BYO and Public Event Cancellation/Refund/Studio Credit Policy: No cash refunds/Studio credit only. A Studio Credit will be given for individuals cancelling with at least 48 Hours or more notice only.

Five and Ten Week Art Sessions Cancellation/Refund/Studio Credit Policy: Students who withdraw 8 days (or more) prior to the start date of the first class receive a full Studio Credit. Students who withdraw 7 days (or less) prior to the start date of the first class DO NOT receive a refund of any kind. No refunds will be given after classes begin.
CANCELLATIONS: All classes not meeting their minimum requirement one week prior to class start date may be cancelled. In the event of class cancellation by Art in the Pod, you will be notified by e-mail or by phone and receive a full refund of tuition and fees.

Art In The Pod Terms of Use Agreement

The Art In The Pod and its respective successors and assigns (“Art In The Pod,” “we,” “us” or “our”) welcome you. Art In The Pod maintains numerous websites (collectively, the “Art In The Pod Sites”) in furtherance of its mission of promoting art in the Philadelphia region. This Terms of Use Agreement (the “Terms”) governs your use of the Art In The Pod Sites, including the web content, products, technology and services provided by Art In The Pod and available on the Art In The Pod Sites (collectively, the “Art In The Pod Services”). Please carefully read these Terms before accessing the Art In The Pod Services as they govern use of the Art In The Pod Services by all persons and entities, including you (each a “User”), and constitutes an agreement between you and Art In The Pod. By accessing the Art In The Pod Services, you signify that you have read the Terms and agree to be bound by them and the Art In The Pod Privacy Policy, which is incorporated herein and available at www.uwishunu.com/privacy, as well as any applicable laws and regulations. We may update these Terms from time to time. Each time you use any of the Art In The Pod Services, the current version of the Terms will apply. Accordingly, when you use the Art In The Pod Services, you should check the date of the Terms (which appears at the top of this page) and review any changes. If you do not agree with the Terms, you may not access or otherwise use the Art In The Pod Services. Where applicable under law, these Terms constitute a writing signed by you.

Art In The Pod reserves the right to take any legal or technical remedies to prevent the violation of the Terms and to protect the Art In The Pod Services, Users, and the rights and property of Art In The Pod and its affiliates.

1. Intellectual Property

We respect the intellectual property rights of others and we ask that you do the same. Except for any third party content used as part of the Art In The Pod Sites, the data and materials on the Art In The Pod Sites, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Art In The Pod Sites (collectively, “Art In The Pod Content”) are the intellectual property of Art In The Pod. Art In The Pod Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights not expressly granted in and to Art In The Pod Content. Except as provided in these Terms, Art In The Pod Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Art In The Pod. If you violate these Terms, your permission to use the Art In The Pod Services automatically terminates and you must immediately destroy any copies you have made of the Art In The Pod Content.

2. Limited License to Use Art In The Pod Content

Copyrighted Material. Art In The Pod Content, including but not limited to copyrighted material such as text, photos and videos, may not be reproduced, copied or redistributed without the express written authorization of Art In The Pod. Art In The Pod reserves all rights to take vigorous legal action in the event of any unauthorized use of the Art In The Pod Content.

Without limiting the generality of the foregoing and subject to the conditions set forth herein, Art In The Pod hereby grants Users a non-exclusive, non-transferable limited right to use Art In The Pod Content for newsworthy, editorial and personal uses only (the “Art In The Pod Limited License”), provided that such use adheres to the following guidelines:

• All copyrighted material must include a clearly visible copyright notice;
• The copyright notice must be followed with a link to the source of the copyrighted material on the Art In The Pod Sites; and
• Use of text obtained from the Art In The Pod Services is limited to a maximum of 250 words.

In no event does the Art In The Pod Limited License authorize the use of Art In The Pod Content in connection with advertising or promotions, or in items or products offered for sale. Permission to reproduce, copy and redistribute copyrighted material does not extend to any third party materials that appear on the Art In The Pod Sites. Any use of Art In The Pod Content that does not comply with the Art In The Pod Limited License and has not otherwise been authorized by Art In The Pod may result in legal action by Art In The Pod.

