TERMS AND CONDITIONS

Welcome to www.waladc.org (the “Site”), the website of Washington Area Lawyers for the Arts (WALA), a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, with the mission to support artistic expression and creative innovation by serving the legal needs of Washington DC, arts and cultural communities. WALA provides access to education, advocacy, and volunteer legal services through workshops and seminars, legal clinics, and pro bono legal referral services.

For general questions or comments about this Site, or to learn more about Washington Area Lawyers for the Arts, please contact us at info@waladc.org. References to “Washington Area Lawyers for the Arts,” “we” or “us” in this document mean Washington Area Lawyers for the Arts and any affiliates, subsidiaries, and divisions. The terms “you” and “user” as used in these Terms and Conditions refer to all individuals and/or entities accessing this Site for any reason.

We have posted these Terms and Conditions to be in compliance with numerous laws that regulate the operation of an Internet website. The Terms and Conditions cover a variety of important issues.

By using this Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms and Conditions. Your continued participation on the Site indicates your acceptance of the Terms and Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information.

Each time you use this Site, you should visit and review the Terms and Conditions. We reserve the right to occasionally update the Terms and Conditions. At such time, we will also revise the “last updated” date above.

OTHER TERMS

Some areas of this Site may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms and Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

USE OF THE SITE

You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site, that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Site (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.

COPYRIGHTS AND PERMISSIONS

Please feel free to browse the Site. Except as otherwise noted, all material on the Site is:

Copyright © 2017, Washington Area Lawyers for the Arts

All Rights Reserved.

In general, you may review and print copies of material displayed on the Site, provided that the material (1) is only used for your personal and/or noncommercial purposes, and (2) retains, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the material as posted on the Site.

Downloading, printing, copying, distributing, transmitting, or otherwise making available any material on the Site for any commercial purpose is expressly prohibited without prior written permission. Please make such requests by e-mail to info@waladc.org. We will evaluate your request and respond as soon as possible. You may, however, reproduce, distribute, transmit, publicly display, and/or publicly perform material posted on the Site if done in accordance with 17 U.S.C. § 107 (“Fair Use”), 17 U.S.C. § 110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.

None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold, or redistributed without the prior written permission of Washington Area Lawyers for the Arts.

Washington Area Lawyers for the Arts has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use the material, please contact us by e-mail at info@waladc.org.

TRADEMARKS/SERVICE MARKS

Many of the trademarks/service marks, logos and/or designs (collectively, the “Mark(s)”) displayed on the Site identify the products and services of Washington Area Lawyers for the Arts and related organizations and inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

• In a manner likely to cause confusion;
  
• To identify your products or services;
  
• In, as, or part of your own trademarks or services marks;
  
• In a manner that implies inaccurately a sponsorship, endorsement, or other connection between Washington Area Lawyers for the Arts and your products, services, or other activities; or
  
• In a manner that disparages or dilutes the Marks.
  

You agree not to display or otherwise inappropriately use the Marks without prior written permission from Washington Area Lawyers for the Arts. Please make such requests by e-mail to info@waladc.org. We will evaluate your request and respond as soon as possible.

INTELLECTUAL PROPERTY LIMITATION OF LIABILITY

Washington Area Lawyers for the Arts respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Washington Area Lawyers for the Arts:

1. Identification of the copyrighted work(s) that you claim has been infringed;
   
2. Identification of where the material that you claim to be infringing is located on the Site;
   
3. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
   
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
   
5. Your address, telephone number, and e-mail address; and
   
6. Your physical or electronic signature.
   

The designated agent of Washington Area Lawyers for the Arts for notification of claims of copyright infringement on this Site can be reached as follows:

Designated Agent for Intellectual Property

Washington Area Lawyers for the Arts

1629 K Street, NW

Suite 300

Washington, DC 20006

Telephone: (202) 289-4440

E-mail: info@waladc.org

Similarly, if you believe that any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Washington Area Lawyers for the Arts.

DONATIONS TO WASHINGTON AREA LAWYERS FOR THE ARTS

Washington Area Lawyers for the Arts is grateful for your donations and support, which help Washington Area Lawyers for the Arts work toward its mission of bringing about positive changes in people’s lives through literacy, education and other means.

All donations to Washington Area Lawyers for the Arts can be made by check, credit card, or other accepted payment service, and are subject to the approval of the relevant financial institution. Each time you make a donation, you are authorizing a charge to your designated account for the applicable amount. Washington Area Lawyers for the Arts will not be liable in any way if any financial institution refuses to accept or honor your check or credit card for any reason. Washington Area Lawyers for the Arts is not obligated to accept all donations, and may refuse a donation for any reason.

If you wish to make a donation by check, please make the check payable to “Washington Area Lawyers for the Arts,” and send it to:

Washington Area Lawyers for the Arts

1629 K Street, NW

Suite 300

Washington, DC 20006

To make a donation using a credit card or other payment service, please visit the “Donate” page of the Site and follow the instructions for making a recurring or one-time donation.

Financial transactions related to your donations to Washington Area Lawyers for the Arts are handled by third-party vendor(s) listed on or linked to the “Donate” page. Please visit the vendors’ website(s) to familiarize yourself with their terms and conditions and with their privacy policies. Information relating to your financial transactions will not be maintained on Washington Area Lawyers for the Arts servers. Information about how Washington Area Lawyers for the Arts handles personal data is available in the Privacy Policy

SUBMISSIONS BY YOU ON THE SITE AND IN SOCIAL MEDIA

We appreciate hearing from you on this Site and on certain websites owned by Washington Area Lawyers for the Arts or third parties (e.g. Instagram, Facebook, Twitter, Pinterest) where Washington Area Lawyers for the Arts has established a social media page (the “Page”).

