Hayes Advocacy for Vegas Arts Web Site
Terms of Use
Last Updated on September 21, 2023
Welcome to the web site (“Our Site”) of Hayes Advocacy for Vegas Arts (“HAVarts,” “we,” or “us”). HAVarts’s mission is to develop ongoing programming that will explore, expand and educate people of all ages.
These Terms of Use (“Terms”), including our Privacy Statement, set forth the conditions for your use of Our Site. Our Site includes the main site at havarts.org. By using Our Site, you consent to these Terms, including our collection and use of information about you in accordance with the Privacy Statement. We may update these Terms, including our Privacy Statement, from time to time by posting the modified Terms or Privacy Statement on this page, or, if we determine that it’s appropriate, we may post a notice of the change on our home page. By continuing to use Our Site after we have posted such modifications or notice, you agree to the modified Terms.
Please read these Terms carefully, because by using Our Site, you agree to be bound by and comply with its terms. If you do not agree to comply with these Terms, you are not authorized to use Our Site.
Notice and Procedure For Making Claims of Copyright Infringement
We respect the copyright and other proprietary rights of third parties. If you believe that any material posted on HAVarts infringes your copyright, then you may request the removal of those materials from HAVarts in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to:
Jacquelyn Hayes
10182 Juniper Creek Lane
Las Vegas, NC 89145
To comply with the Copyright Act, your Notice must be in writing and must include the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(3) 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;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) 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
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(1) A physical or electronic signature of the alleged infringer;
(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
(4) The alleged infringer’s name, address, and telephone number; and
(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on havarts.org.
Permitted Use; Ownership Of Content
You may access and use Our Site for your personal, non-commercial purposes only. As a condition to your continued use of Our Site, you warrant that you will not use Our Site for any purpose that violates (A) these Terms, (B) any law or regulation, or (C) the rights of HAVarts or any third party.
All material on Our Site is protected by United States and international copyright law. You must abide by all copyright notices and restrictions contained in Our Site. You may print one copy of the pages posted on Our Site (“Site Content”) for your personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright or other notices displayed on the Site Content. Aside from this one copy, you may not reproduce, distribute (in any form, including over any local area or other network or service), display, perform, create derivative works of, sell, license, extract for use in a database, or otherwise use any Site Content (or any computer programs and other code) on Our Site. You may not modify or alter the proprietary notices or any content that is printed from Our Site.
Trademarks
HAVarts, the HAVarts logo, and other trademarks featured on Our Site are trademarks owned by HAVarts in the United States and other countries (“Our Trademarks”). You may not use Our Trademarks (i) in any way we do not authorize or in connection with any product or service that does not belong to us, (ii) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or (iii) in any manner that disparages or discredits us.
Donations
Our Site includes links to the web site of a merchant (“Donation Merchant”) that allows you to donate funds to HAVarts. If you wish to make a donation to HAVarts, you must leave Our Site and go to the site of the Donation Merchant. Any information you share or actions you take on the Donation Merchant’s web site are governed by the Donation Merchant’s terms of use and privacy statement, which you should review carefully to learn about its practices. We provide the links to the Donation Merchant’s web site for your convenience only, and HAVarts makes no representations or warranties about or on behalf of the Donation Merchant.
HAVarts does not have access to nor keep a copy of any credit card information that is entered into the Donation Merchant web site.
Links
We may provide links to other web sites (“Other Sites”), including the link to the Donation Merchant described above. The links do not imply that we endorse or sponsor the Other Sites in any way. We exercise no control whatsoever over Other Sites and are not responsible or liable for the content or activities on them. You use any Other Sites solely at your own risk. Under no circumstances may you “frame” Our Site or any of its content or copy portions of Our Site to a server, except as part of an Internet service provider’s incidental caching of web pages. Each page from Our Site must be displayed in full (including all trademarks, service marks, branding, and content), without any accompanying frame, border, design, trademark, advertising or other materials not originally displayed on the page as it appears on Our Site.
Disclaimers
Our site is available “as is” and “as available.” To the maximum extent permitted under law, we disclaim all express or implied warranties with respect to our site or any information, goods, or services that are available through our site, including without limitation any warranty of merchantability or fitness for a particular purpose (even if the purpose was disclosed).
We do not warrant that our site will be uninterrupted or error-free. We do not make any representations regarding the accuracy or completeness of any statement or information made available on our site or available through links on our site. We reserve the right to correct any errors or omissions on our site. If you rely on our site or obtain any materials, goods or services available through it, you do so solely at your own risk.
Although we intend to take reasonable steps to prevent the introduction of computer viruses or other malicious code to our site, we do not guarantee or warrant that our site or materials that are available on it are free from such destructive features. We are not liable for any damages or harm attributable to such features.
Limitation of Liability
We are not liable for any damage, loss, or injury based on errors, omissions, interruptions, inaccuracies, or materials on our site, including claim based on any damage, loss, or injury that results from your breach of any provision in these terms of use.
We are not liable for any incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with use of our site and its services or these terms, regardless of whether such liability is based in tort, contract or otherwise.
Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.
Indemnification
You agree to indemnify (and if requested, defend) HAVarts and its directors, members, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees) that any of them may incur arising out of (A) your acts or omissions in connection with your use of Our Site in any way; (B) your violation of these Terms; or (C) your breach of any representation, warranty, covenant, or obligation in these Terms.