Trademarks. Art In The Pod owns certain registered and common law trademarks and displays these trademarks on the Art In The Pod Sites. Use of any Art In The Pod trademarks without express written authorization of Art In The Pod is prohibited.

If you have questions about whether your intended use of Art In The Pod Content is consistent with these Terms or wish to request permission to use any Art In The Pod Content in a manner otherwise prohibited under these Terms, please contact: This email address is being protected from spambots. You need JavaScript enabled to view it..

3. User Submitted Content

You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submitted Content”) that you submit, upload, publish, post or display on or through the Art In The Pod Services. You may not post, transmit or share User Submitted Content on the Art In The Pod Services that you did not create or that you do not have permission to post. While Art In The Pod has the right to monitor activity and content associated with the Art In The Pod Services, and may choose to pre-prescreen User Submitted Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that Art In The Pod may use certain automated filters and other tools to block spam and to categorize and arrange User Submitted Content on the Art In The Pod Services. We may, but will have no obligation to, remove or limit access to User Submitted Content originating from any User we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does Art In The Pod have any obligation to verify the accuracy, timeliness or truthfulness of any User Submitted Content, nor to monitor any User on the Art In The Pod Sites. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submitted Content that you post or store on the Art In The Pod Services.

The Art In The Pod Services may include various forums, blogs and bulletin boards where you can post your observations and comments on designated topics. Art In The Pod does not guarantee that other Users will not use ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Art In The Pod Services. Art In The Pod and Art In The Pod affiliates are not responsible for Users misuse or misappropriation of any content or information that you post anywhere on the Art In The Pod Services.

You understand and agree that in using the Art In The Pod Services, you may be exposed to User Submitted Content that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will Art In The Pod be liable in any way for any User Submitted Content, including but not limited to errors or omissions in any User Submitted Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submitted Content posted, emailed, transmitted or otherwise made available via the Art In The Pod Services.

In posting any User Submitted Content, you represent that you have all rights necessary to post such User Submitted Content without violation of any intellectual property or other rights or any laws or regulations. You further understand and agree that by posting any User Submitted Content on the Art In The Pod Services, or otherwise providing any User Submitted Content to Art In The Pod, including without limitation suggestions, feedbacks, testimonials or other materials you submit to Art In The Pod through the Art In The Pod Services, you are granting Art In The Pod a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, adapt and distribute that content (in whole or in part) for use in connection with or related to the Art In The Pod Services, or any part thereof, for the full term of any copyright that may exist in such User Submitted Content, and that the foregoing license includes a right for Art In The Pod to make such User Submitted Content available to third parties, in each case without any compensation or obligation to you, subject to the Art In The Pod Privacy Policy. You hereby further grant Art In The Pod the right to edit, copy, publish and distribute any User Submitted Content made available on or through the Art In The Pod Sites by you, for any lawful purpose. You also permit any other User to access, view, store or reproduce any content or links posted by you, subject to the Terms. Art In The Pod does not assert any ownership over any User Submitted Content. Rather, as between you and us, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Submitted Content and any intellectual property rights or other proprietary rights associated with your User Submitted Content.

You understand that Art In The Pod cannot and does not guarantee the identity of any other User with whom you interact in the course of using the Art In The Pod Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that Users may provide about themselves or any other User Submitted Content that is posted or otherwise made available on the Art In The Pod Services. You agree that you must evaluate, investigate and bare all risks associated with the use of any User Submitted Content, including reliance on the accuracy, completeness or integrity of such User Submitted Content.

You further understand and agree that Art In The Pod may preserve User Submitted Content, and may also disclose User Submitted Content, including personally identifiable information (notwithstanding the Privacy Policy), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms or any other applicable agreement or policy; (c) respond to claims that any User Submitted Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Art In The Pod, its Users and the public. Without limiting the generality of the foregoing, Art In The Pod may be required to disclose information pertaining to User Submitted Content to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize Art In The Pod to comply with any and all lawful notices, subpoenas, court order or warrants without prior notice to you.

