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TERMS
OF USE
This
website is an online information and communication service
provided by K12 Gallery for Young People. Please read these
Terms of Use carefully before using this site. By using
this site, you signify your agreement with these Terms of
Use. If you do not agree with any of the below Terms of
Use, do not use this site. K12 Gallery reserves the right,
in its sole discretion, to modify, alter or otherwise update
these Terms of Use at any time. Such modifications shall
be effective immediately upon posting of the modified Terms
of Use. By using this service after we have posted notice
of such modifications, alterations or updates, you agree
to be bound by the revised terms. K12 Gallery retains the
right to deny access to anyone at its complete discretion
for any reason including for violation of any of these Terms
of Use. This website provides links to many other websites
affiliated with K12 Gallery that may have a Terms of Use
Policy different from, or in addition to, the Terms of Use
specified herein, particularly in the case of websites hosting
third-party content or that allow postings by third-parties.
By accessing such websites through links provided on this
website, you agree to abide by each applicable Terms of
Use policy as therein specified.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
This
site is controlled and operated by K12 Gallery for Young
People at 510 East Third Street, Dayton, Ohio 45401. The
phone number is (937) 461-5149. All material on this site,
including, but not limited to images, illustrations, audio
clips, and video clips, is protected by copyrights, trademarks,
and other intellectual property rights which are owned and
controlled by K12 Gallery or by other parties that have
licensed their material to K12 Gallery. Material on k12gallery.org
or any website owned, operated, licensed or controlled by
K12 Gallery is solely for your personal, non-commercial
use. Such material may not be copied, reproduced, republished,
modified, uploaded, posted, transmitted or distributed in
any way, including by e-mail or other electronic means,
without the express prior written consent of K12 Gallery.
Use of the materials on any other website or networked computer
environment, or use of the materials for any purpose other
than personal, non-commercial use, is a violation K12 Gallery's
copyrights, trademarks and other proprietary rights, and
is prohibited.
LINKS
This
site may contain links to other websites. The linked sites
are for your convenience only, and you access them at your
own risk. K12 Gallery is not responsible for, and does not
endorse, the content of the linked sites, whether or not
K12 Gallery is affiliated with sponsors of the sites.
K12
Gallery welcomes links to this site. You may establish a
hypertext link to this site, provided that the link does
not state or imply any sponsorship or endorsement of your
site by K12 Gallery. You may not use on your site any trademarks,
service marks or copyrighted materials appearing on the
K12 Gallery site, including but not limited to any logos
or characters, without the express written consent of the
owner of the mark or right. You may not frame or otherwise
incorporate into another website any of the content or other
materials on the K12 Gallery site without prior written
consent of K12 Gallery.
DISCLAIMER
OF WARRANTIES AND LIABILITY
The
materials on K12 Gallery 's website are provided "as
is" and without warranties of any kind either express
or implied. K12 Gallery disclaims all warranties, express
or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose,
other than those warranties which, under the laws applicable
to this agreement, are implied by law and are incapable
of exclusion, restriction or modification. K12 Gallery,
nor its affiliated or related entities, nor any person involved
in the creation, production, and distribution K12 Gallery's
website warrant that the functions contained in the materials
will be uninterrupted or error-free, that defects will be
corrected, or that K12 Gallery or the server that makes
them available are free of viruses or other harmful components.
The material that you read on K12 Gallery's website is provided
solely for entertainment and promotional purposes. K12 Gallery
does not warrant or make any representations regarding the
use or the results of the use of the materials in K12 Gallery's
website in terms of their correctness, accuracy, reliability,
or otherwise.
You
expressly agree that use of the K12 Gallery site is at your
sole risk. You (and not K12 Gallery) assume the entire cost
of all necessary servicing, repair or correction. You expressly
agree that neither K12 Gallery, nor its affiliated or related
entities, nor any of their respective employees or agents,
nor any person or entity involved in the creation, production
and distribution of K12 Gallery's website are responsible
or liable to any person or entity whatsoever for any loss,
damage (whether actual, consequential, punitive or otherwise),
injury, claim, liability or other cause of any kind or character
whatsoever based upon or resulting from the use of this
site or any other K12 Gallery website. By way of example,
and without limiting the generality of the foregoing, K12
Gallery and related persons and entities shall not be responsible
or liable for any claim or damage arising from failure of
performance, error, omission, interruption, deletion, defect,
delay in operation, computer virus, theft, destruction,
unauthorized access to or alteration of personal records,
or the reliance upon or use of data, information, opinions
or other materials appearing on this site. You expressly
acknowledge and agree K12 Gallery is not liable or responsible
for any defamatory, offensive or illegal conduct of other
subscribers or third parties.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless, K12 Gallery,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of these Terms of Use.
JURISDICTIONAL
ISSUES
Unless
otherwise specified, the materials in the K12 Gallery website
are presented solely for the purpose of entertainment and
promoting programs and other products available in the United
States, its territories, possessions, and protectorates.
This site is controlled and operated by K12 Gallery from
its offices within the State of Ohio, United States of America.
K12 Gallery makes no representation that materials in K12
Gallery's website are appropriate or available for use in
other locations. Those who choose to access this site from
other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local
laws are applicable. This agreement shall be governed by,
construed and enforced in accordance with the laws of the
State of Ohio, as it is applied to agreements entered into
and to be performed entirely within such State. Any action
you, any third party or K12 Gallery bring to enforce this
agreement or, in connection with, any matters related to
this site shall be brought only in either the state or Federal
Courts located in Montgomery County, Ohio, and you expressly
consent to the jurisdiction of said courts. If any provision
of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the matters
contained herein and shall not be modified except in, signed
by K12 Gallery.
PRIVACY
K12
Gallery is very respectful about the privacy concerns of
the visitors to its sites on the Internet. As a general
policy, no personal information is automatically collected
from visitors to this site. However, certain non-personal
information of visitors is recorded by the standard operation
of K12 Gallery's Internet servers. This information is primarily
used to provide an enhanced online experience for the visitor.
Information tracked includes the type of browser being used
by the visitor (e.g., Netscape, Internet Explorer), the
type of operating system (e.g., Macintosh, Windows) in use
by the visitor and the domain name of the visitor's Internet
service provider (e.g., America Online, Earthlink). By having
this information, web pages optimized for a particular visitor's
computer are automatically made available to that visitor.
Other use of this information may include internal review
of the number of visitors to this site but only in an aggregate
and non-personally-identifiable form. K12 Gallery only when
voluntarily submitted by the user knows e-mail addresses
and other personally identifiable data about visitors to
this site. K12 Gallery affiliated websites that are linked
to this site and that engage in any additional information
practices will explain those practices at that site.
A
SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On
sites specifically designed for children, K12 Gallery makes
a special effort to encourage children to consult with their
parents before furnishing data. However, K12 Gallery believes
that parents should supervise their children's online activities
and consider using parental control tools available from
online services and software manufacturers that help provide
a kid-friendly online environment. These tools can also
prevent children from disclosing online their name, address,
and other personal information without parental permission.
For additional information about parental control tools,
please consult the "Consumer Assistance" page
of the Direct Marketing Association home page (www.the-dma.org).
(c)
2005 K12 Gallery for Young People |
