Access & Use
You represent and warrant that: (a) you are at least 16 years old or otherwise meet the legal age to consent in the jurisdiction you are located, (b) you have the full power, authority and capacity to enter into the Agreement, and (c) you agree to be bound by all terms and conditions in the Agreement. If you do not meet the age requirement or do not agree, your sole and exclusive remedy is to discontinue your use of the Site.
If you are a representative of a gallery, you may register your gallery using the member registration form on the Site and apply to be an exhibitor at the Seattle Art Fair by providing your gallery name, first and last name, email address, zip/postal code and password to create an account (“Member Account”). When you apply or register for a Member Account, you agree to receive communications from Vulcan related to your Member Account, including information on applications or submissions, participant information, and you also agree to receive relevant Opt-in Services from Vulcan. You represent and warrant that all information you provide in connection with your Member Account and any other applications you submit to Vulcan using your Member Account is truthful and accurate. You shall not permit anyone else to use your Member Account and in any event, you are solely responsible for maintaining the security of your password and for all activity that occurs on your Member Account. You may not transfer, assign, sell, sublicense or sublease your Member Account. Vulcan shall not be liable for any harm related to or resulting from any use of your Member Account. Vulcan reserves the right to refuse registration, deny access, suspend, terminate, revoke or reinstate your Member Account for any reason in its sole discretion.
If you purchase an SAF Ticket that provides for VIP benefits or access to VIP activities and events (“VIP Benefits”), you may view, schedule or access the VIP Benefits by providing your first and last name, physical mailing address and email address to register for an account (“VIP Account”). You may also apply for VIP status by creating a VIP Account and upon Vulcan’s approval, you may access certain VIP Benefits. By applying or registering for a VIP Account, you represent and warrant that all information you provide in connection with your VIP Account and any other information you submit to Vulcan using your VIP Account is truthful and accurate. You agree to receive communications from Vulcan related to your VIP Account, VIP Benefits and relevant Opt-in Services. You shall not permit anyone else to use your VIP Account and in any event, you are solely responsible for maintaining the security of your password and for all activity that occurs on your VIP Account. You may not transfer, assign, sell, sublicense or sublease your VIP Account. Vulcan shall not be liable for any harm related to or resulting from any use of your VIP Account. Vulcan reserves the right to refuse registration, deny access, suspend, terminate, revoke or reinstate your VIP Account for any reason in its sole discretion.
You acknowledge and agree that participation in any VIP Benefits or attendance to any activities or events hosted by third parties providing the VIP Benefits (“Third Party Events”) is at your sole risk. VIP Benefits are subject to availability and may be rescheduled, changed or updated as needed. Vulcan makes no guarantees on the availability or quality of any VIP Benefits and shall have no liability whatsoever for any harm, injury, damage or loss that you may occur while attending or participating at any Third Party Events, regardless if Vulcan helped plan or organize such Third Party Events.
Seattle Art Fair Youth Ticket Matching Program. Vulcan may run promotions for the Youth Ticket Matching Program (“Youth Program”) or similar promotions from time to time, in which Vulcan enters a commercial co-venture or charitable sales promotion arrangement with select non-profit or charitable organizations that focus on enriching and educating young people in the arts or other creative contexts. The purpose of the Youth Program is to promote the sale of qualifying youth tickets under the Youth Program (“SAF Matched Tickets”) during the promotion period established by Vulcan in order to directly benefit participating charities in the commercial co-venture by matching the total number of qualifying tickets sold under the Youth Program and distributing the tickets among the participating charities for redemption at the applicable year’s Seattle Art Fair. You must be a legal, Washington State resident to purchase SAF Matched Tickets for the Youth Program. Your purchase of any SAF Matched Tickets are non-refundable and not tax deductible. Vulcan has the sole discretion on the allocation of SAF Matched Tickets to the participating charities. You agree to be bound by any additional terms or conditions regarding the Youth Program that may be included on the Site or on the applicable SAF Promotions emails. Such additional terms are binding and made part of the Agreement.
The Site contains the content, materials, blog posts, images, photographs, written works, recorded works, or other audio or visual works (collectively, the “Site Content”). The Site and all Site Content are licensed, not sold. Subject to your compliance with the Agreement, Vulcan grants to you a non-exclusive, non-transferable, non-assignable, revocable license to access the Site and any associated Site Content via a web connection over the internet. Your access to and use of any Site Content is solely at your own risk. Vulcan 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.
- User Content. The Site may contain forums or features that enable you or other Site visitors to post or upload information or comments (“User Content”), which are made publicly available and accessible on the Site. Vulcan 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. Vulcan does not regularly review User Content and is not responsible for monitoring or policing any User Content. Vulcan may, but is not obligated to, remove any User Content at any time in its sole discretion.
Unless otherwise agreed in writing by Vulcan, 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):
- Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials in or through the Site;
- 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;
- Use or attempt to use the Site in any manner that could damage, disable or interfere with the proper working the Site;
- Modify, decompile, disassemble, reserve engineer or create derivative works based on the Site;
- 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;
- Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content, without Vulcan’s prior written consent;
- Violate Vulcan’s, its affiliates’, or any third party's rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or
- Violate the terms of the Agreement or any applicable laws.
Unless otherwise agreed in writing by Vulcan, you own all of your Submissions. You grant to Vulcan 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.
Vulcan or its licensors own and shall retain all right, title and interest in and to the Site and Site 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 Vulcan, or Vulcan’s content suppliers and licensors, and are protected by U.S. and international copyright laws. Vulcan reserves all rights not expressly granted herein.
The Site contains names, trademarks, service marks, design marks and logos of Vulcan’s sponsors, partners, participating galleries, artists, performers or supporters of the Seattle Art Fair, and others that have contributed to the Site Content (collectively, “Contributor Marks”). All Contributor Marks are owned by the respective contributing party as provided on the Site. “Vulcan” and “Vulcan Arts + Entertainment,” and “Seattle Art Fair,” and all other trade names, trademarks, logos and design marks of Vulcan and its affiliates (collectively, “Vulcan Marks”) are owned by Vulcan Inc. and/or its affiliates. Contributor Marks and Vulcan Marks may not be used in connection with any other goods or services or in any manner that is likely to cause confusion or disparagement to its owner. All use of Contributor Marks or Vulcan Marks on the Site shall inure to the benefit of the owner. Nothing in the Agreement shall be interpreted as granting any ownership rights or implied rights to any Contributor Marks or Vulcan Marks to you.
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, VULCAN 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, VULCAN 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. VULCAN, 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 VULCAN, ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (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 VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend and hold harmless Vulcan, its affiliates, partners, 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. Vulcan 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 info@SeattleArtFair.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 Agreement may be brought by either party more than one year after the cause of action has accrued.
Vulcan may terminate, suspend, revoke or reinstate your User Account and/or access to the Site in whole or in part, at any time without notice or liability to you. All provisions of these TOU that are intended to survive termination will survive, including without limitation, Submissions, Intellectual Property, Trademarks, Disclaimers, Limitation of Liability and Indemnification.
The Agreement represents the entire understanding and agreement between you and Vulcan, and supersedes any prior or contemporaneous communications on the subject matter. The failure of Vulcan to exercise any right in any respect 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 Vulcan’s prior written consent. Any attempted assignment or transfer by you shall be null and void ab initio. The section headings in these TOU are for convenience only and have no legal or contractual effect.
For any questions about these TOU, please contact Vulcan at info@SeattleArtFair.com.
Last updated: July 22, 2019