Defining the Terms of Engagement for a Collaborative and Vibrant Arts Community.

Welcome to the official website and service platform of Friends of Dane Arts (FoDA). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the user, visitor, donor, grant applicant, or partner (“User” or “You”), and Friends of Dane Arts, the Wisconsin non-profit corporation, regarding your access to and use of FoDA’s website (www.frsda.site), our administrative services, grant programs, and any related communications, content, or features offered by us (collectively, the “Services”). By accessing, browsing, downloading, donating to, or otherwise utilizing any part of the Services, you acknowledge that you have read, understood, and agreed to be unconditionally bound by all of these Terms and Conditions. If you do not agree with any provision of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately. This agreement explicitly incorporates by reference the policies and provisions set forth in our Privacy Policy, which outlines our detailed data handling and protection practices. We reserve the unequivocal right, in our sole and absolute discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It remains your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services following the date such revised Terms are posted will constitute your acceptance of and agreement to the revised Terms, creating a continuous legal obligation upon you to comply with the version of the Terms currently in effect.

Website Use, Licenses, and Intellectual Property Rights

Tagline: Ownership, Usage Rules, and Permissions for Digital Content.

Unless otherwise explicitly stated, all intellectual property rights, proprietary content, digital materials, features, and functionality displayed on the FoDA Services—including, but not limited to, the logo, trademarks, service marks, design, text, graphics, photographs, artistic works, code, and the organization and arrangement thereof (collectively, “FoDA Content”)—are the sole and exclusive property of Friends of Dane Arts or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws of the United States and international conventions. The FoDA Content is provided on the Services strictly for your non-commercial, informational, and organizational engagement use only. You are hereby granted a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Services solely for the purpose of learning about our mission, applying for a grant, or making a donation. This license does not permit you to, and you are expressly prohibited from engaging in: the commercial exploitation, reproduction, redistribution, republication, transmission, display, performance, sale, or sublicensing of any FoDA Content; the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without express written permission from us; or the use of any FoDA Content in a manner that falsely suggests an affiliation with, endorsement by, or sponsorship of FoDA. Any unauthorized use immediately terminates the limited license granted herein. You agree not to upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. Furthermore, all grant application materials, project descriptions, artistic portfolios, and images submitted by applicants to FoDA remain the intellectual property of the respective artists or organizations, but by submitting such materials, you grant FoDA a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and display the provided materials solely for the purpose of evaluating the grant application, administering the grant, promoting FoDA’s mission, and publicly reporting on the impact of FoDA-funded projects, provided that such promotional use will be undertaken only with reasonable efforts to credit the original creator.

User Obligations, Prohibited Activities, and Compliance

Tagline: Rules of Conduct and Responsible Interaction with Our Platform.

As a condition of your use of the Services, you warrant and represent that you will not use the Services for any purpose that is unlawful, prohibited by these Terms, or inconsistent with the mission and values of Friends of Dane Arts, and you agree to comply strictly with all applicable local, state, national, and international laws and regulations. You specifically agree not to engage in or attempt to engage in the following prohibited activities, recognizing that such conduct may result in immediate and permanent termination of your access to the Services and, potentially, legal action. Harmful and Disruptive Conduct includes: attempting to access, tamper with, or use non-public areas of the Services, FoDA’s computer systems, or the technical delivery systems of FoDA’s providers; transmitting or uploading viruses, Trojan horses, or any other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Security Violations encompass: attempting to probe, scan, or test the vulnerability of any FoDA system or network or breach any security or authentication measures; or using the Services to make any unauthorized commercial use, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses. Content and Communication Misconduct involves: posting material that is defamatory, abusive, harassing, threatening, discriminatory, racist, or otherwise objectionable or inappropriate as determined by FoDA’s sole judgment; impersonating any person or entity, including FoDA personnel, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or making any false, inaccurate, or misleading statement in connection with your use of the Services, including in any grant application materials. You acknowledge that FoDA may monitor user activity and content and may remove any content or activity that violates these Terms without prior notice.

Financial Transactions, Donations, and Grant Administration

Tagline: Detailed Terms for Giving, Receiving, and Financial Accountability.

Donations and Financial Contributions

By initiating a donation transaction through the Services, you represent and warrant that you are legally authorized to use the payment method designated and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount specified for your donation. You acknowledge that all donations made to Friends of Dane Arts are final, non-refundable, and irrevocable, subject only to standard bank reversal procedures in cases of confirmed fraud. FoDA is a non-profit organization, and while contributions are generally tax-deductible to the extent allowed by law, you are solely responsible for consulting with your own tax advisor regarding the deductibility of your contribution. We utilize PCI-compliant third-party payment processors to handle all financial transactions, and you agree to abide by the terms and conditions of that specific payment processor in addition to these Terms. FoDA disclaims all liability for any errors or issues arising from the processing of your payment by these external service providers, except in cases of gross negligence on the part of FoDA directly.

Grant Application and Administration

The submission of a grant application through the Services does not constitute a promise or guarantee of funding. FoDA reserves the absolute right, in its sole discretion, to reject any application for any reason, including but not limited to, the applicant’s failure to meet eligibility criteria, incomplete submission of materials, lack of available funds, or misalignment with the current strategic priorities of FoDA. All grant applications are governed by the specific program guidelines and criteria published by FoDA for that cycle, which are hereby incorporated into these Terms. Applicants agree that FoDA’s decision regarding funding is final and non-appealable. Grant Funds, if awarded, must be used strictly and exclusively for the purposes outlined in the approved application and subsequent grant agreement. Recipients are obligated to provide timely, accurate, and complete financial and narrative reports detailing the expenditure of funds and the artistic outcomes achieved, as specified in the grant agreement. Failure to comply with reporting requirements or misuse of grant funds will constitute a material breach of the grant agreement and these Terms, potentially resulting in the required repayment of the full grant amount and exclusion from future FoDA funding opportunities. Furthermore, by accepting grant funds, the recipient agrees to publicly acknowledge the support of Friends of Dane Arts in all related promotional materials, programs, and public presentations, using the designated FoDA logo and recognition language provided by the organization.

Third-Party Websites and Content

Tagline: Disclaimer Regarding External Platforms and Services.

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and FoDA takes no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services.

Disclaimer of Warranties and Limitation of Liability

Tagline: Legal Disclaimers and Limits on Financial Responsibility.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FO DA, ITS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FO DA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FO DA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

Limitation of Liability

IN NO EVENT SHALL FO DA OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FO DA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FO DA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FO DA DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification, Governing Law, and Dispute Resolution

Tagline: Accountability, Jurisdiction, and Conflict Resolution Procedures.

Indemnification

You agree to defend, indemnify, and hold FoDA, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions or submissions; (2) use of the Services; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, FoDA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law and Dispute Resolution

These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any legal action or proceeding related to the Services shall be brought exclusively in the state or federal courts located in Dane County, Wisconsin. You and FoDA agree to submit to the personal jurisdiction of such courts. You agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are specifically excluded from application to these Terms. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Dane County, Wisconsin. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Miscellaneous Provisions, Entire Agreement, and Severability

Tagline: Concluding Stipulations for the Contractual Agreement.

These Terms and Conditions, together with any operating rules or policies posted by us on the Services, constitute the entire agreement and understanding between you and us, superseding all prior and contemporaneous agreements, proposals, and communications, whether electronic, oral, or written, between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms and Conditions shall not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Last Updated: November 4, 2025