference 3Arts, Inc. or any Artists or Donors in any promotional materials or press releases without the prior written consent of 3Arts, Inc. or the applicable Artists or Donors, which permission may be withheld or withdrawn in the sole discretion of 3Arts, Inc. or the applicable Artists or Donors.

10. Third Party Websites.

This website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between 3Arts, Inc. and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of 3Arts, Inc., that 3Arts, Inc. is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.

11. Disclaimer of Warranty.

YOU ACKNOWLEDGE AND AGREE THIS WEBSITE, AND ALL CONTENT AND SERVICES PROVIDED VIA THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT 3ARTS, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY CONTENT OR SERVICES, WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS WEBSITE OR ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 3ARTS, INC. HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. Limitation of Liability.

IN NO EVENT WILL 3ARTS, INC., THE DONORS, THE ARTISTS OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF 3ARTS, INC., THE ARTISTS OR THE DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

13. Indemnification.

You agree to defend, indemnify and hold harmless 3Arts, Inc., the Donors, the Artists and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorneys’ fees) arising out of or relating to your use of this website or your breach of these Terms of Use, including but not limited to any Prohibited Conduct.

14. DMCA Notice.

If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the "DMCA"). All notices of infringement should be sent to the Designated Agent of 3Arts, Inc. and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices of infringement should be directed to 3Arts, Inc.’s Designated Agent by emailing info@3arts.org.

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. 3Arts, Inc. will terminate your account in the event that 3Arts, Inc. determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a "repeat infringer" under the DMCA.

15. Independent Contractors.

You acknowledge and agree that 3Arts, Inc., the Donors and the Artists are independent contractors and that nothing contained in these Terms of User or elsewhere will be construed to create a partnership or agency agreement between 3Arts, Inc. and any Donors or Artists. Without limiting the generality of the foregoing, you acknowledge and agree that 3Arts, Inc. will not be held liable for any claims, damages or liabilities arising out of or relating to the acts or omissions of any Donors or Artists, or the creation, performance, publication, display, completion or inability to complete any Project.

16. Severability.

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

17. Jurisdiction and Choice of Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

18. Waiver.

A waiver by 3Arts, Inc. of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing. The failure or delay of 3Arts, Inc. in exercising any of its rights under these Terms of Use will not constitute a waiver of such rights except as specifically provided in these Terms of Use.

19. Entire Agreement.

These Terms of Use constitute the entire agreement and supersede any and all other understandings and agreements between you and 3Arts, Inc. with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or 3Arts, Inc. Although these Terms of Use may be updated or modified by 3Arts, Inc. from time to time as set forth therein, 3Arts, Inc. will not be bound by any other amendments or modifications to these Terms of Use unless expressly accepted in writing by 3Arts, Inc. in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage.