Conditions of Use

Arts of Asheville Conditions of Use Agreement

By using the ArtsofAsheville.com web site ("Arts of Asheville" or the "Site"), a service of Arts of Asheville, LLC (“LLC”), you (the "user" or "you") agree to be bound by the following terms and conditions (the "Conditions of Use" or the "Agreement"), including those available by hyperlink. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site.

Accessing, browsing or shopping at the Site indicates that you have read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on October 15, 2010 for all users.

Arts of Asheville

LLC acts as a marketplace to allow users who comply with LLC policies to offer, sell, and buy certain goods within a fixed price format. LLC is providing users with access to buy and sell goods approved by LLC. Each user must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for user’s access to the Internet, and (3) pay any fees related to such connection.

LLC is not directly involved in the transaction between buyers and sellers. LLC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. LLC does not pre-screen users or the content or information provided by users. LLC cannot ensure that a buyer or seller will complete a transaction. 

Arts of Asheville does not transfer legal ownership of items from the seller to the buyer. LLC cannot guarantee the true identity, age, and nationality of a user. LLC encourages you to communicate directly with potential transaction partners through the tools available on the Site.

You agree that Arts of Asheville is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Arts of Asheville. You use the Site at your own risk.

Eligible Parties

Age: Arts of Asheville's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities. 

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Arts of Asheville's policies as stated in the Agreement and Arts of Asheville's Privacy Policy. 

Account Information: Sellers must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: Sellers may not transfer or sell your Arts of Asheville account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. 

Right to Refuse Service: Arts of Asheville's services are not available to temporarily or indefinitely suspended Arts of Asheville members. LLC reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts, and to refuse service, terminate accounts, remove or edit content or cancel orders to anyone, for any reason, at any time.

Links

Arts of Asheville provides links to the sites of affiliated companies, individuals and other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. LLC does not assume any responsibility or liability for the actions, goods, and content of any such parties or any other third parties. You should carefully review their respective privacy statements and other conditions of use.  

Intellectual Property

Users shall not use LLC’s graphics, logos, content, appearance, design, functionality and all other aspects of the Site and the Services in any manner that could cause confusion or disparages or discredits Arts of Asheville.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Arts of Asheville or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Arts of Asheville and protected by U.S. and international copyright laws.

Pricing and Services

There is a one-time initial fee to join and a have a gallery created on Arts of Asheville.  Arts of Asheville charges a percentage of the sale price when an item sells, as well as a transaction fee for each order. Changes to the pricing for Arts of Asheville's services are effective after LLC provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, LLC may choose to temporarily change the pricing for Arts of Asheville's services for promotional opportunities; such changes are effective when LLC posts the temporary promotional event on the Site. LLC may at its sole discretion, change some or all of Arts of Asheville's services at any time. In the event LLC introduces a new service, the pricing for that service are effective at the launch of the service. 

Card Services: Arts of Asheville facilitates the purchase of items bought and sold by users on the Site. Upon the sale of an item listed on the Site, authorized payments from the user are transferred to a seller's Arts of Asheville account less any applicable commission, transaction fee, and/or other adjustments.

Payment: LLC will initiate the transfer of the entire outstanding balance of a qualified Seller’s Arts of Asheville account on the 15th of every month. The transferred balance will include any transaction you received from authorized payment methods by Users, less any commission, transaction fees, refunds, credit card chargebacks, and/or other adjustments.

Termination: If LLC terminates your account, if you close your account, or if the payment of your Arts of Asheville commission and transaction fees cannot be completed for any reason, you remain obligated to pay LLC for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact LLC.

Listing and Selling

Listings: By listing an item on the Site you warrant that you and all aspects of the item comply with Arts of Asheville's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Arts of Asheville gallery. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Gallery Policies: All sellers are urged to outline gallery policies for their Arts of Asheville gallery. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All gallery policies must comply with Arts of Asheville's site-wide policies. Sellers are responsible for enforcing their own reasonable gallery policies. LLC reserves the right to request that a seller modify a gallery policy.