4. User Conduct

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the Art In The Pod Services, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:

Use the Art In The Pod Services for any unlawful purpose, including but not limited to conspiring to violate law;

• Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

• Create a false or misleading identity, including, but not limited to, impersonating a Art In The Pod employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;

• Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• Use the Art In The Pod Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Art In The Pod Services, including but not limited to interfere with or disrupt the Art In The Pod servers or networks connected to the Art In The Pod Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Art In The Pod Sites;

• Attempt to gain unauthorized access to the Art In The Pod Sites, User accounts, computer systems or networks connected to the Art In The Pod Services, through password mining or any other means;

• Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Art In The Pod Services;

• Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

• Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Art In The Pod Sites, except as expressly authorized by Art In The Pod, provided that, unless otherwise determined by Art In The Pod, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;

• Copy any part of the Art In The Pod Services without the express permission of Art In The Pod unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the Art In The Pod Sites or any copy thereof without the express permission of Art In The Pod, or cause, permit or authorize the modification, creation of derivative works, or translation of the Art In The Pod Sites without the express permission of Art In The Pod;

• Reformat or frame any portion of the web pages that are part of the Art In The Pod Services;

• Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;

• Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;

• Interfere with another User’s use and enjoyment of the Art In The Pod Services;

• Harvest or collect email addresses or other contact information of Users, including usernames, from the Art In The Pod Services by electronic or other means;

• Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third party web site or service;

• Take any steps to interfere with or in any manner compromise or circumvent any of Art In The Pod’s privacy or security measures;

• Allow usage by others in such a way as to violate these Terms, the Privacy Policy or any other applicable agreements or policies in effect from time to time;

• Use the Art In The Pod Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.

5. Links to Third Party Websites and Third Party Transactions

The Art In The Pod Sites contain links to websites other than our own, including to vendors that offer their services (each a “Vendor) through the Art In The Pod Sites. Art In The Pod has no control over any third party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. Art In The Pod does not control or endorse the content of any third party site, nor does Art In The Pod warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you decide to leave the Art In The Pod Services and access a third party site or use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms may no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Art In The Pod Services, or relating to any applications from a third party site that you access through the Art In The Pod Services. If you choose to enter into a transaction with a Vendor, including but not limited to a hotel booking with World Choice Travel, you should be aware that such transactions do not take place on the Art In The Pod Sites and that Art In The Pod is not responsible for the processing or security of such transactions.

6. Art In The Pod Social Media

Art In The Pod has numerous accounts across social media platforms that are accessible on or through the Art In The Pod Sites, as well as directly through the social media platforms themselves (“Art In The Pod Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place or the policies and procedures do not address topics covered under these Terms, the Terms shall govern your use of all Art In The Pod Social Media. Without limiting the foregoing, uploading, publishing, posting or displaying the following is expressly prohibited on all Art In The Pod Social Media:

• Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or material, or material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

• Flame messages, spam and trolling;
• Political or religious discourse;
• Intentionally false or misleading statements;
• An offer to sell or buy any product or service;
• Material that infringes on a third party’s intellectual property rights, including copyright, trademark and other proprietary rights;
• Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy or limit the functionality of the Art In The Pod Services or damage any computer software or hardware or telecommunications equipment;
• Information that you know to be confidential or sensitive or otherwise in breach of the law; and
• Comments that are intended to or have the appearance of being intended to intimidate Art In The Pod employees.

Art In The Pod reserves the right, but does not have the obligation, to monitor Art In The Pod Social Media and delete any postings that violate the permitted uses of Art In The Pod Social Media as described herein.

Art In The Pod’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right to any material whatsoever that is owned or licensed by Art In The Pod.

