RFP Toolkit Terms and Conditions
Last updated 1 June 2018 (Notice of change)
- Our Services. The "Service" or the "Services" means the RFP Toolkit, the Commission Contract, and related software and services owned and operated by us, The Art Commission, LLC (DBA "CODAworx"), including the associated web pages at the domain name codaworx.com.
- Use of the Site. CODAworx operates the Services to facilitate the commissioning of art and the applications to art commissions. A single instance of commissioning art is a "Commission." Any new features added to the Services will also be subject to these Terms and Conditions.
- Accounts. To use the Services, you must register for an account. We reserve the right to decline an account to any person for any or no reason. If you register for an account, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide accurate, current, and complete information about yourself ("Account Information") and about your Commission ("Commission Information") as prompted by the Services (Account Information and Commission Information is collectively known as "User Content".); (b) maintain and promptly update the User Content to keep it accurate, current, and complete; (c) immediately notify CODAworx of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. CODAworx has the right to suspend or terminate your account for any or no reason, including for violations of this or any other agreement with CODAworx.
- Service fees. Services are purchased for use with a single Commission. Facilitating multiple Commissions requires multiple purchases. If you cancel any Services or the account with which you use certain Services, your payments are not refundable.
- User Content. By posting or creating User Content, you grant CODAworx an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, modify, distribute and publicly display your Commission Information for any purpose, commercial, advertising, or otherwise. For example, and without limiting the foregoing, we may use it in publications such as tradebooks, magazines, newspapers, videos, web and online presentations, and other media. You authorize us to use your Commission Information in any such publication, whether offered free or sold.
- Representations. You represent that you either own all intellectual property rights in the User Content, or that you have permission from all relevant intellectual property rights owners to submit such User Content. You are also representing that you have the ability to grant CODAworx all permissions and rights required by CODAworx in connection with administering and providing the Services. You also represent that your User Content does not violate any trademark, copyright, right of privacy, or any other rights of any other person or entity.
- Right to Decline. CODAworx reserves the right to decline any purchase or submission of User Content by you, for any or no reason. If we decline your purchase or submission, we will refund any money you have paid for that Services for that Commission.
- Communications with other users. The contact information provided by applicants to your Commission is to be used only for purposes consistent with the Services. We have the right to terminate your account if we learn that you are using contact information in any matter determined inappropriate by CODAworx. This includes, for example, spam, defamatory, rude, or threatening communications, unsolicited commercial messages, or blast messages.
- CODAworx Intellectual Property. The content on the Services and CODAworx web pages, except all User Content, is owned by or is licensed to CODAworx. This includes, without limitation, trademarks, copyrights, text, and graphics.
- Third Party Intellectual Property. CODAworx respects the intellectual property rights of others. We will respond promptly to remove material that infringes another
person's copyright or other intellectual property right. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), our designated agent to receive
notices of claimed infringement is:
The Art Commission, LLC
Attn: DMCA Agent
155 E. Wilson Street #501
Madison, Wisconsin 53703
- Services Provided "As Is." You agree that the Services and all information provided on the Services are provided "As Is" and that CODAworx assumes no responsibility for the accuracy, timeliness, deletion, or mis-delivery of any user communication, or information. You, and not CODAworx, are entirely responsible for all material that you post, transmit, or otherwise make available through the Services. We do not review or control all the material that others post, transmit, or otherwise make available through the Services, and accordingly we do not guarantee the accuracy, integrity, or quality of such material.
- Indemnification. You agree to indemnify and hold harmless CODAworx, and its affiliates, officers, directors, agents, and employees, from any claim or demand by any third party arising out of material you post transmit or otherwise make available through the Services, (including, without limitation, User Content), your use of the Services, your connection to the Services, your violation of these Terms and Conditions, or your violation of any rights or another person or entity.
- Limitation of Liability. CODAworx and its affiliates, officers, directors, agents, and employees are not liable for any damages arising out of or relating in any way to the Services or any information received from or through the Services, including but not limited to any User Content or other content contained within the Services. Your sole remedy for dissatisfaction with the Services is to stop using the Services and the information obtained from it.
- Modification. We may modify these Terms and Conditions from time to time. The most current version will govern your use of the Services. If we make material changes to these Terms and Conditions, we will notify you by email or by posting a notice on the Services. Your continued use of this Services after notice of a modification indicates your acceptance of the revised terms.
- Duty of care. CODAworx will use reasonable efforts to control the security of the Services, but does not warrant that it will be able to protect User Content or other content from infringement or piracy. You agree that CODAworx shall have no liability for any negligence or lack of due care in failing to protect the security of the Services.
- Successors-and-assigns. The rights and obligations of the parties to this agreement will be binding on, and will be of benefit to, each of the parties' respective representatives, successors, assigns, heirs, and estates.
- Governing law and jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin. You hereby consent and submit to the exclusive jurisdiction of the state and federal courts in the State of Wisconsin, in the city of Madison, in all questions and controversies arising out of these terms and your use of the Services.
Effective: 2 October 2015