PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "Site Terms") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OF THE DALE AND LESLIE CHIHULY FOUNDATION (the "Foundation") AT www.chihulyfoundation.org (the "Site") YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
These Site Terms apply exclusively to your access to the Site. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Foundation for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you, the Foundation, and the Foundation's licensor(s) for violations of these Terms.
The Foundation reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of the Site following the posting of changes will confirm your acceptance of such changes. You should therefore frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
- Copyright and Limited License
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, all designs, text, graphics, pictures, information, data, software, sounds, sound files, video, video files, and files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of the Foundation or its licensor(s) or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license), and print to hard copy, portions of the Site Materials for your informational, educational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, rpoblic performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site, the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its/their intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of the Foundation, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
CHIHULY is a trademark of Dale Chihuly (the "Artist"), and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Artist. Other trademarks, logos, and product or service names or slogans contained on the Site are trademarks of the Foundation or its licensor(s), and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Foundation or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “CHIHULY” or any name, trademark or product or service name of the Artist or the Foundation without prior written permission from the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of the Foundation and may not be copied, imitated or used, in whole or in part, without the Foundation’s prior written permission. All other trademarks, product names and Foundation names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by, or any affiliation with, Foundation or its licensor(s).
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Foundation or its licensor(s) or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo of the Foundation or the Artist logo or other proprietary graphic of the Foundation or the Artist to link to the Site without the applicable trademark owner’s express written permission. Further, you may not use, frame or utilize framing techniques to enclose any trademark or logo or other proprietary information of the Foundation or the Artist, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the applicable trademark and content owner’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Foundation, the Artist, or any third party.
The Foundation and its licensor(s) make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or web sites linking to the Site. Such sites are not under the control of the Foundation or its licensor(s) and the Foundation and its licensor(s) are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Foundation provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Foundation or licensor(s) of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review any applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third-Party Content
The Foundation may provide third-party content on the Site and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in such content and information. The Foundation does not monitor or have any control over any Third-Party Content or third-party web sites. The Foundation does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. The Foundation does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. You use such Third-Party Content at your own risk.
You acknowledge and agree that any materials, including without limitation questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding the Site, the Foundation, or any other matters that are provided by you in the form of e-mail or other submissions to the Foundation, or the Site, are non-confidential and will become the sole property of the Foundation. The Foundation will own, and you hereby assign to the Foundation all right, title, and interest in and to (including without limitation all intellectual property rights) such submissions, and the Foundation will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by the Foundation (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, the Foundation of such submissions.
You agree to defend, indemnify and hold harmless the Foundation and its licensor(s), and their respective parent companies, subsidiaries, affiliates, independent contractors, service providers, and consultants, and each of their respective directors, employees, and agents (individually and collectively, the "Foundation Parties"), from and against any claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to any actual or threatened suit, demand, or claim made against the Foundation and/or any Foundation Parties arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FOUNDATION, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (the "Services") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOUNDATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
THE FOUNDATION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SITE. WHILE THE FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, THE FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SO YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
The Foundation reserves the right to change any and all content contained on the Site and any Services offered through the Site at any time without notice.
- Limitation of Liability
IN NO EVENT WILL THE FOUNDATION OR ANY FOUNDATION PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT, THE SITE MATERIALS, OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FOUNDATION OR ITS LICENSOR(S), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE FOUNDATION'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FOUNDATION OR ITS LICENSOR(S), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE FOUNDATION FOR ACCESS TO OR USE OF THE SITE.
- Applicable Law and Venue
These Site Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms will be filed only in the state or federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, the Foundation reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms is be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Site may be directed to Foundation at the e-mail address firstname.lastname@example.org or by calling us at (206) 781-8707.