Art In The Pod Social Media includes web pages within the following social media properties. The list of Art In The Pod Social Media is not comprehensive and is subject to change from time to time:

Facebook:
• Art In The Pod Facebook: https://www.facebook.com/artinthepod
• Art In The Pod Facebook: https://www.facebook.com/pages/Art-in-the-Pod/180990858735554


Twitter:


YouTube:


Pinterest:


Flickr:

Foodspotting:


Foursquare:


Google+:


Bit.ly:

TwitPic:

Viddler:

7. Third Party Website Links to Art In The Pod Sites

Users are encouraged to link third party websites to the Art In The Pod Sites for purposes of promoting art in the Philadelphia region.

8. Passwords and Account Security

We may make certain Art In The Pod Services accessible only to those Users that have created an account with us. If we do so, and if you create an account, you acknowledge that we will treat anyone who uses your account as “you.” We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your user ID and password in confidence and that you refrain from disclosing this information to anyone. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

9. Modification or Termination

Art In The Pod reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Art In The Pod Services (in whole or in part) with or without notice to you.

Art In The Pod may terminate your account and may suspend or remove you from the Art In The Pod Services without prior notice for any reason or no reason at our sole discretion. You agree that Art In The Pod will not be liable to you or any third party for any modification, suspension or discontinuance of the Art In The Pod Services.

10. Indemnification

By accepting these Terms, you agree to indemnify and otherwise hold harmless Art In The Pod, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (i) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Art In The Pod Sites; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Art In The Pod reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Art In The Pod in the defense of any such claim, action, settlement or compromise negotiations, as requested by Art In The Pod.

11. Disclaimers

Any new feature, tool or information added to or that enhances the Art In The Pod Services will automatically become part of the Art In The Pod Services and will be subject to these Terms. In using the Art In The Pod Services, you acknowledge and agree that the Art In The Pod Services may also include third party advertisements and marketing tools. While Art In The Pod makes a reasonable effort to provide accurate and useful information to its Users, Art In The Pod makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the Art In The Pod Sites or available through the Art In The Pod Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE Art In The Pod SERVICES IS AT YOUR OWN RISK AND THAT THE Art In The Pod SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. Art In The Pod AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE Art In The Pod SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE Art In The Pod SERVICES. THE Art In The Pod SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY Art In The Pod, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE Art In The Pod SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE Art In The Pod SITES AND THE Art In The Pod SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE Art In The Pod SERVICES.

THE RELEASED PARTIES MAKES NO WARRANTY THAT (a) THE Art In The Pod SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE Art In The Pod SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Art In The Pod SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE Art In The Pod SITES WILL MEET YOUR EXPECTATIONS, (e) THE Art In The Pod SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (f) ANY ERRORS IN THE Art In The Pod SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Art In The Pod SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Art In The Pod OR THROUGH OR FROM THE Art In The Pod SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE Art In The Pod SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third party websites that are accessible through the Art In The Pod Services may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review their terms of use for more information on their warranties and applicable disclaimers.

12. Limitations on Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE Art In The Pod SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE Art In The Pod SITES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE Art In The Pod SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Art In The Pod SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE Art In The Pod SERVICES BY ANY THIRD PARTY.

Art In The Pod RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE Art In The Pod SERVICES OR THE CONTENT ON THE Art In The Pod SITES OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Art In The Pod SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE Art In The Pod SERVICES AND THE Art In The Pod SITES.

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL Art In The Pod’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE Art In The Pod SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Contact for Alleged Copyright Infringement

If you believe that your work has been copied and posted on the Art In The Pod Sites or through the Art In The Pod Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Art In The Pod Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.

DMCA CONTACT

Art In The Pod

216 Bustleton Pike

Holland, PA 18966

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Upon receipt of notice as described above, Art In The Pod will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Art In The Pod Sites, in accordance with applicable law.

14. Contests, Promotions or Games

Art In The Pod may, from time to time, announce contests, promotions or games available on or through the Art In The Pod Services (“Art In The Pod Contests”). You must meet any designated age and/or residency requirements to participate in any Art In The Pod Contests. Additional rules will be posted for Art In The Pod Contests on a case by case basis and are hereby incorporated into these Terms.

