Terms of Use

Alliance for Creativity and Entertainment: Website Terms of Use

INTRODUCTION

These Terms of Use (“Terms of Use”) govern your access to and use of www.alliance4creativity.com (the “Site”). The Site is operated by the Alliance for Creativity and Entertainment (“ACE,” “us” or “we”). ACE provides the Site, including all information, tools and services available via the Site, to you, the user, conditioned upon your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

Certain content, features and functionality on the Site may be owned and operated by third parties. Notwithstanding anything to the contrary in these Terms of Use, we may indicate on the Site that certain content provided by third parties is subject to separate terms and conditions. You acknowledge that these Terms of Use will not apply to your use of any such content.

USE OF CONTENT

The Site, including but not limited to content, text, data, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, systems, processes, products, features and tools, and the design, selection, arrangement and “look and feel” thereof and all intellectual property associated with the foregoing, but specifically excluding third party content, (collectively, the “Content”) is the property of ACE or its licensors. Upon your acceptance of these Terms of Use, ACE grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, use, copy, download and print the Content for your personal and non-commercial informational use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Site or any Content, including but not limited to the modification, reproduction, distribution, transmission, display, performance, broadcast, publication, licensing, reverse engineering or resale of, or the creation of derivative works from the Site or any Content, is expressly prohibited, unless you obtain the prior written consent of ACE. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. ACE may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by ACE and its licensors. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Site; (ii) surreptitiously intercept any system, data or personal information from the Site; or (iii) interrupt or attempt to interrupt the operation of the Site in any way. ACE reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ACE may be entitled at law or in equity.

PROHIBITED ACTIVITIES

You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information (including personal information or electronic addresses) through any means not purposely made available through the Site. You may not alter transmission data, or attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to an ACE server, or to any of the services offered on or through the Site, by hacking, password “mining,” or other illegitimate means.

LINKS

The Site may contain links to other websites, some of which may be operated by ACE and others of which may be operated or controlled by third parties (“Third Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third Party Sites is not, and should not be viewed, as an endorsement by ACE of the Third Party Sites or any content therein. Different terms and conditions apply to your use of Third Party Sites. ACE HAS NO CONTROL OVER THE CONTENT OF THIRD PARTY SITES, AND ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD PARTY SITES.

TRADEMARKS AND COPYRIGHTS

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Site (collectively, the “Marks”) are the property of ACE or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of ACE or the owner of the Mark.

DISCLAIMERS

YOU HEREBY AGREE THAT YOUR USE OF THE SITE, THE CONTENT, AND ANY OTHER SERVICES OR MATERIAL WE PROVIDE IN CONNECTION WITH THE SITE IS AT YOUR SOLE RISK. THE SITE AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (III) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ACE OR ITS MEMBER ENTITIES (OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS) BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE)) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ACE NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ACE IS TO DISCONTINUE YOUR USE OF THE SITE.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF USE MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.

INDEMNIFICATION

You agree to indemnify and hold harmless ACE and its member entities (including their  affiliates and their respective officers, directors, shareholders, employees, contractors, agents, licensors, service providers, successors and assigns) from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Losses”) arising out of or relating to (i) your use of the Site or its Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by third party providers with respect to any third party content on the Site; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on the part of ACE.

JURISDICTION AND APPLICABLE LAW

The laws of the State of California govern these Terms of Use and your use of the Site, without giving effect to its conflict of laws provisions. To the maximum extent permitted by applicable law, you irrevocably consent to the jurisdiction of the courts located in the State of California for any action or proceeding arising out of or relating to these Terms of Use.

NO EXPORTING

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

CHANGES TO THESE TERMS OF USE

ACE reserves the right to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Your continued use of the Site signifies that you accept the revised provisions.

ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted on the Site (but excluding those terms and other conditions offered by the third party providers, as described in the paragraph entitled “Features and Functionality Provided by Third Parties; Third Party Terms”) constitute the entire agreement and understanding between you and ACE with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

WAIVER AND SEVERABILITY

No waiver by ACE of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ACE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

REMEDIES

At its option, ACE may seek all remedies available to it in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by ACE (including those posted on the Site).

HOW TO CONTACT US

If you have any questions or comments about these Terms of Use or the Site, please email us at zoe@alliance4creativity.com . You also may call 202-677-8732.

Residents of the EEA may call: (UK): 0044 – 7855828391

Thank you for visiting our Site.