1. Usage Agreement: By accessing and using the TIPS On Art ("TOA") website you agree to be bound by the following terms of usage, including but not limited to TOA's disclaimer of all warranties, including implied warranties of merchantability and fitness for a particular purpose. If you do not agree to the terms of usage herein, you do not have permission to use TOA's website or any of the content, services, images, graphics, products or representations available on or accessible therein. Violation of any of the terms of this Agreement may result in TOA's termination of your use of the site, bar you from future use of this site, and/or take the appropriate legal action against you.
2. Copyright and Trademark; Notice & Info.: All original contents of TOA's website, including but not limited to words, images and sounds, are: © 2003 TIPS On Art. All rights reserved. You may not reproduce, copy, download or distribute any content of this site without first obtaining TOA's express written authorization unless otherwise authorized by law. Violations of TOA's copyrights may result in civil and criminal penalties under the U.S. Copyright Act, Title 17 U.S.C.A.
Trademarks appearing on TOA's website, including but not limited to TOA's trademarks TIPS ON ART and WE ARE BETTER TOGETHER, are the property of their respective owners and may not be reproduced without their owners' express permission. The design and layout of TOA's website is protected as trade dress and may not be copied or imitated in whole or in part. Violations of TOA's trademark and trade dress rights may result in civil and criminal penalties under the Lanham Trademark Act, Title 15 U.S.C.A.
3. Authorized uses of website materials: TOA's website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from TOA's website unless otherwise authorization by law.
4. Warranty Disclaimer: TOA makes no representation as to the accuracy or suitability of any information, representation, image, graphic, content, product or service contained on or accessible through this website. All information, representations, images, graphics, content, products and services are provided "as is" and without any warranty of any kind.
WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCTS AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE, TIPS ON ART AND ANY AND ALL OF ITS OFFICERS, AGENTS, EMPLOYEES AND ASSIGNS, DO HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of liability: YOU AGREE THAT BY YOUR USE OF THIS WEBSITE THAT TOA IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE; TOA IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED TOA OF THE POSSIBILITY OF SUCH DAMAGES.
6. Disclaimer of errors and omissions: While every effort is made to ensure accuracy, this website may include technical inaccuracies or typographical errors. TOA does not warrant the accuracy of any of the information, content, services, images, graphics, products or representations appearing on this website.
7. Disclaimer regarding material posted on "linked" sites: There are links on TOA's website which allow you to leave this website and to visit other websites which are not under TOA's control or direction. TOA is not liable or responsible for the content, services, images, graphics, products or representations of any linked website. TOA cannot and does not guarantee, represent or warrant that the content contained on those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses or will not otherwise adversely affect your computer. TOA provides links to these other websites solely as a convenience to you. TOA's inclusion of any link does not imply TOA's sponsorship, endorsement, affiliation, or approval of the linked website.
8. Indemnification: As a condition of your use of the TOA website, you warrant that you will not use this site for unlawful purposes or in ways which are prohibited by these terms of usage or which could damage or disable this or any other website or interfere with any other party's use and enjoyment of this site. You agree to indemnify and hold TOA and its officers, agents, assigns and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TOA's site.
9. Right of modification: TOA reserves the right to make changes at any time, with or without notice, to this Agreement and to this website and to the information, representations, images, graphics, content, products and services contained on or accessible through this website. These changes are effective immediately upon posting on the TOA website. You must check this website and page periodically to become aware of any changes.
10. Last update to site: This site was last updated on November 21, 2003.
11. Jurisdiction & Venue: TOA controls and operates this site from its offices in Austin, Texas. Any dispute regarding this Agreement or the content, services, images, graphics, products or representations provided on or through this website is to be governed by the law of the State of Texas. In the event of a dispute arising out of or relating to this Agreement or to the content, services, images, graphics, products or representations provided on or through this website, suit may only be brought in state or federal court in Austin, Texas.
12. Severability of provisions: The terms and provisions of this Agreement are severable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. If any term of this Agreement is invalid or unenforceable, (1) a suitable and equitable term shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable term and (2) the remainder of this Agreement and the application of such term to other persons, entities or circumstances shall not be affected by such invalidity or unenforceability of such provision, or the application thereof, in any other jurisdiction. A printed version of this Agreement shall be admissible in any proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. TOA fully complies with the U.S. Rehabilitation Act making this website accessible to disabled persons pursuant to the Act.
To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at other points where personally identifiable information may be requested.
The Information We Collect: This notice applies to all information collected or submitted on the TOA website. On some pages you can make requests, send e-mail and register to receive materials. The types of personal information that may be requested at these pages are: Name, Address, E-mail address, Telephone number At a point in the future, you may be able to conduct other business online. When these activities become functional, we will also collect credit and debit card information. On some pages, you will be able to submit information about other people. For example, if you order a gift membership for a third party and want it sent directly to the recipient, you will need to submit the recipient's address. In such cases, you will be asked to submit name, address and phone number.
The Way We Use Information: TOA uses non-identifying and aggregate information to better design our website and tailor programs and services to meet the needs of our visitors. We will not disclose any information that could be used to identify those individuals. Please note that we may occasionally make the information that we collect available to sister cultural organizations and may use our lists for membership and other solicitations and informational mailings. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please send an email to:
Or write and telephone:
TIPS On Art
6019 Abilene Trail
Austin, Texas 78749