The Drop Terms & Conditions
Welcome to The Drop (“The Drop”, “We”, “Us” or “Our”) Terms of Service (the “Terms”). Please read these Terms carefully because they govern your use of our program located at https://artskc.org (the “Site”). Please read the Terms carefully. If you have any questions, contact us at firstname.lastname@example.org To make these Terms easier to read, the Site and Our Program are collectively referred to as the “Program”.
Agreement to Terms
By accessing or using our Program, you agree to be bound by these Terms. If you do not agree to these Terms, simply do not use the Program.
Changes to Terms or Program
We may modify the Terms and our Program at any time, at our sole discretion. If we do so, we’ll let you know either on the Site or through other means of communications. It’s important that you review the Terms whenever we modify them because continuing to use the Program after we have posted modified Terms on the Site or in the Program indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then discontinue use of the Program immediately. Because our Program is evolving over time we may change or discontinue all or any part of the Program, at any time and without notice to you, at our sole discretion.
Creating an Account
In order to access and use the Program, you will need to create an account using our registration process. By creating an Account, you become a “Member” and represent that you are 18 years or older and are not barred from using the Program under applicable law.
Your Account should be yours – don’t use the Account under the name of another person with the intent to impersonate that person, or use a username that is subject to rights of another person without appropriate authorization.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Program that violates Our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify Us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
You can link your Account to various social networks and other online platforms with which the Program is integrated. You may only link your own Account(s) and by doing so, you expressly authorize Us to retain your Account information from those third-party accounts, on your behalf and permit Us to store your Account information for the purpose of providing the Program.
We welcome feedback, comments and suggestions for improvements to the Program. You can submit feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Program; and (ii) any Content that Users (including you) provide to be made available through the Program.
You are responsible for the Content that you post to the Program, including its legality, reliability, and appropriateness. By posting Content to the Program, you grant ArtsKC a non-exclusive, transferable, sublicensable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Program. You agree that this license includes the right for Us to make such Content available to other Users of the Program, who may also use such Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Program does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
ArtsKC does not claim any ownership rights in any User Generated Content that you make available through the Program and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. Subject to the foregoing, ArtsKC and its licensors exclusively own all right, title and interest in and to the Program and Content (but not User Generated Content), including all associated intellectual property rights. You acknowledge that the Program and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Program.
We encourage you to participate and engage in the arts through ArtsKC, but ask that you respect the ArtsKC community – other Users just like yourself – when using the Program.
You Agree NOT to:
Use language or transmit content that may be considered offensive or profane to other users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.
Harass or threaten other users. Harassing behavior and language includes insults, ethnic and homophobic slurs, defamatory statements, invasive statements that may infringe on a user’s privacy, or the transmission or sharing of any content that may cause another user to experience ridicule, threat or discomfort.
Submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
Publish falsehoods or misrepresentations that could damage Us, Our Users or any third party; publish any private information of someone (like their address or phone number) without their permission; submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements; impersonate another person or represent yourself as affiliated with Us, Our staff or other industry professionals.
Solicit a User’s password or other Account information; or harvest Usernames, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Program, but we reserve the right to do so for the purpose of operating the Program, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Program.
You can remove your Content by emailing firstname.lastname@example.org, and one of our Admins will attempt to remove it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Program. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.
Content on the Program
Subject to your compliance with these Terms, ArtsKC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Program and solely for your personal and non-commercial purposes. You will have the right to download and install a copy of the App to your mobile device, and to access and use the Program, for your own personal use if an App is made available. With respect to each App you download, you may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Program to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Program; or (iv) use the Program in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
The Program contains material protected by copyright, trademark and other proprietary information, including, but not limited to, audio, graphic, photographic and text information and all Content of the Program, which are protected by copyright, trademark and other intellectual property laws of the United States. Except as expressly provided herein, nothing in these Terms gives You a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Further, you may not modify, participate in the transfer or sale, create derivative works or in any way exploit any of the Content, in whole or in part, but you may publish, re-post, or share our Content on your personal social media accounts or elsewhere online. Any Feedback you may provide regarding the Application is entirely voluntary and you agree that We can use Feedback without any obligation to you. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.
The Program may also contain material protected by copyright, trademark and other proprietary information, including, but not limited to, audio, graphic, photographic and text information, belonging to third parties. These third-party intellectual property rights belong to the respective owners of the protected intellectual materials.
ArtsKC respects copyright law and expects its Users to do the same. It is Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The notification must be sent to:
Attn: Legal Department
106 SW Blvd
Kansas City, MO 64108
We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.
Links to Third Party Websites or Resources
The Program may contain links to third-party websites or resources, including to Our Partner organizations. We provide these links only as a convenience and are not responsible for the content, products or Program on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
You agree to defend, indemnify and hold harmless ArtsKC, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Program; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Program.
We may terminate your access to and use of the Program, at our sole discretion, at any time and without notice to you. You may also cancel your Account by emailing email@example.com, asking for your account to be deleted.
Upon any termination, discontinuation or cancellation of Program or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE PROGRAM AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Limitation of Liability
NEITHER ARTSKC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROGRAM OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PROGRAM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PROGRAM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTSKC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ARTSKC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PROGRAM OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO ARTSKC FOR USE OF THE PROGRAM OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ARTSKC, AS APPLICABLE.
We prefer to resolve things amiably when possible therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Program. Start by notifying us of your dispute by sending a notice to firstname.lastname@example.org.
Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.
Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Missouri. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
These Terms constitute the entire and exclusive understanding and agreement between ArtsKC and You. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without ArtsKC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communications provided by ArtsKC under these Terms, including those regarding modifications to these Terms, will be given: by ArtsKC (i) via email; or (ii) by posting to the Program. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
ArtsKC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ArtsKC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions & contact information
If you have any questions regarding these Terms, please email us at email@example.com.