The Summer Art Circle
Terms & Conditions

Welcome to SummerArtCircle.com, a private online service operated by Avail Art, L.L.C. ("Avail Art"). By using SummerArtCircle.com website (the “Website”) or by participating in any offline event organized by Avail Art for members of Summer Art Circle, you agree to be bound by these Terms and Conditions (this “Agreement”), whether or not you register as a member (“Member”) with SummerArtCircle.com. If you wish to communicate with other Members and make use of SummerArtCircle.com services, including attending offline events (the “Service”), please read this Agreement and indicate your acceptance by following the instructions in the registration process. Your access and use of the Website is subject to this Agreement and all applicable laws, rules and regulations.

This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and this Agreement may be modified by Avail Art at any time and without prior notice, such modifications to be effective upon posting by Avail Art on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Avail Art’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service, and SummerArtCircle.com's Privacy Policy. In the event of any inconsistency between SummerArtCircle.com Privacy Policy and these Terms and Conditions, these Terms and Conditions shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. By accessing and browsing the Website, you accept and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use or access the Website or Service.

Avail Art reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Service at any time, for any reason or no reason, with or without prior notice, and without liability.

1. Eligibility.

By using the Website and the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You may not sell, trade, or transfer a membership to another person, nor accept or use a membership that was not originally yours.

You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Avail Art of any unauthorized use of your password or account or any other breach of security. Avail Art cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2. Term.

This Agreement will remain in full force and effect while you use the Website, the Service and/or are a Member. You may terminate your membership at any time, for any reason by sending an email to membership@summerartcircle.com with the subject: “Cancel Membership.” In addition to any right or remedy that may be available to Avail Art under applicable law, Avail Art may suspend, limit or terminate your membership for any reason, at any time, effective upon sending notice to you at the email address you provide in your membership registration or such other email address as you may subsequently provide to SummerArtCircle.com. If Avail Art terminates your membership in the Service because you have breached the Agreement, your employer will not be entitled to any refund of unused membership fees. Even after membership is terminated, this Agreement will remain in effect. In addition, Avail Art may refer any information on illegal activities, including your identity, to the proper authorities.

3. Non Commercial Use by Members.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Passwords and compiled names, photos, links, videos and Website content are not to be transferred or copied from the Website for use with any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on SummerArtCircle.com.

Avail Art owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Avail Art, and its licensors (collectively, “Proprietary Information”). Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, download, install, reproduce, disclose, or sell any such Proprietary Information. You do not acquire any right, title or interest in such Proprietary Information by virtue of accessing this Website or making use of the permitted uses allowed under this Agreement. In addition, unless otherwise expressly authorized in this Agreement or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, or insert any code or product or manipulate the Content in any way that affects any user’s experience.

5. Content Posted on the Site.

Any content, messages, photos or profiles (collectively, "Content") posted on the Website is the sole responsibility of the person supplying the content, and Avail Art has no obligation whatsoever to monitor any such Content. However, Avail Art has the absolute right to monitor the same at its sole discretion. In addition, Avail Art reserves the right to review, alter, edit and delete any Content that in the sole judgment of Avail Art violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any Member, and to disclose such Content and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect Avail Art, its Members, sponsors, users and visitors.

Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Website, or transmit to other Members.

By posting Content to any area of SummerArtCircle.com, including feedback data such as questions, comments and suggestions regarding the Website, such Content shall be deemed to be non-confidential and you automatically grant, and you represent and warrant that you have the right to grant, to Avail Art an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Further, Avail Art shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.

You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, (ii) your Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing any person by reason of any Content you post on the Website.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Avail Art reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming;"
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, inflammatory, tortious, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information about anyone under 18;
  • provides instructional information about or promotes illegal activities such as making or buying illegal weapons, drug use, illegal gambling, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
  • contains or promotes any materials or information which may violate any law, rules, regulation, ordinance or requirement to which you or Avail Art are subject.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

You must use the Website and the Service in a manner consistent with any and all applicable laws, rules and regulations.

You may not include in your Member profile any telephone numbers, street addresses, URLs or email addresses.

6. Message Boards and Chat Rooms.

Avail Art may host message boards, chat rooms and other public forms on our Website. Any user failing to comply with this Agreement may be expelled from and refused continued access to, the message boards, chat rooms or other public forums in the future. Avail Art or its designated agents may remove or alter any user-created Content at any time for any reason. Message boards, chat rooms and other public forums are intended to serve as discussion centers for Members. Information and Content posted within these public forums may be provided by Avail Art staff, Avail Art’s outside contributors or by users not connected with Avail Art. Avail Art expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor is Avail Art responsible for any errors or omissions in such postings or for hyperlinks embedded in messages.