15. Additional Terms for Certain Services

Children Under the Age of 13

The Art In The Pod Services are not directed at children. Children under the age of 13 should not attempt to use or access Art In The Pod Services.

16. Privacy Policy

These Terms must be read in conjunction with our Privacy Policy, and the provisions of our Privacy Policy are incorporated herein. For information on how information is collected, used or disclosed by us in connection with your use of the Art In The Pod Services, please consult our Privacy Policy at: www.artinthepod.com/legal-stuff/privacy-policy.html.

17. Applicable Laws

Art In The Pod makes no representation that materials on the Website are appropriate or available for use outside the United States, and access to them from territories where their content are illegal is prohibited. You may not use, export or re-export the Art In The Pod Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the Art In The Pod Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

The Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You and Art In The Pod agree to submit to the personal and exclusive jurisdiction of state and federal courts located in Philadelphia County, Pennsylvania.

18. Miscellaneous

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of Art In The Pod to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.

Art In The Pod reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Art In The Pod Services, Users, and the rights and property of Art In The Pod and its affiliates.

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Art In The Pod Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Changes to the Terms

We reserve the right to update or modify these Terms at any time and without prior notice, by posting the revised version of the Terms on the Art In The Pod Sites.

20. Contact Us

Please send any questions, concerns or comments, or report violations of the Terms to us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Art In The Pod,llc. Privacy Policy

Art In The Pod, LLC. and its respective successors and assigns (“Art In The Pod,” “we,” “us” or “our”) welcome you. Art In The Pod maintains numerous websites (collectively, the “Art In The Pod Sites”) in furtherance of its mission of promoting art in the Philadelphia region. This Art In The Pod Online Privacy Policy (the “Privacy Policy”) describes the types of personal, financial and other information that we gather from visitors who use or access the web content, products, technology and services provided by Art In The Pod and available on the Art In The Pod Sites (collectively, the “Art In The Pod Services”) and how we use the information that we gather. Please carefully read the Privacy Policy before accessing the Art In The Pod Services as it applies to all persons and entities who use or access the Art In The Pod Services, including you (each a “User”), and constitutes an agreement between you and Art In The Pod. By accessing the Art In The Pod Services, you signify that you have read the Privacy Policy and agree to be bound by it and the Art In The Pod Terms of Use Agreement (“Terms”) available at www.artinthepod.com/terms-of-use, as well as any applicable laws and regulations. We may update the Privacy Policy from time to time. Each time you use any of the Art In The Pod Services, the current version of the Privacy Policy will apply. Accordingly, when you use the Art In The Pod Services, you should check the date of the Privacy Policy (which appears at the top) and review any changes. If you do not agree with the Privacy Policy, you may not access or otherwise use the Art In The Pod Services.

1. Overview on Collection and Sharing of Information

The Privacy Policy applies only to information that you provide to Art In The Pod through the Art In The Pod Services. It does not apply to information that Art In The Pod may have obtained through other means, including but not limited to traditional mailing lists. Art In The Pod allows a number of vendors to offer their services (each a “Vendor”) through the Art In The Pod Sites. Information that you provide to a Vendor is governed by that Vendor’s policies and procedures.

Information that we gather from Users falls into two broad categories: Personal Data and Aggregate Data.

2. Collection and Sharing of Personal Data

Personal Data is information that could reasonably be used to identify you, such as your name, address, email address, birth date, financial information, telephone number or any combination of the foregoing (“Personal Data”). We use Personal Data to provide you with Art In The Pod Services that you have requested. By voluntarily providing Personal Data, you consent to the collection and use of your Personal Data in accordance with the Privacy Policy. If you do not wish to provide the requested Personal Data or if you do not agree to have us use the information for the purposes identified, it is your responsibility to decline to use of those Art In The Pod Services for which the Personal Data is sought. You can access and enjoy a wide range of Art In The Pod Services without providing us with any Personal Data. However, certain Art In The Pod Services do require that you provide some amount of Personal Data. For example, and without limitation, Users who wish to use the Contact Us and Newsletter Sign-Up, participate in a contest or survey, create a User account, link to third party websites through the Art In The Pod Services, and communicate with Art In The Pod via electronic mail, may be required to provide varying amounts of Personal Data. When you submit Personal Data to us, we may add it to our database. Personal Data may also be disclosed to Art In The Pod employees, independent contractors and agents who need to know that information in order to operate, develop or improve the Art In The Pod Services.

