Terms of Use
The services provided to you by the City of Dallas (also referred to here as “we”, “us”, “our”, and “City”) through this website are subject to the following Terms of Use (“TOU”). If you visit or use any of the services provided on this website, you accept these conditions, and further indicate that you have read and understood our Privacy Policy. We reserve the right to update the TOU and Privacy Policy at any time without notice to you by posting an update to the website.
Description of Services
Through this website, we provide you with access to a variety of resources, including a searchable database of artists (collectively “Services”). The Services, including any updates, enhancements, new features, and the addition of any new web properties, are subject to the TOU.
Use Limitation
Unless otherwise specified, the Services are for your personal use or use specific to an entity which you represent or with which you are affiliated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Disclosure of Identifying Information
Personal information entered on this form is subject to Texas Public Information Act, and may be subject to disclosure to a third-party requestor. At the City of Dallas, we are committed to protecting your privacy and will ensure that any disclosures are done according to law. To learn more about how this information is managed please see our Privacy Statement.
Electronic Communications
When you visit this website, or when you send e-mails to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notice Specific to Documents Available on this Website
Elements of this website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by us. We, and any of the partners, affiliates and/or users of this service make no representations about the suitability or accuracy of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. We, and any of the partners, affiliates and/or users of this service hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, (whether express, implied or statutory), fitness for a particular purpose, title and non-infringement. In no event shall we, our respective partners or our affiliates be liable for any damages whatsoever resulting from the use or loss or use of any documents, information, or tools published or made available on the website, whether in an action of contract, negligence, or other tortious action.
Membership, Password, and Security
As an artist listed in the directory, you must have an account to use the Services in order to enter and edit your information yourself. To set up an account, you must complete the registration process by providing a functional email address and creating a password and a user name. You are entirely responsible for maintaining the confidentiality of your user name and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You may not use anyone else’s account at any time, without the express permission of both the account holder and us. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or any network connected to any of our servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Materials Provided to Us or Associated Websites
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit any Service for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting us permission to use your Submission in connection with the operation of the directory, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described by this TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services; (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
Disclaimer of Warranties and Limitation of Liability
This website and all information, content, materials, products (including software) and services included on or otherwise made available to you through this website or any related website are provided by us as on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this or any other related website or the information, content, materials, products (including software) or services included on or otherwise made available to you through this or any other related website, unless otherwise specified in writing. You expressly agree that your use of this or any other related website is at your sole risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this or any other related website, information, content, materials, products (including software) or services included on or otherwise made available to you through this or any other related website, their servers, or electronic communications sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this or any other related website or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this or any other related website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Neither the City, nor any department, officer, or employee of the City warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his/her own risk.
Applicable Law
By visiting this website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and us.
Disputes
Any dispute relating in any way to the listing or use of any available rental space through this website shall be between you and the third party.
Any other dispute relating to your use of this website shall be adjudicated in any state or federal court in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such courts.
Termination
These TOU shall remain effective until terminated. We reserve the right to immediately terminate these TOU, and your access to and use of this website, at any time and for any reason, with or without cause. Upon termination of these TOU, your right to use this website shall immediately cease, and you shall destroy all materials obtained from the website and all copies thereof, whether made under these TOU or otherwise. You agree that any termination of your access to or use of the website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to this website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Suspected Violation of these TOU or Law; Injunctive, Equitable Relief, and Liquidated Damages
Violations of these TOU, including unauthorized use of the website, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in our sole discretion, and without prior notice, we may terminate and block your access to this website, or exercise any other remedy available, if we believe that your conduct or the conduct of any person with whom we believe you act in concert violates or is inconsistent with these TOU or the law, or violates our rights, or the rights of another user of the website.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this website at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to the entire website without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
Indemnification
You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these TOU; (b) and your activities in connection with the website.
