Effective Date: December 2013
Please Read Carefully Prior to Using This Website
Italian Street Painting Marin (“ISPM”) respects the privacy of visitors to its Websites and values the confidence of its partners, supporters, and employees.
Visitors to ISPM’s websites can generally visit without revealing any personally identifiable information. ISPM only collects personally identifiable data (including, but not necessarily limited to, your name, address, telephone number, and email address) when you voluntarily submit such information to ISPM through one of our websites.
Any personally identifiable data collected on this Website may be used and communicated by ISPM, or by a third party individual or company acting on behalf of ISPM, for processing, communications (such as e-mailing and other mailings) and other purposes consistent with this Privacy Notice. For example, ISPM and its agents and contractors may exchange information described in this Privacy Notice with each other or with you over the Internet or intranet systems for the purposes of carrying out the activities and services described above. Agents and contractors of ISPM who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the services they are performing for ISPM.
While ISPM makes every reasonable effort to protect the information collected through its websites, please be aware that there is always some risk involved when submitting data over the Internet. We cannot guarantee that our Website is 100% safe from illegal tampering or “hacking.” Any data transmitted over the Internet may be at risk; however, once it is received at ISPM and entered into the ISPM database, any data you have submitted has the same protection that ISPM extends to its own confidential information.
We may track the total number of visitors to our Website, the number of visitors to each page of our Website, the sequence or duration of visitors to each page, IP addresses, and the domain names of our users’ Internet Services Providers, and we may analyze these data for trends and statistics in the aggregate, but such information will be in aggregate form only and it will not contain personally identifiable data. Such aggregate information is not linked to any personally identifiable information that can identify any individual.
Kids Privacy Notice
Our Minors Policy is based on the Children’s Online Privacy Protection Act, which defines the term “child” to mean an individual under the age of 13. If you are under 13 years of age, you may not use this site or submit to ISPM information about yourself, including, but not necessarily limited to, your name, address, telephone number or e-mail address without the written permission of your parent or guardian. We suggest that you have your parent register if you are interested in viewing this Website. Only the parent/guardian of a child may submit content and/or photos related to their child. If we discover that any personally identifiable information from a child under the age of 13 has been submitted by someone other than a parent or guardian, we will remove that information from our database as soon as possible.
Visitors between the ages of 13 and 18 must obtain permission from their parent or guardian before registering on this Website, sending any personally identifiable information, participating in online discussions, or submitting content to this Website.
Unless otherwise specified, you must be at least 18 years of age to participate in any online promotion or contest.
ISPM may restrict the ability of any visitor to submit content or to access any part of the Website at ISPM’s sole discretion.
For your reference, the Children’s Online Privacy Protection Act can be found at: http://www.ftc.gov/ogc/coppa1.htm.
Opt Out/Updating Your Information
If at any time you wish to stop receiving emails or other communications from us, or if you have submitted personally identifiable information through this Website and would like to have that information deleted from our records, please notify us by email
You may also request access to your personal information held by ISPM and you may request that we correct or amend your personal data by contacting us by email. As a reminder to you, when exchanging emails, any email that you send or receive on your employer’s email system may be the property of your employer. Consequently, your employer may have the ability to review your personal information sent via email.
Links to Third Party Sites
As a convenience to our visitors, our sites may contain links to other (non-ISPM) sites that we believe may offer useful information. Such links do not constitute an endorsement by ISPM of those other websites, the content displayed therein, or the persons or entities associated therewith. The Privacy Notice presented here does not apply to those sites. You should contact those sites directly for information on their privacy policies, confidentiality agreements, and data collection/distribution procedures.
Our website uses a technology called "non-persistent cookies," which is a small data file that a server gives to your browser when you access a website in order to let you access the pages you request and to track the pages visited. Using non-persistent cookies to track page visits helps us analyze our site usage more accurately. In cases in which non-persistent cookies are used, we will not collect your personally identifiable information except with your explicit permission.
If a portion of this Website requires a password, you are giving us explicit permission to use a "persistent cookie," which is a small data file that is generated when, as a registered user of this Website, you enter your assigned user ID and password and access the site. This file is stored on your computer, and enables your browser to access each page that is in the password-protected area.
How to contact us:
If you have any questions, comments or concerns about how your personal information is handled on this Website, you may contact the operator of this Website at the address below, by fax at 415.884.0562, or by email.
Italian Street Painting Marin
P.O. Box 351
Mill Valley, CA 94942
Effective Date: January 5, 2014
Please Read Carefully Prior To Using This Website
Use of this Website (this “Website”) maintained by Italian Street Painting Marin (“ISPM”) is governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you agree to abide by these terms and conditions. If you do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.
Intellectual Property Rights
ALL ARTWORK APPEARING ON RAREARTIST.ORG REMAINS THE INTELLECTUAL PROPERTY OF THE ORIGINAL ARTIST. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Website may contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), which are owned by ISPM, its licensors, affiliates, partners or designated owners. The Intellectual Property is protected by law such as the laws governing copyrights and trademarks. All rights in the Intellectual Property are reserved to ISPM or its licensors, affiliates or partners. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. All other content, text, images, data, information and other material displayed, available or present on this Website (“Content”) are the property of ISPM, its affiliates, its licensors or the designated owners. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of ISPM or the artist(s), except as provided in these terms and conditions.
- Authorized and Prohibited Uses:
You may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these terms and conditions and applicable laws. You agree not to infringe upon any intellectual property rights or remove or modify related proprietary notices contained in this Website or the Content.
