Please note that the Website, or certain features that may be available through the Website, are hosted and operated by third parties. Your use of such features is subject to terms and policies made available by that provider at the time you use that feature. Please review those terms carefully. BFAA is not responsible for the acts or omissions of any third party.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED BELOW.
You agree that you will not, directly or indirectly: (i) "harvest" (or collect) information from this Website using an automated software tool or manually on a mass basis; (ii) use automated means to access this Website (except in the operation of a general purpose search engine accessible to the public without the payment of any fee); (iii) gain unauthorized access to this Website or to any account or computer system connected to this Website; (iv) download, store or transmit copies of streamed content from this Website; (v) attempt to obtain access to areas of this Website or our systems that are not intended for access by you; (vi) intentionally overburden, disrupt or harm this Website or its systems; (vii) circumvent the security of this Website or our systems; (viii) misrepresent or attempt to misrepresent your identity while using this Website, or (ix) restrict or inhibit others from lawfully using and enjoying this Website.
You agree that you will not post or otherwise make available any content or materials on or through this Website that: (i) infringes any third party intellectual property right; (ii) is false, misleading or defamatory; (iii) constitutes another person's or entity's confidential or private information or trade secret; (iv) is fraudulent, unlawful, threatening, harassing, abusive, hateful, intimidating, degrading, profane, obscene, indecent, or discriminatory; (v) encourages or constitutes criminal conduct; (vi) advertises or solicits business for products or services; or (vii) contains any virus, malware, spyware or other harmful or invasive content or code.
This Website may contain a Public Online Teacher Directory with independent contract teachers working in partnership with BFAA, faculty, and students who offer private lessons. You agree that you will not contact individuals listed in the Public Online Teacher Directory except for the bona fide retention of such individuals for private lessons.
If you are an employee of BFAA, you hereby acknowledge that all employee policies that are applicable to the use of computer resources and the internet shall apply to your use of BrookFineArts (the academy's intranet), and you are bound by such policies at all times.
You also agree to comply with all applicable laws when you use this Website.
If you submit or post any content or materials to this Website, such content and material will be deemed to be non-confidential, and you grant us a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such content and materials, including alterations thereof, for any purpose, in any form, in any media, and via any technology, whether it exists now or is created in the future. You hereby grant us the right to use your name and other information about you that you have provided in connection with such content and material. You represent that any materials and content posted or otherwise submitted by you to this Website are original to you and that you have the right to grant us these rights.
The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on this Website or on content or materials available on or through this Website are the registered and unregistered Trademarks of BFAA, its affiliates, or third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in a manner that is likely to cause customer confusion. All Trademarks not owned by us that appear on this Website or on or through any of this Website's services, if any, are the property of their respective owners. Nothing about this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark.If you have questions about the legal use of the Trademarks owned by BFAA, please contact us at.
We do not control the content or material that you or others may post or otherwise make available on or through this Website, and you understand that we have no obligation to monitor any such content or material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
To access certain features or areas that may be available on this Website, including areas reserved for BFAA's students, employees, parent(s) and/or legal guardian(s) of students, customers, or users of BFAA's digital products, you may be required to provide personal and/or demographic information as part of registration or log-in process. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information; provided, however, if you are an applicant under the age of 13, such application information may only be provided by your parent or legal guardian. You may provide application information via this Website on behalf of a minor, so long as you are such minor’s parent or legal guardian, and you agree that the application information you provide is true, accurate, current and complete.
You may need to establish different accounts to access different areas of the BFAA Websites. You are responsible for all activity occurring when a Website is accessed through any of your accounts, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password and log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Timothy Andrew Prescott, Brook Fine Arts Academy, 8138 S. Harvard Ave. Tulsa, OK, 74137, phone: (918) 491-6011, or by email to email@example.com. Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed upon;
(2) a description of the location of the allegedly infringing material on this Website (including the page URL);
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of this Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance. In addition, to the extent we rely on third parties to distribute any Websites which are mobile applications, we have no way of assuring that such third party will continue to distribute such mobile application, or allow BFAA to continue to update, maintain and enhance such mobile application.
You are permitted to link to this Website if: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this Website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Website; (iii) this Website is not display framed within or obfuscated by other content; and (iv) the link is for a non-commercial purpose. Except as expressly set forth herein, you may not use on your website any Trademarks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.
We control and operate this Website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
You agree that use of this Website is at your own risk. We reserve the right to change or make corrections to any of the information at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our customer service and support agents, and otherwise on this Website or in correspondence with us or our agents. We are not responsible for any content or materials posted to this Website by users, or for disputes between users, or between users and third parties.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS OR ANY OTHER WEBSITE (AS DEFINED HEREIN) (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED ON OR THROUGH SUCH WEBSITES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF A WEBSITE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR REPRESENTATIVES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We make certain products available through the BFAA Store and other BFAA Websites. If you order any such products from us, you agree to pay in full for any purchases you make online as well as all applicable taxes. If we do not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due and owed to us.
To the extent we have provided you with a discount code for tickets to a BFAA event or you are a student or parent and/or guardian of student and have access to a discount to tickets to a BFAA event which may be redeemed on the Site, you agree that you will not give your discount code or student or alumni information to another party for the purpose of their receiving such discount.