Updated March 2, 2006

The use of cincinnatiArts.com, etastart.com, 20days20nights.com, freaksunite.com, other associated domains hosted by Enjoy the Arts, and all other Enjoy the Arts services and information provided on this website are subject to the terms and conditions of this End-User Services Agreement. This agreement may be amended by Enjoy the Arts, notice of which will be made available on this page. Use of the services and information constitutes your acceptance of the End-User Services Agreement. IF YOU DO NOT AGREE WITH ALL TERMS OF THIS AGREEMENT, YOU MUST NOT USE THIS WEBSITE, ITS SERVICES, OR INFORMATION.

cincinnatiArts.com, Enjoy the Arts, and End-User Services Agreement

This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using cincinnatiArts.com, etastart.com, 20days20nights.com, freaksunite.com, other associated domains hosted by Enjoy the Arts, and all other Enjoy the Arts services ("User"), Enjoy the Arts, a nonprofit organization located at 1338 Main Street, Cincinnati, OH 45202 ("ETA"), and the individuals, organizations, or companies that provide information to be used on cincinnatiArts.com or etastart.com, post information to the cincinnatiArts.com Event Finder calendar database, or Enjoy the Arts member organizations ("Participating Organizations"). cincinnatiArts.com, etastart.com, 20days20nights.com, freaksunite.com, other associated domains hosted by Enjoy the Arts, and all other Enjoy the Arts services as described below in Section 2 ("Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

The Services, provided by ETA on its own or on behalf of Participating Organization, are provided to User under the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by ETA and Participating Organizations, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and ETA and supersedes any prior agreements pertaining to the subject matter contained herein.

2. DESCRIPTION OF SERVICES

ETA, on its own or on behalf of Participating Organizations, is providing User with any or all of the following services: (a) calendar of events; (b) directory of Participating Organizations; (c) informational email lists; (d) discussion email lists; (e) message forums; (f) chat rooms; (g) email based referral service (Tell-a-Friend); (h) contact forms for Participating Organizations; (i) links to other websites, webpages, maps, pictures, articles, and online resources; (j) electronic commerce services and storefronts; (k) original content including but not limited to stories, articles, and blog entries; and (l) any other services which ETA may elect to provide its own or on behalf of Participating Organizations in the future. These Services are provided to User at the discretion of ETA and/or Participating Organizations, and ETA has no obligation to provide the Services directly to User. ETA does not charge User for the Services (though ETA may do so at any time in the future), except in the case of purchased items and services as listed within the websites. ETA reserves the right to delete any User's account if such User does not access such account for a period of sixty (60) consecutive days.

ETA and Participating Organizations also reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that ETA, Participating Organizations, and their third party service providers shall not be liable to User or any third party for any modification or discontinuance of the Services.

3. ACCURACY OF INFORMATION

ETA and Participating Organizations do not warrant or represent that the information on cincinnatiArts.com or etastart.com is accurate or reliable or that these websites will be free of errors. All event details, including dates, times, descriptions, et al, are subject to change without notice; please contact relevant Participating Organization for verification. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, ETA disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

3. USER'S REGISTRATION OBLIGATIONS

User must be at least thirteen (13) years old to register for the Services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If User, in order to obtain Services for another person, provides information about any person younger than thirteen (13) years old, then that User confirms that the User either (a) is a parent or guardian of said person or (b) is acting with explicit permission of parent or guardian. The User acknowledges that any information provided about themselves or other persons (regardless of age) is subject to sharing as provided in the Privacy / Security Policy.

If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, ETA or Participating Organizations have the right to terminate User's account and refuse any and all current and/or future use of the Services.

4. USE OF REGISTRATION DATA

User acknowledges that Registration Data and personal information from the user may be shared according to the policies set forth in the Privacy / Security Policy.

5. USER CONTENT

User acknowledges that content posted to public community areas is publicly available and that ETA and Participating Organizations take no responsibility for such content. However, ETA reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation.

User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other technical requirements.

User acknowledges and agrees that ETA, Participating Organizations, and their third-party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY

User will be asked to choose a username. User agrees to choose a username which is unique, not obscene, unlawful, or otherwise objectionable, in ETA’s sole discretion. ETA shall own User’s complete username.

User will receive a designated password and account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify ETA of any unauthorized use of User's password or account or of any other breach of security.

7. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.

User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.

User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that ETA may ban User from future use of the Services if User does not comply with ETA's standards of conduct. Furthermore, User acknowledges and agrees that ETA may recover damages from User if User violates these terms.

8. INDEMNITY

User agrees to indemnify and hold ETA, Participating Organization, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party.

9. STORAGE OF COMMUNICATIONS

ETA, Participating Organization, and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. ETA may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.

10. TERMINATION

(a) User agrees that ETA, Participating Organizations, or their third party service providers may terminate User's password, account, or use of the Services if ETA, Participating Organizations, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of ETA, Participating Organizations, or their third party service providers or other Users or parties, or (iii) discontinuance of Services, in whole or in part. User further agrees that ETA, Participating Organizations, and their third party service providers may terminate User's password, account, or use of the Services if User fails to use the Services at least one time during a reasonable period of time, which shall not be less than sixty (60) days, as determined from time to time by ETA and Participating Organizations.

(b) User agrees ETA, Participating Organizations may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.

11. LINKS

The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that ETA, Participating Organization, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that ETA, Participating Organization, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

12. ETA'S PROPRIETARY RIGHTS

User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by ETA, Participating Organizations, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.

13. DISCLAIMER OF WARRANTIES

(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

(b) ETA, PARTICIPATING ORGANIZATIONS, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(c) ETA, PARTICIPATING ORGANIZATIONS, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ETA, PARTICIPATING ORGANIZATIONS, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

(e) ETA, PARTICIPATING ORGANIZATIONS AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ETA, PARTICIPATING ORGANIZATIONS, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

14. LIMITATION OF LIABILITY

(a) USER AGREES THAT ETA, PARTICIPATING ORGANIZATIONS AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ETA, PARTICIPATING ORGANIZATIONS, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) USER FURTHER AGREES THAT ETA, PARTICIPATING ORGANIZATIONS, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, ETA has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL ETA BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (I) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

(d) IN NO EVENT SHALL ETA BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.

(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

(f) Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in this Agreement, neither ETA nor Participating Organizations are responsible for any damages caused by your decision to do so.

15. AMENDMENT

ETA may modify this Agreement at any time, and such modifications shall be effective immediately upon posting, with or without notice to User.

16. GENERAL

ETA’s and Participating Organization’s third party service providers are intended beneficiaries of this Agreement. ETA shall not be liable to User for any breach by Participating Organizations of this Agreement or the Privacy Policy. This Agreement and the relationship between User and ETA and Participating Organization shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. User, ETA, and Participating Organization agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Ohio. The failure of ETA, Participating Organization, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.