Terms and conditions
Thank you for visiting flamencoartsinternational.org, which is owned and operated by Flamenco Arts International, a 501(c)(3) organization. The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Flamenco Arts International (“FAI”). These Terms, together with our Privacy Policy govern your use of the website https://flamencoartsinternational.org (“Website,” “Site”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.
1. Effective Date— These Terms of Use are effective as of July 11, 2024.
2. Your Acceptance of These Terms of Use— These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use. Please do not access or use this Site if you do not agree to the terms and conditions set forth herein.
3. Your Acceptance of FAI’s Privacy Policy— By agreeing to these Terms of Use, you also agree to the terms of FAI’s Privacy Policy, which is expressly incorporated herein by reference. All personal information provided to FAI by you as a result of your use of this Site will be handled in accordance with the Privacy Policy.
4. Use of This Website—To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Information provided on the Website and any resources provided on or available for download from the Website are subject to change. FAI makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. FAI disclaims all liability for any inaccuracy, error, or incompleteness in the information provided. FAI reserves the right to withdraw or amend this Siie and any service or material provided on the Website in its sole discretion without notice. FAI will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
5. Lawful Purposes—You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
6. Ownership of This Site and Its Content— This Site, including all content made available on the Site, including, without limitation, software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (the “Content”), is solely owned by FAI and its collaborators and partners, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and all other applicable intellectual property laws and other laws, including, without limitation, the laws of the United States and other countries. The presence of any Content on this Site does not constitute a waiver of any right in such Content. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of an authorized representative of FAI.
7. License to Use the Site—FAI may make resources on this Website accessible to users. FAI grants you a limited, personal, non-exclusive, non-transferable license to use this Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.By accessing or downloading the Content, you agree that the Content may only be used by you for your personal or internal business use subject to the terms of the license above and may not be sold or redistributed without the express written consent of FAI.By accessing or downloading the Content, you further agree that you shall not create any derivative work based upon the Content and you shall not offer any competing products or services based upon any information contained in the Content.
6. Your Content Submissions— Ownership of any content, materials, submissions, or feedback you provide to us through this Site, including as comments on FAI blog posts, or by email (“Content”) will be and remain your exclusive property. However, in submitting Content to FAI, you hereby grant FAI the worldwide, sublicensable, non-exclusive, royalty-free right and license to use, copy, disclose, display or perform publicly, distribute, improve and/or modify any Content you submit for any purpose whatsoever, without restriction and without compensation to you. Do not send to FAI any Content for which you are not comfortable granting such a license to FAI.
7. Trademarks and Intellectual Property— FAI trademarks, names and logos, icons and graphics appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of FAI (the “FAI Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the FAI Marks in any manner without FAI’s prior express written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to the FAI or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Use.As a condition of your use of the Website, you warrant to the Company that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of FAI or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part.The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected content solely for your individual use and will make no other use of the Content without the express written permission of FAI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FAI or our licensors except as expressly authorized by these Terms.FAI’s name, the company logo, the company messaging and slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of FAI or its affiliates or licensors. You must not use such marks without the prior written permission of FAI. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
8. Your Obligations— In consideration of your use of this Site, you agree that, to the extent you provide any information or submissions to FAI, the content of such information or submissions will be true, accurate, current and complete to the best of your knowledge, that you have the right to submit such submissions and grant the license to FAI contained herein, and that you will update all information as necessary to correct any known errors or misstatements.
9. Your Use of the Site— You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. FAI reserves all rights and remedies available to it.
10. Malicious Code— Although FAI endeavors to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. FAI will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.
11. Security— The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. FAI does not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. FAI does not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.10. Infringement Notices— FAI respects the rights of intellectual property owners and asks its users and Affiliates to do the same. If you believe any content posted on the Site is infringing your copyright or trademark or the copyright or trademark of any third party, is libelous, or violates the rights of privacy or publicity of you or a third party, please notify FAI in accordance with the following procedure:All notifications must be in writing and directed to FAI’s designated agent at the following mailing address or email address:Flamenco Arts InternationalAttn: Executive Director930 Main StreetRedwood City, CA 94063Tel: (415) 738-4975isabel@artsandmedia.netPlease make sure to include in each copyright infringement notification the following information:a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;b) Specific identification of each copyrighted work claimed to have been infringed;c) A description of where the material believed to be infringed is located on the FAI Site (e.g. hyperlink);d) Contact information for the complaining party, including a complete name, address, telephone number, and email address;e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; andf) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Modification and Discontinuation— FAI reserves the right, from time to time and at any time, to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that FAI shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site. The date of the last revision will be indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms, Privacy Policy and Disclaimers.
12. DISCLAIMERS— FAI MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IAM, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FAI, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. FAI DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM IAM OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.
13. LIMITATION OF LIABILITY— TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, FAI, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL FAI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE.ADDITIONALLY, FAI IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF FAI HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SUCH DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE FAI’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.
14. Links to Third-Party Websites— This Site may provide links to other websites operated by third parties. Because FAI has no control over third-party websites, FAI is not responsible for the availability of those websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. FAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
15. Waiver— Any failure by FAI at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by FAI of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
16. Severability— If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.
17. Governing Law, Jurisdiction and Venue— These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be brought exclusively in state or federal court in the City and County of San Francisco, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, FAI retains the right to bring legal proceedings in any jurisdiction where FAI believes that infringement of these Terms of Use is taking place or originating.
18. Indemnity— You agree to indemnify and hold FAI and its directors, officers, employees agents, Affiliates, suppliers, licensors and service providers harmless from any loss, liability, claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause FAI to be liable to another. FAI reserves the right to defend any such claim, and you agree to provide FAI with such reasonable cooperation and information as it may request. You shall indemnify and hold FAI and its directors, officers, employees agents, Affiliates, suppliers, licensors and service providers harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
20. Severability, Headlines, and Structure— The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
21. Entire Agreement, Waiver— These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and FAI pertaining to the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by FAI.
22. ALL RIGHTS RESERVED—All rights not expressly granted in these Terms are reserved by FAI. If you do not see a usage scenario here that applies to your intended usage contact us at hola@flamencoartsinternational.org.
21. Contact— If you have any questions about this Site or these Terms of Use, please contact FAI at:
Flamenco Arts International
930 Main Street
Redwood City, CA 94063
isabel@flamencoartsinternational.org
