Terms of Use

The following Terms of Use (“Agreement”) governs the use of www.diveintoart.com (the “Site”), owned and operated by Dive Into Art LLC (“DIA,” “we,” “us” or “our”). This Site is available to visitors (“you” or “your”) subject to the following terms and conditions of use (“Terms of Use”) for your convenient access to information about DIA and our art enrichment program including curriculum standards and recommended resources. If the user using the Site is on behalf of a company, then “you” and “your” will refer to and include the user’s company (e.g., an educational institution or agency), its officers, employees, members, agents, successors and assigns. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in those areas and, together with these Terms of Use, govern your use of those areas and are referred to as the “Agreement”. This Agreement also incorporates by reference the terms of our Privacy Policy. Your use of the Site constitutes agreement to its terms and conditions as well.

PLEASE READ THIS AGREEMENT CAREFULLY. Your access to and use of this Site is subject to the terms and conditions set forth in this Agreement and all applicable laws and constitutes your binding acceptance of this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE.

DIA reserves the right, in its discretion, to update or modify this Agreement at any time by posting such new terms on the Site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the bottom of this page, so check back often. We encourage you to review these Terms of Use whenever you use this Site. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and products. Your continued use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

Content

All content, information, articles, newsletters, lessons, design, text, images, pictures, logos, graphics, formats, code and software, technical drawings, configurations, photographs, audio and video files, scripts, links, interactive features and other materials and files (collectively, “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content are registered trademarks, trademarks, trade names, service marks or otherwise protected property of DIA, or used under license or otherwise, and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied, imitated, published, broadcast, distributed, reproduced or transmitted without our prior written consent in each instance.

You agree to comply with, and keep intact, any copyright notices, reproduction notices, trademark notices, information, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site. If you have any question as to whether we own certain Content contained on the Site, do not download or copy it without first contacting us. You may not copy, use, download, deep-link, modify, frame, publish, transmit, retransmit, translate, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit or make commercial use of, any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by us and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, DIA (and all other entities with an interest in the relevant intellectual property) or on the Site. Access to and use of the Site does not confer any ownership interest in the Site and/or the Content or other materials contained therein. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

DIA specifically prohibits, and by use of the Site, users expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on the Site by DIA or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our infrastructure; use of any data mining, robots, spiders, scraping or other similar means or methods for purposes of data gathering or extraction (including, but not limited to, manual process to monitor or copy our Site pages or the Content contained herein without our express written permission in each instance); use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the DIA Site or any activities conducted on our Site; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You further agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

Registration Obligations

To use the Site, you may be required to register by completing a registration form and designating a username, password and/or other registration information (“Registration Data”). During registration, you agree to: (a) provide true, accurate, current and complete Registration Data as prompted by the registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Registering with the Site will signify your agreement that all Registration Data provided is complete, accurate and up-to-date and an acknowledgement that you are responsible updating your Registration Data as necessary. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not authorize any third party to use your Registration Data. You may not sublicense, transfer, sell or assign your Registration Data and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be void ab initio and a material breach of this Agreement.

You are responsible for maintaining the confidentiality and security of your Registration Data, and are fully responsible for all activities that occur under your Registration Data. You agree to notify us immediately and in no event later than 24 hours after any unauthorized use of your Registration Data or any other breach of security. You are solely responsible for any and all use of such Registration Data. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. DIA cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Without limiting the foregoing and for the avoidance of doubt, we reserve the right to terminate your account without prior notice if your Registration Data contains any untruthful or inaccurate information. The collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy.

Purchases

Products or services may be available for purchase from DIA through the Site, or from third parties via links available through the Site (such as Amazon for books or Dick Blick for art materials and supplies). DIA is not responsible for items offered by third parties nor for any purchases you make from those merchants. If you have any questions or concerns about those purchases, or the items offered by those merchants, please contact the merchants directly. If you order items from DIA through the Site, DIA will use reasonable efforts to fulfill your order as promptly as possible. DIA is not responsible for delays, nor for damage or loss to items in shipment or otherwise outside its reasonable control. Items purchased from DIA through the Site that are defective may be returned for replacement or refund, only if, within thirty (30) days after you received the items, you contact DIA customer support for a return authorization and return the items to DIA at the return address specified by DIA in the return authorization. DIA’s sole liability, and your exclusive remedy, for any and reasons, for a purchase from DIA through the Site is for DIA to provide you with a replacement item of equal or greater value or, at DIA’s sole discretion, to refund the amount you paid for the purchase.

