Terms of Use

These Terms of Use (“TOU”) apply to all websites operated by Vulcan Arts + Entertainment, Inc. (“VA+E” or “us”), including www.vulcanae.com (the “Site”). The Site includes all content, information, products and services that are provided on or through the Site, or that are made available to you byVA+E. This TOU, together with VA+E's privacy policy (“Privacy Policy”) and any other written agreement signed by VA+E (collectively, the “Agreement”) govern your access to and use of the Site, and represent the entire understanding and agreement between you and VA+E, and supersedes any prior communications on the subject matter.
 
Access and Use
By accessing or using the Site, including registering for any products or services in connection with the Site, you represent that you are at least 18 years old and agree to be bound by all the terms and conditions in the Agreement. If you do not meet the age requirement or do not agree, you must immediately discontinue your use of the Site.
 
VA+E reserves the right, at any time, to update or modify the TOU and Privacy Policy and will provide notice by indicating on the webpage the date it was last updated. You acknowledge and agree that it is your responsibility to check for any updates or modifications to the TOU and Privacy Policy, and your continued use of the Site following any such changes constitutes your acceptance of the updated terms.
 
User Registration
The Site may contain features that enable you to voluntarily register, sign-up or opt-in to receive certain products or services from VA+E, such as newsletters, information on upcoming events or other distributions, by providing your first and last name, email address and zip code (“Opt-in Services”). If you choose to receive Opt-in Services, you agree to receive communications and materials from VA+E using your email address. You may register, sign up, opt-in, cancel, terminate, opt-out or unsubscribe from Opt-in Services at any time. VA+E may but has no obligation to provide Opt-in Services, and may suspend or terminate any Opt-in Services at any time in its sole discretion. You represent and warrant that all information you provide in connection with Opt-in Services is truthful and accurate. Opt-in Services, including the information you provide, are subject to the Privacy Policy.
 
Site Content
The Site is licensed, not sold. Subject to your compliance with the Agreement, VA+E grants to you, a non-exclusive, non-sublicensable, non-assignable and non-transferable license to access and use the Site and any associated content, information or materials, including those provided through Opt-in Services, Third Party Content and User Content (collectively, “Site Content”) via a web connection over the internet. Your access to and use of any Site Content is solely at your own risk. VA+E reserves the right to change, remove, modify or edit the Site and any Site Content at any time, for any reason, without notice or obligation to you or any other users of the Site. Some Site Content may be subject to additional restrictions on reproduction or modification and you are solely responsible for adhering to such restrictions.
 
  1. Third Party Content. The Site may contain links to other websites or third party content that are not owned or operated by VA+E (“Third Party Content”). The availability or appearance of any Third Party Content on the Site is for convenience only and does not represent any sponsorship or endorsement by VA+E. Third Party Content is subject to the applicable third party's terms and conditions and privacy policy (“Third Party Terms”). You are solely responsible for your use of Third Party Content and compliance with any Third Party Terms. Under no circumstances will VA+E be liable to you in any way for any Third Party Content, including but not limited to, any loss or damage incurred as a result of your access or use of Third Party Content.
 
  1. User Content. The Site may contain forums or features that enable you or other Site visitors to post or upload information, suggestions, reviews or comments (“User Content”), which are made publicly available and accessible on the Site. VA+E is not liable to you in any way for any User Content on the Site. If you provide any User Content, you represent and warrant that you own all rights or have all necessary licenses or authorizations to your User Content and that your User Content does not contain anything that is illegal, obscene, threatening, defamatory, harmful, or that infringe or misappropriate any third party's intellectual property rights. You agree to not provide User Content for purposes of political campaigning, commercial solicitation, scams, mass mailings or spam. VA+E does not regularly review User Content and is not responsible for monitoring or policing any User Content. VA+E may, but is not obligated to, remove any User Content.
 
Prohibited Use
Unless otherwise specified in writing by VA+E, the Site and Site Content is for your personal and non-commercial use only. You represent and warrant that you will not (and will not encourage, assist or enable others to):
  1. Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials in or through the Site.
  2. Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site.
  3. Use or attempt to use the Site in any manner that could damage, disable or interfere with the proper working the Site.
  4. Gain or attempt to gain unauthorized access to the Site including any servers, systems, networks or security related features through hacking, phishing, social engineering or any other means.
  5. Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content, without VA+E's prior written consent.
  6. Violate VA+E's or any third party's rights, including any breach of confidentiality, privacy, intellectual property or proprietary rights.
  7. Violate the terms of the Agreement or applicable laws.
 