Information provided by other Members (including information posted on message boards, chat rooms and other public forums) may contain inaccurate, inappropriate or offensive material and Avail Art assumes no responsibility or liability for this material. Avail Art is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore or newsstand and is not responsible for the accuracy and reliability of any opinion, advice or statement made on the Website by anyone other than an authorized Avail Art representative while acting in his/her official capacity.

7. Photography & Video Release.

Avail Art may photograph, audio record, and/or audio-visually record offline events and activities (the “Property”). By using the Service and/or registering as a Member, you automatically irrevocably grant to Avail Art perpetually, exclusively, and for all media throughout the world (including print, non-theatrical, DVD, internet and any other electronic medium presently in existence or invented in the future), the right to display, reproduce, exploit, use and/or otherwise incorporate (either alone or together with other materials), in whole or in part, photographs or video footage taken of you as a result of your participation in the Service provided by Avail Art.

You agree that you will not bring or consent to others bringing any claim or action against Avail Art on the grounds that anything contained in the Property, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on you, violates any other right whatsoever, including without limitation, rights of privacy and publicity. You hereby release Avail Art, its directors, officers, successors and assigns from and against any and all claims, demands, actions, causes of action, suits, costs, expenses, liabilities, and damages whatsoever (including reasonable attorney’s fees) that you may hereafter have against Avail Art in connection with the Property. This Agreement shall not obligate Avail Art to use the Property or to use any of the rights granted hereunder, or to prepare, produce, exhibit, distribute or exploit the Property. Avail Art shall have the right to assign its rights under this section, without your consent, in whole or in part, to any person, firm of corporation.

8. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, you may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is Avail Art’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the Service provided to any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Avail Art believes in its sole discretion is infringing these rights. Any user who feels that his/her work has been copied or who feels that any posted Content is objectionable or infringing is encouraged to contact our Copyright Agent and to provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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. Avail Art's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Avail Art, L.L.C., Attn: Copyright Agent, 206 East 63rd Street, New York, NY 10021. Upon our receipt of a proper notice of claimed infringement, Avail Art will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.

9. Links.

For the convenience of users of this Website, one or more links to other Internet websites may appear from time to time. Except as otherwise indicated, the Internet websites to which links are provided in this Website are not under the control of Avail Art. Avail Art assumes no responsibility for the contents of any linked Internet website or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this Website and any other Internet website is not and shall not be understood to be an endorsement by Avail Art of the owner or proprietor of the linked Internet website.

10. Member Disputes.

You are solely responsible for your interactions with other Members. Avail Art reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy, available at www.SummerArtCircle.com/privacy. Avail Art takes the privacy of you and your personal information very seriously. Avail Art only collects personal information that you voluntarily submit through the Website. Avail Art does not automatically collect personal information without your knowledge. For further information about how Avail Art uses information collected from you, please review our Privacy Policy.

12. Disclaimers.

WHILE AVAIL ART MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION AND CONTENT THROUGH OUR WEBSITE, AVAIL ART CANNOT GUARANTEE ACCURACY. ALL INFORMATION AND CONTENT IS USED BY EACH USER AT HIS OR HER OWN RISK. AVAIL ART IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. AVAIL ART IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. AVAIL ART ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. AVAIL ART IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL AVAIL ART BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE OR THE SERVICE, WHETHER ONLINE OR OFFLINE. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND AVAIL ART EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTIBILITY, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. AVAIL ART CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBERS FROM AVAIL ART OR THROUGH OR FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL AVAIL ART BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR INCOME, LOST DATA, LOST OPPORTUNITIES OR COSTS OF COVER, ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF AVAIL ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVAIL ART'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOUR EMPLOYER TO AVAIL ART FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

14. Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.

15. Indemnity.

You agree to indemnify and hold Avail Art, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, damage, fine, penalty, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your participation in the Service, your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

16. Other.

This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Avail Art regarding the use of the Website and/or the Service. The failure of Avail Art to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. SummerArtCircle.com, The Summer Art Circle logo and other Avail Art logos and names are trademarks of Avail Art, L.L.C. You agree not to display, copy, reproduce or use these trademarks in any manner without Avail Art’s prior written permission. All content on SummerArtCircle.com is copyright 2006 by Avail Art, L.L.C. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Please contact us at terms@summerartcircle.com or Avail Art, L.L.C., Attn: Terms & Conditions, 206 East 63rd Street, New York, New York, 10021 with any questions regarding this Agreement.

This Agreement is effective and was last updated on May 31, 2006.