User Conduct

We may provide interactive areas on the Site for the enjoyment of our visitors. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of DIA or others.

Unsolicited Materials

DIA does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or by way of example and not limitation, personally identifiable information (e.g., student data) from users through this Site or mail and e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to DIA will be deemed non-confidential.

USER’S GRANT OF A LIMITED LICENSE

By communicating with DIA, including submitting, sending or posting Unsolicited Materials, custom content or other information or material to the Site and/or directly to DIA (collectively, “Submissions”), you grant DIA the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Submissions (in whole or part) and otherwise exploit the Submissions, including any information, suggestions, ideas, drawings or concepts contained in such Submissions, and/or to incorporate the Submissions in other works, in any form, media, or technology now known or later developed, throughout the world, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Submissions. You represent and warrant that by submitting the Submissions you agree to waive any “moral rights” you may have in the Submissions.

By submitting or sending any Submission to DIA, you represent and warrant that the Submission is wholly original to you, you are the sole creator thereof, and that no other party has any rights to the Submission. You further represent and warrant that you have secured, prior to submitting, ending or posting a Submission, any and all consents and/or releases (e.g., individuals, locations, music, trademarks) necessary for DIA to exploit such Submission(s).

For the avoidance of doubt, you also irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit all Submissions including, but not limited to, your image, photo, likeness, voice and performance, in whole or in part, and any other materials or information you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of us and the Site, and in connection with our exercise of any other rights granted hereunder as we determine in our sole discretion without notice, compensation or other consideration. You hereby release us from and against any and all claims, damages or liabilities arising from or relating to the use of such Submissions, image, photo, likeness, voice and performance as set forth in this Agreement.

YOUR ACTIONS AS A USER

We encourage your participation in upholding the standards and policies contained in this Agreement. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our Site. DIA reserves the right to terminate your access to and use of the Site, if, in our view, your conduct fails to meet any of its guidelines.

Any conduct that violates this Agreement in any way may result in the suspension or termination of the user’s access to and, if applicable, registration with the Site, in DIA’s sole discretion, in addition to any other remedies. As stated above, we may also post additional guidelines and/or codes of conduct for certain areas and any such additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules governing, by way of example, a promotion or code of conduct posted in a specific area of the Site and this Agreement, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable user content or have any questions about this Agreement or any of our other policies or guidelines, please contact us.

You acknowledge and understand that all Submissions in whatever format or medium (e.g., information, data, text, software, music, sound, photographs, graphics, video, messages, content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Submission originated.

You agree not to use the Site to:

  1. upload, post, email or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful whether sexually, racially or ethnically, or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, any law enforcement officer, or any DIA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Site;
  5. upload, post, email or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under any nondisclosure agreement);
  6. upload, post, email or otherwise transmit any Submission that infringes, contributes to the infringement of, or induces others to infringe, any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. upload, post, email or otherwise transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or in any other way cause damage to a user’s data against the will of the user;
  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  10. interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware, Content or other materials on the Site, the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
  12. “stalk” or otherwise harass another; or
  13. collect or store personal data about other users.

You acknowledge that DIA and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Content or Submission that is available via the Site. Without limiting the foregoing, DIA and anyone it designates shall have the right to remove any Submission that violates this Agreement or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Submission, including any reliance on the accuracy, completeness, or usefulness of the same. In this regard, you acknowledge that you may not rely on any Content or Submission (i) created by DIA or on this Site, or (ii) submitted to DIA or this Site in all other parts of the Site.

You acknowledge and agree that DIA and this Site may preserve any Submission and may also disclose any Submission if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content or Submission violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of DIA and this Site, its users and the public.

You understand that the technical processing and transmission of the Site, including your Submission, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of various networks or devices to which the Site is connected. You agree that you will not use any device, software or routine to bypass robot exclusion headers, or to interfere or attempt to interfere with the proper working of the DIA Site or any activities conducted on our Site.

THIRD PARTY SITES

The Site may contain links to websites and resources on the Internet which are controlled, owned and/or operated by third parties (the “third-party sites”). We do not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by or imply that DIA sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.

RESTRICTIONS ON USE OF CONTENT

Except as expressly permitted, you agree (a) not to use the Site for sale, trade or other commercial purposes, and, (b) that you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content or other material on the Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — (in each instance) may you publish, display or commercially exploit any Content or other material on the Site. To seek our permission, you may write to us at the address provided below. If written permission is granted by DIA and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.