Submissions
You may provide VA+E with any Submissions at your sole discretion and risk. “Submissions” means any solicited or unsolicited comments, questions, feedback, suggestions, ideas, proposals, business plans, applications or other materials that you post, submit, share or otherwise provide to VA+E. Submissions include your User Content. Unless otherwise agreed in writing by VA+E, you acknowledge that VA+E does not have an obligation to keep Submissions confidential and you agree to not provide VA+E with any Submissions that you consider to be confidential, proprietary or sensitive in nature. All information you provide in connection with any Submissions are subject to the Privacy Policy.
 
Unless otherwise agreed in writing by VA+E, you own all of your Submissions. You grant to VA+E a non-exclusive, perpetual, fully paid-up, royalty-free, transferrable, worldwide, non-terminable license, with the right to sublicense through any number of tiers, to make, use, sell, import, have made, have sold, have imported, copy, reproduce, translate, prepare derivative works of, distribute, display, perform and publicly perform, transmit through any means of communication (known or unknown) or otherwise generally utilize in any manner any Submissions, including any and all associated intellectual property or proprietary rights thereof.
 
Intellectual Property
VA+E or its licensors own all right, title and interest in and to the Site and Site Content (excluding Third Party Content and User Content), including all associated intellectual property rights. No ownership interest in any part of the Site is given to you. All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of VA+E, or VA+E's content suppliers and licensors, and are protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved.
 
Trademarks
"Vulcan"; "Vulcan Arts + Entertainment"; "VA+E"; "Seattle Art Fair"; "Upstream Music Fest + Summit"; Museum of Pop Culture"; "MoPOP"; "Flying Heritage & Combat Armor Museum"; "FHCAM"; "Cinerama"; "h Club"; and "Living Computers: Museum + Labs," including all logos and design marks used in connection therewith are trademarks of Vulcan Inc. and/or its affiliates. They may not be used in connection with any goods or services other than those offered by VA+E or its affiliates, nor in any manner that is likely to cause confusion or disparagement of Vulcan Inc., VA+E or its affiliates.
 
Disclaimer
THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VA+E DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VA+E DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VA+E, ITS AFFILIATES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT.
 
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VA+E NOR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF VA+E IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VA+E'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100).
 
Indemnification
You agree to indemnify, defend and hold harmless VA+E, its affiliates and their respective officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”), including all costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your use of the Site or Site Content, (ii) your violation of the Agreement, or (iii) infringement or misappropriation by you of any third party's intellectual property or proprietary rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. VA+E will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.
 
Notice of Copyright Infringement
You are solely responsible for obtaining permission from the copyright owner of any Site Content prior to your use, copy or reproduction and include the required attributions or proprietary notices. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site or in Site Content is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to artsandentertainment@vulcan.com.
 
Governing Law and Venue
This Agreement is governed by the internal laws of the State of Washington without regard to conflict of law provisions. For any claim related to the Agreement, you irrevocably submit to the personal and exclusive jurisdiction in and the exclusive venue of the state and federal courts having jurisdiction in King County, Washington. No action arising under or relating to the TOU may be brought by either party more than one year after the cause of action has accrued.
 
Termination
Unless otherwise agreed in writing by VA+E, the Agreement will remain in force and effect until it is terminated by VA+E. VA+E may terminate the Agreement or terminate, suspend, revoke or reinstate your access to the Site in whole or in part, without notice, for conduct or activity that VA+E determines, in its sole discretion, is a violation of the Agreement. All provisions that are intended to survive termination, including without limitation, Submissions, Intellectual Property, Trademarks, Disclaimers, Limitation of Liability and Indemnification.
 
Miscellaneous
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Agreement is found to be unenforceable or invalid, then only that provision will be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with VA+E's prior written consent. Any attempted assignment or transfer by you shall be null and void ab initio. The section headings in this TOU are for convenience only and have no legal or contractual effect.

Last updated: April 23, 2019
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