1. Who We Are.
The Delaware Division of the Arts (DDOA), a branch of the Delaware Department of State, is dedicated to promoting and developing the arts throughout the state. Together with its advisory body, the Delaware State Arts Council (DSAC), the Division administers grants and programs that support arts programming, educate the public, increase awareness of the arts, and integrate the arts into all facets of Delaware life.
The Division of the Arts was created by the Delaware General Assembly in 1989. Its enabling legislation can be found in the Delaware Code, Title 29, Chapter 87, Section 26.
The terms "we" and "us" as used herein refer to Delaware Artist Roster. The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.
The posting of the changes or new terms on this website;
The distribution via electronic mail of the changes or new terms; or
The distribution by conventional mail of the changes or new terms.
You agree to the following restrictions:
You will not send email or other communication to the artist/groups represented on our website that is defamatory, obscene, threatening, abusive or hateful.
You will not access data not intended to be accessed by Users of the site or attempt to probe, scan or test the vulnerability of our site or attempt to interfere with any service available on our site, take other actions which impose an unreasonable or disproportionate load on our site, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from our site, forge any email address, newsgroup or name in connection with this site and/or use a password, name or identification which is not your own in accessing our site.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website.
6. Copyright Information.
You understand and recognize that:
The material on this Website is protected by copyright law. Copyrights in the Artist Materials are owned by the Artists and the other content of the Website including the copyrights relating to providing a collection of the Artist Materials are owned by us. You agree you will not copy any of the graphics, images, artwork, text, video or audio on this website without the express written permission of the owner of the copyrights in that material.
7. Hiring Artists or Buying Artwork.
You agree that if you desire to purchase any art or services from any Artist you will be dealing directly with that Artist and you do understand and agree that we are in no way responsible for whether the Artist fulfills the responsibilities of the Artist under any agreement with you and/or whether you are happy with the Artist's art and/or services.
8. Objectionable Content.
The material on this Website is submitted by Artists. You may find some of the material objectionable to you or not suitable for children. Children under eighteen (18) should not view the material without the consent and supervision of their parents.
9. Non-U.S. Residents.
We make no representation whatsoever as to the appropriateness of the materials on this Website for non-U.S. Users. Visitors are responsible for compliance with their applicable local laws.
We reserve the right to cancel your right to use this website at any time without notice or cause.
11. No Support for Software.
We offer some files in common Adobe Acrobat, .mov, .mp3 file format, and may offer other files in other common formats. We do not offer technical support for any third party software including, but not limited to, Adobe Reader, Windows Media Player, Microsoft Windows Explore Browser, etc.
12. Disclaimer of Warranties.
THE MATERIAL ON THIS WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE OR ANY OF OUR EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SITE AND YOU HEREBY RELEASE US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
You acknowledge that we have not reviewed the content of all sites linked to or from our website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
You agree to indemnify us and hold us, and our employees, subcontractors and suppliers, (we and all indemnified parties being referred to herein as the "Indemnified Parties") harmless from any and all losses, including, but not limited to, attorney's fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Agreement. You further agree to indemnify and hold each of the Indemnified Parties harmless from any and all losses, including, but not limited to, attorney fees, that any one or more of the Indemnified Parties may incur as a result of any claims by you against any one or more of the Indemnified Parties even if such claim is based on the negligence of any one or more of the Indemnified Parties.
16. Reporting Violations.
If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately.
The terms of this agreement will be governed and construed in accordance with the laws of the State of Delaware and the United States applicable to contracts to be wholly performed in Delaware. ANY ACTION BASED ON OR ALLEGING A BREACH OF THIS AGREEMENT OR OTHERWISE RELATING TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A STATE OR FEDERAL COURT LOCATED IN NEW CASTLE COUNTY, DELAWARE. IN ANY SUCH ACTION, IF WE PREVAIL, WE SHALL BE ENTITLED TO ALSO RECOVER OUR LEGAL FEES AND COSTS.