CORRECTION OF ERRORS AND INACCURACIES

This Site may contain errors or inaccuracies and may not be complete or current. DIA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.

CURRICULUM STANDARDS & SAFETY GUIDELINES

DIA believes there is a Dive Into Art in everyone’s life. DIA values both education and safety equally. Adults implementing the DIA program will note that each lesson plan requires adult supervision and assistance and includes a list of materials needed for the art project. Adults are expected to ensure that students follow all directions and are responsible for following the guidelines, only using age-appropriate materials. Certain materials required may contain ingredients or be produced on machinery that comes into contact with ingredients associated with common allergies (e.g., peanuts, shellfish, fish, tree nuts, eggs, milk, flour, latex). Please review the entire lesson plan and consider all materials and the individual student before engaging in any project activities to ensure a safe and educational experience. Should you have any specific concerns or questions regarding safety that are not addressed in the documentation provided, please contact us prior to commencing with the applicable lesson plan and we will do our best to assist you.

COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT

DIA respects the intellectual property of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the registration of users who may be infringing the intellectual property rights of DIA and/or others; however, we have no responsibility for content on other websites that you may find or access when using DIA’s products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.

Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send DIA’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

The notification must be in writing and include:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  2. Identification of each copyrighted work(s) or other intellectual property that you claim has been infringed upon;
  3. A description of where the allegedly infringing material is located on the Site, with sufficient detail to enable us to locate such material on the Site;
  4. Your address, telephone number and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. Information, if possible, sufficient to enable DIA to contact the owner/administrator of the allegedly infringing webpage or other content (e.g., an address, telephone number, and email address); and
  7. A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright.

Notices and counter-notices should be sent to our Agent as follows:

By mail: Dive Into Art LLC, 34 Ashland Road, Summit, New Jersey 07901, ATTN: Copyright Agent
By phone: 908.899.1278
By Fax:
By email: copyright@diveintoart.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

INDEMNITY

You agree to indemnify, defend and hold harmless, DIA, its affiliates, subsidiaries, and its and their respective members, officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach or alleged breach of the terms of this Agreement. DIA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by DIA in the defense of any claim. In any event, you shall not settle any matter without DIA’s written consent.

SECURITY

From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

TERMINATION

Without limiting anything set out elsewhere in this Agreement, DIA reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. DIA may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE SITE MAY NOT BE RETRIEVED.

DISCLAIMER

Your use and browsing of, and any reliance by you upon, this Site and any Content herein is at your own risk. If you are dissatisfied with the Site or any Content or other materials, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. WE DO NOT REPRESENT OR ENDORSE THE TIMELINESS, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR OTHER MATERIALS ON THE SITE AND YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT AND/OR OTHER MATERIALS SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT IN SOME CASES, THE CONTENT COULD BE MISLEADING, MISLABELED OR SIMPLY INACCURATE. FURTHERMORE, DIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, NOR DO WE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, ANY CONTENT ON THE SITE AND ALL E-MAILS SENT BY US, OUR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY VENDORS OR CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR OTHERWISE FROM DIA, INCLUDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND ANY SITE WITH WHICH IT IS LINKED, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE.

YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You specifically acknowledge and agree that neither DIA nor its Related Parties are liable for any defamatory, offensive or illegal conduct of any user. In addition, while DIA intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, it does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders, Trojan horses, cancelbots or destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site. We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, OUR AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.

IN THE EVENT A USER TRANSMITS, INTRODUCES, OR OTHERWISE CAUSES ANY TECHNICAL DISRUPTION TO THE SITE TRANSMITTING THE SITE AND/OR CONTENT TO USERS, SUCH USER SHALL BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

GOVERNING LAW AND LIMITATIONS OF ACTIONS

The terms of this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without regard to its conflicts of law rules. The parties hereto irrevocably consent to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. This Agreement may be amended as set forth above. If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement and all incorporated agreements may be automatically assigned by DIA, in its sole discretion, to a third party in the event of a merger or acquisition. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and have no legal or contractual effect. All rights not expressly granted herein are reserved.

CONTACT US

For more information on our Customer Service Policies e-mail us at support@diveintoart.com or contact us by postal mail at:

Dive Into Art LLC
34 Ashland Road
Summit, New Jersey 07901
908.899.1278

Last updated as of January 26, 2016