TERMS OF SERVICE: 15MinutesArt
1. Accepting the Terms of Service
Please read these Terms of Service (hereinafter, the "Agreement") carefully before using 15MinutesArt.com (the "Site") and/or the applications, mobile applications, services, and/or Content provided by the Site. (all of foregoing, collectively with the Site, the "Services") (Kelly-Strayhorn Theater, a Pennsylvania registered fictitious name, collectively with its agents, representatives, consultants, employees, officers, and directors, are hereinafter collectively referred to as "KST," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services
2. Modifications to this Agreement
KST reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed through a notification posted on the Site. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Any modified version of this Agreement will become effective ten (10) days after we have posted the modified Agreement and provided notification of the modifications as provided above. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
3. Use of the Services
No individual under the age of thirteen (13) may use the Services, provide any personal information to KST, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with KST and are not legally prohibited from using the Services.
Service Changes and Limitations:
The form and functionality of the Services may change without prior notice to you. KST retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. KST may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. KST may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content (as defined below). KST may also remove Content from the Site at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission of KST, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of KST and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by KST; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
You agree that by using the Services you consent to the collection, use, and sharing of your personal information, including any Content you submit through the Services to be displayed on the Site.
5.Content and Subscriber Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, photographs, images, illustrations, logos, written posts, replies, comments, information, data, text, software, scripts, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and KST and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content. You retain ownership you have of any intellectual property you post to the Site.
Subscriber Content License to KST:
When you provide Subscriber Content to KST through the Services, you grant KST a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing KST to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give KST a right to make substantive editorial changes or derivations, but does, for example, enable modifications to the size and/or orientation of any Subscriber Content. Any royalties or reimbursement for your Subscriber Content resulting from the submission thereof to the Services are entirely yours.
Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it or copy it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others. One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Content License to You:
As a Subscriber of the Services, KST grants you a worldwide, revocable, non-exclusive, non-sub-licensable, and non-transferable license to download, store, view, display, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services. This means, for example, that we license Content to you for purposes of reblogging.
In the event any of your particular pieces of Subscriber Content are deleted from the Services, KST shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed (due to the nature of reblogging, for example).
6. Use of Trademarks
Any use of KST’s trademarks, branding, logos, and other such assets in connection with the Services is prohibited without KST’s prior written consent.
7.Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KST makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. KST also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from KST or through the Services, will create any warranty not expressly made herein.
By accessing the Site and utilizing the Services, you hereby agree to indemnify KST and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors, including, without limitation, Alphabet City Management Co., a Pennsylvania limited liability company, and Alpha 4, LP, a Pennsylvania limited partnership, from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of these terms.
8. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with KST or use of the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, KST and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, KST (the “KST Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KST AND THE KST AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KST AND THE KST AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO ONE HUNDRED DOLLARS (US $100.00).
10. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 9, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. KST may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
Upon termination of your access to or ability to use a Services, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to KST or any third party.
12. Choice of Law and Venue
You and KST agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and KST otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against KST must be resolved exclusively by a state or federal court located in Allegheny County, Pennsylvania, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Allegheny County, Pennsylvania for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Pennsylvania, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and KST with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sub-licensable by you except with KST’s prior written consent. KST may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind KST in any respect whatsoever. Any notice to KST that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Kelly-Strayhorn Theater, 100 Sheridan Square, Pittsburgh, Pennsylvania 15206.
14. Special Provisions for Subscribers Located Outside of the United States
KST provides global products and services and enables a global community for individuals to share and follow the posted Content. KST’s servers and operations are, however, located in the United States, and KST’s policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services.
15. Copyright Policy
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to KST at the address provided in Section 13 above:
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material pursuant to a valid Copyright Infringement notice, KST will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. KST reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.