Sales: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fees: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Arts of Asheville transaction fees, misrepresent the item's location, or use another user's account without permission.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Arts of Asheville and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Arts of Asheville. Restricted Activities: Your Content and your use of Arts of Asheville shall not:

Be false, inaccurate or misleading

Be fraudulent or involve the sale of illegal, counterfeit or stolen items

Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

Contain items that have been identified by the U.S. Consumer goods Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Arts of Asheville staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

Be obscene or contain child pornography

Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

Host images not part of a listing

Link directly or indirectly, reference or contain information about goods or services offered external to Arts of Asheville.

Modify, adapt or hack Arts of Asheville or modify another website so as to falsely imply that it is associated with Arts of Asheville

Appear to create liability for Arts of Asheville or cause Arts of Asheville to lose (in whole or in part) the services of Arts of Asheville's ISPs or other suppliers

Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Arts of Asheville Privacy Policy, or other policy documents as posted on Arts of Asheville

Furthermore, you may not list any item on Arts of Asheville (or consummate any transaction that was initiated using Arts of Asheville's service) that, by paying to Arts of Asheville the commission or transaction fee, could cause Arts of Asheville to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: Arts of Asheville does not claim ownership rights in your Content. You grant Arts of Asheville a license solely to enable Arts of Asheville to use any information or Content you supply Arts of Asheville with, so that Arts of Asheville is not violating any rights you might have in that Content. You grant Arts of Asheville a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Arts of Asheville to store or re-format your Content on Arts of Asheville and display your Content on Arts of Asheville in any way as Arts of Asheville chooses. Arts of Asheville will only use personal information in accordance with Arts of Asheville's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Arts of Asheville user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Arts of Asheville-related communications. Arts of Asheville has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Arts of Asheville user to your email or physical mail list. For more information, see Arts of Asheville's Privacy Policy.

Re-Posting Content: By posting Content on Arts of Asheville, it is possible for an outside website or a third party to re-post that Content. You agree to hold Arts of Asheville harmless for any dispute concerning this use. If you choose to display your own Arts of Asheville-hosted image on another website, the image must provide a link back to its listing page on Arts of Asheville. 

Information Control

Arts of Asheville does not control the Content provided by users that is made available on Arts of Asheville. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Arts of Asheville, you agree to accept such risks and that LLC and its members, managers, agents, subsidiaries, joint ventures and employees are not responsible for any and all acts or omissions of users on Arts of Asheville. Please use caution, common sense, and practice safe buying and selling when using Arts of Asheville. 

Other Resources: Arts of Asheville is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Arts of Asheville does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Arts of Asheville shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and Arts of Asheville, please contact Arts of Asheville.

Should you have a dispute with one or more users, or an outside party, you release LLc and its members, managers, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Arts of Asheville encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Arts of Asheville has no obligation to resolve disputes between users or between users and outside parties.

Arts of Asheville's Intellectual Property

Arts of Asheville, and other Arts of Asheville graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Arts of Asheville, LLC in the U.S. and/or other countries. Arts of Asheville's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. 

Copyright and Trademark Information

By submitting to Arts of Asheville Content such as any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to Arts of Asheville the worldwide, perpetual, irrevocable, royalty-free, sub licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that Arts of Asheville’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Arts of Asheville harmless from any claims or demands, including attorneys’ fees and costs, incurred by Arts of Asheville with respect thereto.

All Images on the Site are either owned or licensed by Arts of Asheville and may not be reproduced or used in any manner without the express written permission of Arts of Asheville and, if appropriate, the relevant artist. Copyright © 2006 Arts of Asheville, LLC. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws.

Arts of Asheville, the Arts of Asheville logo Arts of Asheville THE LAUNCHPAD FOR EMERGING ARTISTS are trademarks owned by Arts of Asheville and may not be used without prior written permission of Arts of Asheville.