Please be aware that by submitting content to this Site or the Page, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), you (1) represent and warrant to Washington Area Lawyers for the Arts that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; (2) grant to Washington Area Lawyers for the Arts an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed; and (3) grant to Washington Area Lawyers for the Arts an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use the name that you submit in connection with the Content. You acknowledge that any Content submitted by you may be handled by Washington Area Lawyers for the Arts on a non-confidential basis, except where otherwise indicated by Washington Area Lawyers for the Arts ’s Privacy Policy.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site or the Page any of the following:

• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
  
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;
  
• Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;
  
• Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;
  
• Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;
  
• Content or links to content that, in Washington Area Lawyers for the Arts ’s sole judgement is objectionable, restricts or inhibits others from using the Site or Page, or which may expose Washington Area Lawyers for the Arts or its users to any harm or liability of any type;
  
• Content that appears to violate a third-party website’s Terms of Use or any other policies or terms that govern use of the site or any applicable laws;
  
• Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.
  

Although Washington Area Lawyers for the Arts has no obligation to screen, edit, or monitor any of the Content posted by users, Washington Area Lawyers for the Arts reserves the right to restrict, suspend or terminate without notice a user’s access to the Site or the Page or any feature of this Site or the Page or any part thereof at any time.

The Site or Page may contain the opinions and views of other users, which Washington Area Lawyers for the Arts does not endorse and for which Washington Area Lawyers for the Arts is not responsible. Washington Area Lawyers for the Arts is also not responsible for the accuracy of any content posted on the Site or Page, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Site or Page are solely between you and those third parties. Washington Area Lawyers for the Arts does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Washington Area Lawyers for the Arts will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Site or Page.

DISCLAIMER OF THIRD PARTY SITES

This Site may provide links to other websites that we hope you will find helpful. Washington Area Lawyers for the Arts may also be referenced on third-party websites.

Washington Area Lawyers for the Arts does not control the material presented in other websites, however. Washington Area Lawyers for the Arts also does not vouch for or assume responsibility for the accuracy of such material, and assumes no liability and shall not be responsible for damages arising from your ability to use those sites or for their content.

ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES

Washington Area Lawyers for the Arts is not responsible if the information made available on this Site is not accurate or complete. Any reliance upon the material on the Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this Site.

The Site may contain technical inaccuracies, typographical errors, and out-of-date information. Washington Area Lawyers for the Arts makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and makes no warranty that the Site will meet your requirements. Washington Area Lawyers for the Arts reserves the right to make changes to the Site at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. WASHINGTON AREA LAWYERS FOR THE ARTS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SERVICES AND/OR SITE. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) WASHINGTON AREA LAWYERS FOR THE ARTS MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” WASHINGTON AREA LAWYERS FOR THE ARTS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.

INDEMNIFICATION

You shall indemnify and hold harmless Washington Area Lawyers for the Arts , its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Site, including any services offered through the Site, content that you submit through the Site, and/or your breach of any of the provisions of the Terms and Conditions and/or the Privacy Policy.

DISPUTE RESOLUTION

In the event of a dispute arising from or relating to the Site or these Terms and Conditions, you agree to submit such dispute to non-binding mediation in the District of Columbia. If mediation is not successful, you or Washington Area Lawyers for the Arts may submit the dispute to arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association in the District of Columbia. Any action based on a breach of any provision of these Terms and Conditions may be brought to the federal or local courts presiding in the District of Columbia, whichever is appropriate, and to whose jurisdiction you consent in such an action. Notwithstanding the foregoing, Washington Area Lawyers for the Arts may seek injunctive relief at any time. If a breach is found by a given court, the court shall have the right to issue an injunction, and grant to Washington Area Lawyers for the Arts its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

APPLICABLE LAWS AND JURISDICTIONAL ISSUES


The Site shall be governed by the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of the District of Columbia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the District of Columbia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

COMPLIANCE WITH LAWS

You agree that you will not use the Site, or services provided on or through the Site, for any purpose that is prohibited by these Terms and Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site, or services provided on or through the Site, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or services provided on or through the Site in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.

FORCE MAJEURE

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of Washington Area Lawyers for the Arts is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Washington Area Lawyers for the Arts , then Washington Area Lawyers for the Arts shall not be responsible to you for any failure or delay in the performance of its obligations. Washington Area Lawyers for the Arts shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Washington Area Lawyers for the Arts from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

HEADINGS


The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

NO ASSIGNMENT


You may not assign your rights or obligations under these Terms and Conditions without the prior express written consent of Washington Area Lawyers for the Arts.

INVALIDITY OF PROVISIONS


In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.

NO WAIVER

Any failure by Washington Area Lawyers for the Arts to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

CHANGES TO THE TERMS AND CONDITIONS

No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms and Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Washington Area Lawyers for the Arts.

COMPLETE UNDERSTANDING


These Terms and Conditions, including the Privacy Policy, constitute the entire understanding between Washington Area Lawyers for the Arts and you with respect to the Site.

Last Updated: December 17, 2017