PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Blick Art Materials ("Blick") requires that all visitors ("you") to its Art Room Aid ("ARA") website, ArtRoomAid.com, and to dickBlick.com (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means Blick unless otherwise indicated.

What is Art Room Aid?

ARA is a program intended to improve arts education by bringing supporters of the arts and teachers and other art educators and project leaders to an online marketplace where Project Owners request and Sponsors can supply art materials needed to fulfill programming. ARA is not a not-for-profit operation, and Blick a for-profit corporation. The Sites provide you with access to an online collection of information, materials and services related to ARA and its purpose, including text, pictures, photographs, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.

Eligibility.

Use of the Sites is void where prohibited by law. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

Binding Agreement.

By using any Site, you agree to be bound by this UA, whether you are a visitor, project owner or sponsor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Sponsors and Project Owners, which are described below.

Blick's Privacy Policy for ARA is a part of this UA.

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference Blick's Privacy Policy for ARA. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.

Our Proprietary Materials.

Please adhere to the following rules:

1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
2. No text, logo, graphic, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Blick.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of Blick.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2011 Art Room Aid, or are licensed or otherwise used by ARA with permission. Except where noted otherwise, all rights to these materials are reserved by Blick. "ArtRoomAid.com" and the Art Room Aid logo are copyright protected. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although Blick cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. Blick retains the right to restrict use of the Sites, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARA MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability.

IN NO EVENT SHALL BLICK ART MATERIALS, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "ARA AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ARA AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES. USE CONSTITUTES A MUTUAL AGREEMENT THAT IN NO EVENT WILL DAMAGES EXCEED $10.00.

YOU UNDERSTAND AND AGREE THAT BLICK ART MATERIALS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT ARA AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY ARA OR AN AUTHORIZED ARA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

Blick neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by Blick, thus Blick is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Blick of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We accept appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and ARA. If this is not the case, please do not link to any Site. Blick reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any Blick or ARA service marks or other intellectual property or content provided by Blick for a hyperlink to a Site is permitted and licensed by Blick solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such service marks or other intellectual property or content. Upon request by Blick, you shall immediately remove any hyperlink to the Sites, and discontinue use of any service marks or other intellectual property or content provided by Blick.

Making Contributions through Art Room Aid and Blick Art Materials.

ARA is a marketplace that brings Sponsors together with Project Owners in order to provide art educators and other project leaders with the supplies they need for their programs. Contributions can either be made as specific product purchases or as credit deposits. Product purchases will be shipped directly to the Project Owner.

Sales tax and shipping charges are paid by Sponsors for purchases including specific items. Credit contributions may be used to cover either the cost of supplies or tax or shipping costs.

All Sponsors are subject to the specific Sponsor terms described below.

Special Provisions Relating to Sponsors

Thank you for your interest in funding a list project at Art Room Aid. By checking the "I agree" checkbox during the check-out process, you agree to the following additional terms of the UA, which apply to those who make contributions to projects ("Sponsors").

Sponsor Representations

When making a purchase or credit contribution towards a future purchase, you promise that:

1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
2. All information you provide to ARA and Blick is accurate

Disclaimers

Sometimes the specific supplies requested by a Project Owner change after the Project Owner has received your contribution. While Project Owners cannot remove requested supplies from their project supply lists once their profiles have been published, they can always include new supplies on their lists. Therefore, your cash contribution may be used to purchase supplies not on a Project Owner's list when you made your contribution.

If an item you have selected to purchase for a Project Owner becomes back-ordered or is purchased by another Sponsor as you are attempting to purchase that item, your gift will be converted to a gift of credit that the Project Owner can use to purchase another item from his project supply list.

Blick reserves the right to exclude any Sponsor from use of the Sites, in ARA's sole discretion.

Infrequently, a Project Owner will move from one organization to a different organization while they have active projects available for funding on our Site. Until the Project Owner alerts us to their move, the Project Owner information associated with their project profiles as posted on the website may be inaccurate. Funds given to ARA projects are intended to stay with the organization identified when a project profile is created, and we request that Project Owners transfer their projects to new owners if they leave an organization for any reason.

Blick cannot be responsible for the success of any projects or for the activities (or lack thereof) of the Project Owners or participants in activities associated with supplies requested and provided by contributions.

Blick is not responsible for the contents of project profiles included on the Site. Any projects or profiles that are inappropriate in nature or seem to be fraudulent should be reported to Dick Blick. Inappropriate and fraudulent projects and profiles will be removed from the ARA website.

Special Provisions for Project Owners

Thank you for your interest in creating an Art Room Aid project and supply list. By checking the "I Agree" checkbox during the project profile creation process, you are authorizing placement of your project on the ArtRoomAid.com website and agree to the following additional terms of the UA, which apply to those users who create project profiles on the Sites ("Project Owners"). You further authorize Blick to accept credit deposits from your Sponsors, and agree to use these deposits as we direct. Blick will not charge any fee for collecting deposits on your behalf. All product purchases will be made from the dickBlick.com website.

Project Owner Representations

By creating a project profile, you promise that:

1. You are currently associated with the organization you select for your project's profile;
2. The programming you describe in your project profile is legal and, if relevant, falls within the standards of your board of education.
3. All information you provide to Blick and ARA is accurate, and you will promptly update the information when necessary to keep it accurate.
4. The supplies you select are to be used for the programming and participants you describe in your project profile.
5. You have full rights to any ideas, descriptions and materials you submit to ARA, and that you (and not ARA) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by ARA will not infringe on any rights of any third party.
6. If you cease to have a relationship with the organization or participants benefiting from the supplies you requested in your project profile, you will transfer your project profile to a new owner who will ensure that requested supplies benefit the intended recipients.

Project Owner Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your password for access to Project Owner-restricted portions of the Sites, and shall not share your password with anyone else. You agree not to use the account, email address, or password of another Project Owner at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify Blick of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.

From time to time, Blick may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.

Rights You Grant to Blick

While you retain ownership in the works you create such as your project profile (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to Blick through the Sites, you hereby grant to Blick a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of our purposes and activities and to promote Blick and ARA, in any medium, and Blick may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for ARA's purposes, whether or not you receive contributions.

Blick reserves the right to exclude any Project Owner from use of the Sites, in our sole discretion.

Blick reserves the right to use all data captured from the ArtRoomAid.com for our internal and marketing purposes.

Termination

You may terminate this UA by destroying all materials obtained from the Sites and stopping all use of the Sites. Blick may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

Indemnification

You agree to indemnify and hold Blick and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to Blick and ARA.

Contact Blick

If you have any questions about the Sites or this UA, you may contact us via e-mail at ARAinfo@dickBlick.com. We are always glad to hear your questions and comments.

Entire Agreement

This UA, including the terms specifically applicable to Sponsors and Project Owners, and other policies and notices Blick may post on the Sites necessary for access to Sponsor and Project Owner portions of the Sites, constitute the entire agreement between Blick and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between Blick and you regarding such matters, including prior versions of this UA. Blick may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by Blick, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive. This User Agreement was last updated on 9/12/2009.