Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Suffolk Open Studios, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.SuffolkOpenStudios.org Account and Site. If you create a listing on the Website, you are responsible for maintaining the security of your account (i.e. your username and password), and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Suffolk Open Studios may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Suffolk Open Studios liability. You must immediately notify Suffolk Open Studios of any unauthorized uses of your account or any other breaches of security. Suffolk Open Studios will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- any of your Content posted is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your listing title or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Suffolk Open Studios or otherwise.
By submitting Content to Suffolk Open Studios for inclusion on the Website, you grant Suffolk Open Studios a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Suffolk Open Studios will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Suffolk Open Studios has the right (though not the obligation) to, in Suffolk Open Studio’s sole discretion (i) refuse or remove any content that, in Suffolk Open Studio’s reasonable opinion, violates any Suffolk Open Studios policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Suffolk Open Studio’s sole discretion. Suffolk Open Studios will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Suffolk Open Studios has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Suffolk Open Studios does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Suffolk Open Studios disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.SuffolkOpenStudios.org links, and that link to www.SuffolkOpenStudios.org. Suffolk Open Studios does not have any control over those non-Suffolk Open Studios websites and webpages, and is not responsible for their contents or their use. By linking to a non-Suffolk Open Studios website or webpage, Suffolk Open Studios does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Suffolk Open Studios disclaims any responsibility for any harm resulting from your use of non-Suffolk Open Studios websites and webpages.
- Copyright Infringement and DMCA Policy. As Suffolk Open Studios asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.SuffolkOpenStudios.org violates your copyright, you are encouraged to notify Suffolk Open Studios in accordance with Suffolk Open Studio’s Digital Millennium Copyright Act (“DMCA”) Policy. Suffolk Open Studios will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Suffolk Open Studios will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Suffolk Open Studios or others. In the case of such termination, Suffolk Open Studios will have no obligation to provide a refund of any amounts previously paid to Suffolk Open Studios.
- Intellectual Property. This Agreement does not transfer from Suffolk Open Studios to you any Suffolk Open Studios or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Suffolk Open Studios. Suffolk Open Studios, www.SuffolkOpenStudios.org, the www.SuffolkOpenStudios.org logo, and all other trademarks, service marks, graphics and logos used in connection with www.SuffolkOpenStudios.org, or the Website are trademarks or registered trademarks of Suffolk Open Studios or Suffolk Open Studio’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Suffolk Open Studios or third-party trademarks.
- Advertisements. Suffolk Open Studios reserves the right to display advertisements on the Website..
- Changes. Suffolk Open Studios reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Suffolk Open Studios may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Suffolk Open Studios may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.SuffolkOpenStudios.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Suffolk Open Studios if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Suffolk Open Studio’s notice to you thereof; provided that, Suffolk Open Studios can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Suffolk Open Studios and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Suffolk Open Studios nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Suffolk Open Studios, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Suffolk Open Studios under this agreement during the twelve (12) month period prior to the cause of action. Suffolk Open Studios shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Suffolk Open Studios, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Suffolk Open Studios and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Suffolk Open Studios, or by the posting by Suffolk Open Studios of a revised version. Except to the extent applicable in law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the UK.
Suffolk Open Studios (“Suffolk Open Studios“) operates www.SuffolkOpenStudios.org and may operate other websites. It is Suffolk Open Studio’s policy to respect your privacy regarding any information we may collect while operating our websites.
When you apply to become a member of Suffolk Open Studios, you will provide information in the application form that is accessible to all website visitors. If you do not want your information to be viewable on the website then you should contact Suffolk Open Studios before sending your payment for membership, using the Contact Form. If you do not contact Suffolk Open Studios to request that you are not part of the online directory, SOS takes no responsibility for any information published that has been provided by the member.
Like most website operators, Suffolk Open Studios collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Suffolk Open Studio’s purpose in collecting non-personally identifying information is to better understand how Suffolk Open Studio’s visitors use its website. From time to time, Suffolk Open Studios may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Suffolk Open Studios also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on www.SuffolkOpenStudios.org. Suffolk Open Studios only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Suffolk Open Studio’s websites choose to interact with Suffolk Open Studios in ways that require Suffolk Open Studios to gather personally-identifying information. The amount and type of information that Suffolk Open Studios gathers depends on the nature of the interaction. For example, we ask visitors who sign up at www.SuffolkOpenStudios.org to provide a username and email address. Those who engage in transactions with Suffolk Open Studios are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Suffolk Open Studios collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Suffolk Open Studios. Suffolk Open Studios does not disclose personally-identifying information other than as described below, and above for SOS Members. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Suffolk Open Studios may collect statistics about the behavior of visitors to its websites. Suffolk Open Studios may display this information publicly or provide it to others. However, Suffolk Open Studios does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Suffolk Open Studios discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Suffolk Open Studio’s behalf or to provide services available at Suffolk Open Studio’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Suffolk Open Studio’s websites, you consent to the transfer of such information to them. Suffolk Open Studios will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Suffolk Open Studios discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Suffolk Open Studios believes in good faith that disclosure is reasonably necessary to protect the property or rights of Suffolk Open Studios, third parties or the public at large. If you are a registered user of an Suffolk Open Studios website and have supplied your email address, Suffolk Open Studios may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Suffolk Open Studios and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Suffolk Open Studios takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.