You can request to review, change, update or delete Personal Data that you have previously submitted to us. We will take reasonable steps to verify your identity before we grant you access to your Personal Data and comply with your request. Please be aware that even after such a request is processed, Art In The Pod may, for a time, retain residual information about you in our backup and/or archival copies of our database.

3. Collection and Sharing of Aggregate Data

Aggregate Data is information that does not personally identify you such as frequency of visits to the Art In The Pod Sites, page views, Art In The Pod Services most frequently accessed, your Internet Protocol (IP) address, referrer addresses, where your computer is routing from, your browser type and version, or your operating system and platform (“Aggregate Data”). We use Aggregate Data to help us develop and improve the Art In The Pod Services overall.

Cookies. Cookies are pieces of information that websites transfer to your computer’s web browser for storage on your computer’s hard drive. Art In The Pod uses persistent cookies on the Art In The Pod Sites. A persistent cookie will remain on your hard drive even after you leave a given website and close your browser. When you return to the same website that placed the cookie on your hard drive, the website may then access the cookie.

Art In The Pod uses cookies for the purpose of distinguishing your browser as a previous visitor to the Art In The Pod Sites by tracking repeat visits to the Art In The Pod Sites by you through your IP address. Art In The Pod also uses cookies to identify which parts of the Art In The Pod Sites are most visited by you and how much time you spend in a particular part of the Art In The Pod Sites. The cookie is loaded on your browser during the initial visit to the Art In The Pod sites. The cookies Art In The Pod uses do not collect personally identifiable information from you such as names, addresses or email addresses. Only your IP address and a time stamp of your arrival are collected.

The information collected by Art In The Pod through cookies is used strictly for statistical analysis of usage trends related to the Art In The Pod Sites. Art In The Pod does not share, sell, transfer or provide any information collected through cookies to any third parties. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you may not be able to use every portion of the Art In The Pod Sites.


Click-Throughs. Art In The Pod or a third party authorized by Art In The Pod may send email messages which use a “click-through” text or graphic link that will take you to content on the Art In The Pod Sites. When you click on this link, you pass through our web server before arriving at the destination web page. If we use this feature, we will track click-through data to help determine our users’ interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked by using click-throughs, do not click text or graphic links in the email.

Advertising. The Art In The Pod Sites may contain advertisements provided by third party advertisers (each an “Advertiser”). An Advertiser may place or utilize its own cookie on your browser, and may collect Aggregate Data about your visit to the Art In The Pod Sites, including but not limited to the number of times you viewed an advertisement. If an Advertiser requests that you provide any Personal Data, that Advertiser’s use and collection of the information will be governed by the Advertiser’s own privacy policy, and not our Privacy Policy. We recommend that you review any Advertiser’s privacy policy before providing Personal Data.

4. Opting Out of Certain Communications

Users are given the choice to opt-out of certain optional communications from us and our affiliates and marketing partners. To “opt-out” you may send an opt-out request to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with the word “unsubscribe” in the email subject line. Users should specify whether they are seeking to opt-out of the Art In The Pod press distribution list in the body of the email and allow a reasonable amount of time for the opt-out request to be processed. Please be aware that your opt-out choice may mean that certain features and functions of the Art In The Pod Services will no longer be available to you.

5. Sharing, Selling and Trading Aggregate Data Collected Online With Third Parties

Art In The Pod takes the privacy of our Users very seriously. We do not sell, rent or otherwise provide your Personal Data to third parties for marketing purposes without your prior consent. We may however sell, share or trade Aggregate Data to third parties.