Governing Law
These Terms and any dispute related to Our Site are governed by the laws of the State of Las Vegas applicable to agreements made and wholly performed there. By using Our Site, you hereby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the State and County of Las Vegas for the resolution of any dispute arising out of these Terms or your use of Our Site and waive any objection to that jurisdiction based on convenience or otherwise.
Severability
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be considered severed and will not affect the validity and enforceability of any remaining provisions, unless doing so would deprive you or HAVarts of a material benefit under these Terms.
Termination
We reserve the right to cease to operate Our Site (or any services we offer on it) and to terminate these Terms at any time without notice for any reason. The Disclaimers, Limitation of Liability, Indemnification, Governing Law Sections (and any other Section that by its nature or intent should survive) will survive any such termination.
Contact Us
If you have questions, comments, or suggestions about these Terms, including the Privacy Statement, please contact us at jhayes@havarts.org.
PRIVACY STATEMENT
HAVarts is committed to protecting your privacy. This Privacy Statement describes our treatment of your personal information, how you can make choices about that treatment, and how you can request access to your information.
Personal Information We Collect
We do not require you to provide Your Personal Information in order to access general information on Our Site. To participate in certain activities on Our Site, we ask for certain personal information (such as your name, organization, mailing address, telephone number, e-mail address).
How We Use Your Personal Information
By giving Your Personal Information to us, you give us permission to store and use it for the purposes described in this section. We use Your Personal Information for the purposes for which you give it to us, including:
To process registrations for HAVarts activities;
To develop and improve our services and activities; and
To provide you with information on events or other news that we think might interest you.
If you do not want HAVarts to send any communications to you, or if you want to limit the kinds of communications sent to you, you can indicate your preferences by selecting the “unsubscribe” option in our emails or by contacting us by email at jhayes@havarts.org or by phone at 702-463-3526.
Non-Personal Information
Our servers automatically log certain non-personal information of visitors to Our Site that HAVarts uses for statistical analysis of web site traffic. The information is stored as log files on our server. The log files are regularly collected and analyzed by software to produce visitor trend reports. Our server logs do not collect personally identifiable information (such as names, addresses, etc.) about individual users. HAVarts also collects non-personal information through such mechanisms as cookies, clear GIFs and other graphical files placed on web pages of Our Site. HAVarts does not link non-personal information it collects through Our Site to individual users’ personally identifiable information.
The non-personal information we collect includes:
Total page views associated with a particular computer;
The length of time a user remains on Our Site;
The length of time a user remains on each page on Our Site;
Web pages accessed by a particular computer;
Actions taken during a visit on a particular web page (e.g., links or banner ads clicked);
A user’s browser type and computer platform; and
A user’s IP address.
This information is used for analysis, such as:
Traffic patterns;
Average visitor session length;
Number of visitors to certain areas of the site;
Number of total new visitors;
Number of total repeat visitors;
Other user trends; and
Possible improvements to web site navigation and infrastructure.
Cookies
As noted above, Our Site uses cookies, which are small files placed on your computer, to enable visitors to use Our Site. Generally, we use cookies to allow entry into password-protected areas of Our Site, and for navigation of Our Site. Cookies can be deleted or rejected by changing the settings on your web browser. Please be aware that you will not be able to access some parts of Our Site if you reject cookies.
Sale of Personal Information
HAVarts does not sell the personal and contact information of our users to third-parties for marketing or commercial purposes.
Other Disclosure
We may disclose and use Your Personal Information in special circumstances where it is necessary, including to protect our proprietary or third-party rights, in connection with a sale or transfer of some or all of our assets in Our Site, when the law requires us to do so, and in other circumstances in which we believe, in good faith, it is necessary or appropriate.
Scope of this Privacy Statement
This Privacy Statement applies to your use of Our Site only. We do not own, operate or control the web sites of our Vendors, including our Donation Merchant, which processes your donations through its own web site. Accordingly, this Statement does not apply to any Vendor’s web site or any Vendor’s collection, use, storage and disclosure of Your Personal Information.
Donations
Our Donation Merchant shares with us your name, address, the amount of your donation, and the last four digits of your credit card number. We retain this information for accounting and IRS documentation purposes, to respond to donor inquiries, to thank you and to keep you updated on our activities and programs.
Links to Third-Party Web Sites
Our Site contains links to other web sites. We have no control over these web sites. Be sure to read the privacy policies that govern your use of other sites before giving them any of Your Personal Information. Because we are not responsible for the collection of personal information on any other site, you should direct any questions or concerns regarding the privacy practices of another site to the administrator of that site.
Security
Our hosting service provider maintains its systems in accordance with reasonable industry standards (e.g., using firewalls) to secure user information. However, no transmission over the Internet can be guaranteed to be 100% secure. Therefore, you provide us with your information at your own risk.
Review and Update Your Personal Information
We will take reasonable efforts to let you review Your Personal Information and, upon your instructions, to correct inaccuracies in or delete Your Personal Information from our databases. If you wish to review Your Personal Information or have any questions regarding our treatment of Your Personal Information, you can contact us by email at jhayes@havarts.org; by phone at 702-463-3526; or by mail: HAVarts, Attn: Jacquelyn Hayes, 10182 Juniper Creek Lane, Las Vegas, NC 89145, USA.