- User Content:
Except as provided in ISPM’s Privacy Notice (as defined below) for this Website, any Content that you submit to this Website or to ISPM (“User Content”) will be deemed to be non-confidential and nonproprietary and may be disclosed through this Website to unknown persons on a worldwide basis without control by ISPM, including for browsing, downloading, printing and other uses by such other persons or entities. You are responsible for making sure that you have the right to submit Content to this Website or to ISPM and that ISPM has the right to post the Content you submit. ISPM shall have an unrestricted license (including the right to sublicense) to translate, reproduce, publish, distribute, modify, display, link to or use, in any form or media, any Content you submit to this Website or to ISPM. ISPM does not endorse any User (or third party user) Content, product or service that may appear on this Website. Nothing in these terms and conditions shall obligate ISPM to use any User Content, or to include or post such Content on this Website.
- Digital Millennium Copyright Act Compliance:
ISPM respects the rights of all copyright holders and in this regard, ISPM has adopted and implemented a policy that provides for the termination of a user’s privileges in appropriate circumstances who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ISPM with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the Content 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 the information reasonably sufficient to permit ISPM to locate the Content;
- Information reasonably sufficient to permit ISPM to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, please contact ISPM at: P.O. Box 351 Mill Valley, CA; via Fax at 415-884-0562; or via email
Website and Registration Administration:
You may provide a link to the top page of this Website unless and until ISPM gives notice that you must discontinue linking to this Website.
- Authority of Website Administrator:
ISPM may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. ISPM may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
- Good Samaritan Policy:
It is ISPM’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. ISPM will, in good faith, use commercially reasonable efforts to remove, disable, or restrict access to the availability of Content on the Website that, in ISPM’s subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon ISPM any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website. If you believe that someone has violated this policy, we ask you to promptly notify us by email
- Import/Export Control:
You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
User Requirements and Obligations
You agree to comply with all applicable laws in connection with your use of this Website.
- Unsuitable Content and Conduct:
You agree not to engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You further agree not to cause damage, embarrassment or adverse publicity to ISPM.
- Functional Compatibility and System Abuse:
You will submit only Content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of ISPM with a virus, worm, Trojan Horse or other malicious computer program. You will only use this Website for the permitted purposes stated in these terms and conditions, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so called “mailbombs” (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited e-mailing for business or other purposes) or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ISPM reserves the right to release your details to law enforcement authorities in order to assist them in resolving security incidents.
- User Cooperation and Notification:
You agree to cooperate with all reasonable requests of ISPM and will notify ISPM promptly upon learning of your actual or suspected breach of these terms and conditions or unauthorized use or abuse of this Website.
- Third Party Sites and Other Information:
This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom ISPM has no control or responsibility. ISPM has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of ISPM, and you acknowledge that (whether or not such sites are affiliated in any way with ISPM) ISPM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ISPM or any association with its operators. Moreover, ISPM has no obligation to verify any Content submitted by a user or to provide any registration or other information to you concerning any Content.
- Warranty Disclaimers, Limitations on Liability and Remedies:
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ISPM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. ISPM MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE OR (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ISPM WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ISPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ISPM WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF ISPM WILL BE LIMITED TO, IN THE SOLE DISCRETION OF ISPM, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED FROM YOU BY ISPM.
You agree to defend, indemnify and hold harmless ISPM and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
- Interactive Areas:
You may be permitted to access and use chat rooms, bulletin boards, mail lists, customized artist/art pages, and other forms of group electronic communications through the Site (“Interactive Areas”). If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without ISPM’s express permission; (5) constitute charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan Horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You also expressly agree that you will not: (a) after receiving warning, continue to post material that ISPM has advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with the use and enjoyment of the Site by another Site user. ISPM may not, and is not responsible for, screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified of any material that is alleged not to conform to these terms and conditions, ISPM may investigate the allegation and determine in its sole discretion to remove or request the removal of the material. ISPM reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. ISPM reserves the right to edit or delete any material posted on its Site, regardless of whether such material violates these standards for content. ISPM has no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above. ISPM further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. ISPM also does not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK. You hereby grant to ISPM a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas or Website by all means and in any media now known or hereafter developed for any use or purpose.
- Separate Terms and Conditions:
In connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these terms and conditions set forth herein, which you should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
- Privacy Notice:
ISPM is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy notice at PRIVACY NOTICE (the “Privacy Notice”). The Privacy Notice is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions.
- Dispute Resolution; Applicable Law and Forum:
With respect to any and all disputes arising out of or in connection with this Website or these terms and conditions (including without limitation the Privacy Notice), ISPM and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. ISPM has no obligation to become involved in any dispute between a user and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. ISPM and you agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in San Francisco, California or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that ISPM is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision.
- Modification of Terms and Conditions, Etc.:
These terms and conditions and the Privacy Notice referenced above constitute the complete agreement between you and ISPM with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. ISPM will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these terms and conditions occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to ISPM’ notice of modification of these terms and conditions shall constitute your acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. Your obligations pursuant to these terms and conditions shall survive termination of this Website, any use by you of this Website, any User Content on this Website, or these terms and conditions.
- Medical Disclaimers:
The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. ISPM does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained by you at or through the Site is solely at your own risk.
- Children (any individual under the age of 13) Must Have Permission of Guardian to become a User:
We do not collect personally identifiable information from any person we actually know is a child without the permission of the parent or guardian of the child.
- Foreign Access or Use:
ISPM makes no claim that the site is appropriate for access or use outside the U.S. Your access and/or use of the site outside the U.S. are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
- Contact Information: