Terms and Conditions 


TRADEMARKS AND COPYRIGHTS

"The Foundation for Hospital Art and Heart Logo," the "Heart and Brushstoke Logo," and "Paintfest" are trademarks of Foundation for Hospital Art, Inc. ("FFHA"). All other featured brands, marks, and logos are the property of their respective owners.

The works of authorship and art contained in this World Wide Web site in the domain "www.hospitalart.org" (the "FFHA Site"), including but not limited to all design, text, artwork, and images, are owned by FFHA, except as otherwise expressly stated, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner, nor may any derivative works be created therefrom, without the prior written consent of FFHA, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer's memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing the FFHA Legal Statement.

Unless you have an express license from FFHA, you may not provide a hypertext link to the FFHA Site on another Web site. If you have an express license from FFHA, you may provide a hypertext link to the FFHA Site on another Web site, provided that (a) the link must be a text-only link clearly marked "FFHA," (b) the link must "point" to the URL "http://www.hospitalart.org" and not to other pages within the FFHA Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FFHA's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by FFHA, (e) the link, when activated by a user, must display the FFHA Site full-screen and not within a "frame" on the linked Web site, and (f) FFHA reserves the right to revoke its consent and license to the link at any time in its sole discretion.

DISCLAIMER

ALL INFORMATION AND MATERIAL CONTAINED HEREIN IS OBTAINED FROM SOURCES BELIEVED BY FFHA TO BE ACCURATE AND RELIABLE. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, FFHA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, WITH ALL INFORMATION BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FFHA MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO USER AND/OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFHA HAS NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY), TO USER AND/OR ANY THIRD PARTY. FFHA SHALL UNDER NO CIRCUMSTANCE BE LIABLE TO USER, AND/OR ANY THIRD PARTY, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF FFHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE THIRD PARTY SITES LINKED FROM THE FFHA SITE ARE NOT UNDER THE CONTROL OF FFHA, AND FFHA DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY COMMUNICATIONS OR MATERIALS AVAILABLE AT SUCH LINKED SITES. FFHA does not intend links on the FFHA Site to be referrals or endorsements of the linked entities and are provided for convenience only.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. If any portion of this Disclaimer is found to be invalid or unenforceable, the validity or enforceability of the remaining portions will remain in effect.

The terms of this Disclaimer are governed by the laws of the State of Georgia and may be amended only in a writing signed by FFHA.

PRIVACY STATEMENT

The FFHA Site receives names, e-mail addresses or other personal information only when personally submitted by users optionally ordering a particular product or service and/or requesting to receive mailings from FFHA. This information is not gathered by FFHA without users' knowing, active permission and participation. The information submitted enables FFHA to respond to user inquiries and obtain a measure of users' needs, interests and ideas for future web site development. FFHA respects the privacy of users visiting the FFHA Site and does not sell, share or rent any personally identifiable information with any unaffiliated third parties. FFHA safeguards in a commercially reasonable manner all personal information furnished by you. Users who no longer wish to receive newsletters or other mailings from FFHA may opt out of receiving these communications by contacting FFHA at info@hospitalart.org.

This privacy statement applies solely to information collected by this Web site. This web site contains links to other sites. Please be aware that FFHA is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information.

SHIPPING AND DELIVERY POLICY

Once an order is placed online, the Foundation for Hospital Art will make every attempt to process the order within five (5) business days. The order will then be shipped to the donor via the shipping method selected by the donor. If you need to request a faster turn-around time, we will try to accommodate your needs, simply contact the Foundation for Hospital Art at 678.324.1705 between the hours of 9am and 5pm Eastern Standard Time or via e-mail to info@hospitalart.org.

NOTIFICATION OF CHANGES

If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

APPLICABLE LAW

This site is created and controlled by Foundation for Hospital Art, Inc. in the State of Georgia, USA. As such, the laws of the State of Georgia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. FFHA reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

By accessing and using www.hospitalart.org you agree to all of the foregoing and agree to abide by the terms of this Legal Statement.

Contact Address:
Foundation for Hospital Art, Inc.
4238 Highborne Drive
Marietta, GA 30066
678.324.1705
www.hospitalart.org