Access and Interference

Much of the information on Arts of Asheville is updated on a real-time basis and is proprietary or is licensed to Arts of Asheville by Arts of Asheville's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Arts of Asheville for any purpose without Arts of Asheville's prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Arts of Asheville's sole discretion, an unreasonable or disproportionately large load on Arts of Asheville's infrastructure

Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Arts of Asheville and the appropriate third party, as applicable

Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Breach

Without limiting any other remedies, Arts of Asheville may, without notice, and without refunding any fees, delay or immediately remove Content, warn Arts of Asheville's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Arts of Asheville suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Arts of Asheville is unable to verify or authenticate any of your personal information or Content; Or Arts of Asheville believes that a user is acting inconsistently with the letter or spirit of Arts of Asheville's policies, has engaged in improper or fraudulent activity in connection with Arts of Asheville or the actions may cause legal liability or financial loss to Arts of Asheville's users or to Arts of Asheville.

Privacy

Except as provided in Arts of Asheville's Privacy Policy, Arts of Asheville will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Arts of Asheville stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

ARTS OF ASHEVILLE, ARTS OF ASHEVILLE'S SUBSIDIARIES, MANAGERS, EMPLOYEES, AND Arts of Asheville'S SUPPLIERS PROVIDE Arts of Asheville'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Arts of Asheville, Arts of Asheville'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Arts of Asheville'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Arts of Asheville SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL Arts of Asheville, AND (AS APPLICABLE) Arts of Asheville'S SUBSIDIARIES, MANAGERS, EMPLOYEES OR Arts of Asheville'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Arts of Asheville'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Arts of Asheville'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Arts of Asheville'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Arts of Asheville IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD Arts of Asheville AND (AS APPLICABLE) Arts of Asheville's MEMBERS, AFFILIATES, MANAGERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR ANY CLAIM ARISING OUT OF A USER’S USE OF THE SITE.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Arts of Asheville's service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

Contractor

You and LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 

No Guaranty

Arts of Asheville does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Arts of Asheville's control.

Modifications and Interruption to Site

Arts of Asheville reserves the right to modify or terminate the Arts of Asheville service for any reason, without notice, at any time. Arts of Asheville reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Arts of Asheville will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Arts of Asheville's sole discretion, in good faith, and using common sense and reasonable judgment.

Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina and disputes arising under this Agreement will be adjudicated by the courts of the State of North Carolina.

Survival

The provisions hereof shall survive any termination or expiration of this Agreement. 

Office Address

The services hereunder are offered by Arts of Asheville LLC, located at 24 Dogwood Forest Road, Fairview, NC  28730.

Disclaimer

The Site is provided Arts of Asheville on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Arts of Asheville makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Arts of Asheville shall have no liability for any interruptions in the use of the Site.

Limitation of Liability

Arts of Asheville SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Arts of Asheville SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Arts of Asheville HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Modifications and Interruption to Site

Arts of Asheville reserves the right to modify or discontinue the Site with or without notice to the user. Arts of Asheville shall not be liable to user or any third party should Arts of Asheville exercise its right to modify or discontinue the Site. user acknowledges and accepts that Arts of Asheville does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Arts of Asheville’s control.

Disclaimer Regarding Accuracy of Vendor Information

Specifications about and other information regarding artwork for sale on the Site have been provided by individual sellers and is not verified by Arts of Asheville. While Arts of Asheville makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.

Arts of Asheville makes no warranties or representations whatsoever with regard to any goods provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Seller shall be at your own risk.

Information for Customers

Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Arts of Asheville may collect fees owed using other collection mechanisms.

Governing Jurisdiction of the Courts of North Carolina

The site is operated and provided in the State of North Carolina. As such, we are subject to the laws of the State of North Carolina, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of North Carolina.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Botnets

LLC retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Arts of Asheville’s discretion.

Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Arts of Asheville in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. user agrees that by accepting this Agreement, user is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Arts of Asheville Privacy Statement.