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You acknowledge that all materials, information, images, products and services (the “Content”) available on this Site, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to the Site, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how or other proprietary rights and laws. In many cases, the Endowment owns the Content. In other cases, the Endowment has obtained permission from the owner or rights-holder (a “Licensor”) of the intellectual property to use the Content on this Site. The Endowment and its Licensors retain exclusive ownership or rights over all Content viewed or accessed on the Site. You may only use the Site or its Content as expressly permitted in this Agreement and for no other purpose.
Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of the Endowment or used under license by the Endowment. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.
You agree to use the Site or its Content only for lawful purposes and only as expressly permitted in this Agreement and for no other purpose. Except where otherwise noted, when viewing, downloading or printing individual pages, graphics, forms, documents or other Content from the Site, the Endowment grants you a limited, nonexclusive license for use solely by you for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Site’s Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without the Endowment’s prior written authorization. At times, we post copyright, legal and other proprietary notices on the Site’s pages. The notices or credits must remain intact and must not be removed. The Endowment may revoke this license at any time.
The Endowment welcomes your feedback regarding the Site’s programs and Content. If you elect to submit Content to the Site (“Submissions”), you grant the Endowment and its licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the Submissions in any form, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the Submissions and that the Endowment’s public posting and use of your Submissions will not infringe or violate the rights of any third party. The Endowment reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. The Endowment shall not be obligated to use or disclose any of your Submissions.
Any use of the Content contained in the Site in any manner that may express or imply endorsement, sponsorship, affiliation or association of the visitor by or with the Endowment is strictly prohibited. You agree that you will not transmit through the Site any material which i) violates or infringes in any way upon the rights of others; ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or iv) without the Endowment’s express prior approval, contains advertising or any solicitation with respect to products or services. You also agree not to submit or transmit any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights for such Submissions or transmissions and for the Endowment’s subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark or other proprietary rights rests with you.
You agree to use the Site only for authorized and legal activities. Unauthorized uses of this Site include unauthorized linking or framing to the Site without the prior written authorization of the Endowment. You also agree not to “deep-link” to any of the Site’s internal pages for any purpose, unless you are specifically authorized by the Endowment to do so. Any unauthorized use of the Site may result in criminal or civil penalties or prosecution. The Endowment reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.
You expressly agree that all Content included in or available through the Site is provided on an “as is” and “as available” basis for your use and that you use this Site and any Content you choose to download at your sole risk. The Content is provided without warranties of any kind, either expressly or by implication, including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither the Endowment, nor its employees, officers, directors, agents, consultants, contractors or Licensors, make any warranty that the Content of the Site or any service provided through it, is accurate, reliable or correct; that the Site, or any linked Third-Party Site, will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions, or recommendations on the Site.
Under no circumstances shall the Endowment or its employees, officers, directors, agents, consultants, contractors or Licensors be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages, that result from the use of, or inability to use, the Site or from the Content available on the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify, and hold the Endowment and its employees, officers, directors, agents, contractors, and Licensors harmless from and against any and all liabilities, claims and expenses, including attorneys fees, that arise from your use of the Site or its Content, including without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Endowment makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.
This Agreement constitutes the entire agreement between you and the Endowment with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.
November 1, 2022