6. Disclosures Required by Law

It is possible that we may need to disclose Personal Data when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement personnel, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate.

We may also share Personal Data if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms, or as otherwise required by law.

7. Disclosures Required by Law

We may disclose your Personal Data and Aggregate Data to a third party as part of a reorganization or a sale of the assets of Art In The Pod. Any third party to which we transfer or sell Art In The Pod assets will have the right to continue to use the Personal Data and Aggregate Data that you provide to us, subject to this Privacy Policy as may be amended.

8. Credit Card Information

Art In The Pod does not collect credit card information from Users. However, if you choose to enter into a transaction with a Vendor, including but not limited to a hotel booking with World Choice Travel, you should be aware that the Vendor may request that you provide your credit card information. Such transactions do not take place on the Art In The Pod Sites and Art In The Pod is not responsible for the processing or security of such transactions.

9. Children and Privacy

We are concerned about the safety of children when they use the Internet, and understand that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Art In The Pod Services. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit. The Art In The Pod Services are not directed to children under the age of 13. If we learn that a child under the age of 13 has provided Personal Data, we will comply with Children’s Online Privacy and Protection Act (“COPPA”) to delete the information or obtain verifiable parental consent in accordance with COPPA.

10. International Transmission of Data

The Internet is a global environment. Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. This means that your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By using Art In The Pod Services and/or communicating electronically with us, you acknowledge and agree to our processing of your Personal Data in this manner, and agree to be bound by the applicable privacy laws that Art In The Pod is governed by as well as the jurisdiction and venue provisions of the Art In The Pod Terms.

11. Links to Other Websites

The Art In The Pod Services contain links to websites operated by other people or companies. The Privacy Policy does not apply to the practices of third party sites, which may have their own privacy policies or no privacy policy at all. While we try to link only to sites that share our high standards and respect for privacy, Art In The Pod does not control the content of third party sites and takes no responsibility for their content, nor should it be implied that Art In The Pod endorses or otherwise recommends such sites or the products or services offered. We encourage you to review the privacy policies and terms of use of any third party sites or services before providing any of them with any of your personally identifiable information. This Privacy Policy applies only to the Art In The Pod Services.

Art In The Pod Vendor Sites. Sites hosted by Vendors may be accessed through the Art In The Pod Services. In some cases, these sites may maintain the look and feel of the Art In The Pod Sites. Nonetheless they are governed by the Vendor’s policies and not those of Art In The Pod. It is your responsibility to review the relevant privacy policies prior to accessing the services available on such Vendors sites.

12. Security

Art In The Pod uses a variety of safeguards to protect your Personal Data. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot ensure or warrant its absolute security. Consequently, when you transmit your Personal Data to us, you do so at your own risk. We use physical, electronic, and procedural safeguards and other appropriate measures to protect your Personal Data against unauthorized access or use, alteration, unlawful or accidental destruction and accidental loss.

If you create a User account, your account information will be password protected. It is important for you to protect against unauthorized access to your login information, password and to your computer. Be sure to log off from the Art In The Pod Services when finished using a shared computer. We strongly request you not to communicate any confidential information to Art In The Pod through email or any other means.

If Art In The Pod learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Art In The Pod Services or providing Personal Data to us, you agree that we can communicate with you electronically regarding security and privacy issues related to the Art In The Pod Services. Art In The Pod will endeavor to provide notice to you of any security systems breach and efforts to restore the integrity of the Art In The Pod Services in accordance with applicable law. If you become aware of any breach of data security or have any other questions about the security of the Art In The Pod Services, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it..

13. Changes to Privacy Policy

We will post material changes to this Privacy Policy here at least 10 business days before they take effect. Any information we collect under the current Privacy Policy will remain subject to the terms of this Policy, until you accept the new Privacy Policy by accessing or using the Art In The Pod Services after the changes take effect.

14. Contact Us

If you have questions regarding this Privacy Policy or the information collection and dissemination practices of Art In The Pod, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..