Terms of Use
Introduction
Thank you for visiting the website of Kupferberg Center for the Arts (“KCA”). The following terms and conditions (these “Terms of Use”) govern your access to, and use of, www.kupferbergcenter.org, including any services, content, and functionality offered on or through www.kupferbergcenter.org (the “Website”). Please read these Terms of Use carefully before using the Website.
Your Acceptance
By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at [insert privacy policy link], which is incorporated herein by reference. Please do not use the Website if you do not agree with these Terms of Use. You acknowledge and agree that we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We reserve the right to change these Terms of Use at any time in our sole discretion and without notice. All changes are effective immediately when we post them. Your continued use of the Website after we have posted changes to these Terms of Use means that you agree to be bound and abide by the changes, so please check the Terms of Use regularly for any updates.
Your Use of the Website
You are strictly prohibited from using the Website for any unlawful purpose, or for any purpose not expressly allowed by these Terms of Use. Additionally, you may not interfere or attempt to interfere with the proper operation of our site, including through the use of any device, software, or routine, or attempt to gain unauthorized access to any data, files, or passwords related to our site through hacking, circumvention, or any other means. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of it, without notice.
Your Information
Please refer to our Privacy Policy for information on how we collect and use your data when you use the Website. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking and Framing
You may link to the Website’s homepage, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, endorsement, or approval on our part without our express written consent. You may not frame the Website within another website without our express written permission.
Intellectual Property Rights in the Website
The Website contains various information, including data, text, graphics, and other materials from KCA and third parties (the “Content”). The Website and its elements are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, which are valid and protected worldwide. The Content remains the property of KCA or its respective owners. You agree to comply with all intellectual property laws and may not encumber any interest in or assert any rights to the Content. You may: (i) print a single copy of the Content for your personal use, maintaining any notices such as copyright or trademark legends; (ii) temporarily store copies of the Content in your computer’s RAM incidental to accessing and viewing such Content; and (iii) store files automatically cached by your web browser for display enhancement purposes.
Trademarks
The trademarks, service marks, and logos used and displayed on our site are registered and unregistered trademarks of KCA. You must not use such trademarks without the prior written permission of KCA. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Community Guidelines
KCA’s community thrives when its members follow a few simple rules. By accessing and/or using the Website, you agree to comply with these community rules: (1) Do not use the Website for any unlawful purpose; (2) Do not use the Website for commercial activities, including raising money, advertising, or promoting a product, service, or company without proper authorization; (3) Do not upload, post, e-mail, transmit, or make available any content that: (a) infringes any copyright, trademark, or other proprietary rights; (b) is threatening, defamatory, obscene, or promotes violence; or (c) discloses sensitive information about another person; (4) Do not “stalk” or otherwise harass another; (5) Do not impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity; and (6) Do not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software, or routine, or attempt to gain unauthorized access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any comments that do not adhere to these guidelines.
User Submissions; Publicity
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Services, including comments. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose.
Copyright Complaints
If you believe that any Content on our site violates your or a third party’s copyright, please notify us by providing the following information to us at our e-mail address at info@kupferebergcenter.org or our mailing address via U.S. Mail at 65-30 Kissena Blvd. Flushing NY 11367 (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our site; (4) your address, telephone number, and email address; (5) a 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; and (6) 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 duly authorized to act on the copyright owner’s behalf.
Links to Third-Party Websites
The Website may contain links to third-party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products and/or services that may be offered on those sites.
Warranty Disclaimer
This Website and the Content, materials, and products on this site are provided “as is” and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on the Website, for any interruptions or errors in accessing the Website, or for any viruses or other harmful components contained on the Website or the server from which our site is made available. Neither we nor any of our affiliates make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING, OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON THE WEBSITE OR RESULTING FROM ACCESS TO OR OTHER USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION PRESENTED ON THE WEBSITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such cases will be limited to the greatest extent permitted under the law.
Indemnification
You agree to indemnify, defend, and hold harmless KCA, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, your use of the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws provisions. Any legal action or proceeding arising under these Terms of Use shall be brought exclusively in courts located in New York, New York, and you hereby irrevocably consent to the jurisdiction of such courts.
Termination
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Website. Your continued use of the Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Miscellaneous
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of KCA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.