Website Users Terms & Conditions
Your Acceptance
The 9/11 Arts Project's website, 911artsproject.com (the "Website") is owned and operated by Smith Farm Center for Healing and the Arts ("Smith Farm Center") for your and others' personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto ("Terms and Conditions"). BY USING THE WEBSITE YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. Smith Farm Center may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Website. By using the Website after we post any changes to the Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them.
Website Access
Smith Farm Center hereby grants you permission to use the 911artsproject.com Website as set forth in this Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal use for your enjoyment and entertainment purposes; (ii) you will not copy or distribute any part of the Website in any medium except according to Smith Farm Center's policies for such set forth in these Terms and Conditions without Smith Farm Center's prior authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the Terms and Conditions.
Intellectual Property Rights
The content on the Website, except Project Partner events (as defined below), including but not limited to without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Smith Farm Center, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as permitted by these Terms and Conditions, without the prior written consent of the respective owners. Smith Farm Center reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the 911artsproject.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the 911artsproject.com Website or the Content therein. You understand that when using the 911artsproject.com Website, you will be exposed to Project Partner Submissions from a variety of sources, and Smith Farm Center is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Project Partner Submissions. You further understand and acknowledge that you may be exposed to Project Partner Submissions that may be inaccurate, or that you may find offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Smith Farm Center with respect thereto, and agree to indemnify and hold Smith Farm Center, its Board, Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Information Collection and Use
If you send us an electronic mail message with a question or comment that contains personally identifying information we will only use the information to respond to your request. We may redirect your message to another organization or Project Partner that is in a better position to answer your question. If you provide us with your email address to sign up for The 9/11 Arts Project promotional materials we will not share that information with any outside parties-it will be retained for the sole use of Smith Farm Center, The 9/11 Arts Project, or its authorized agents.
External Links
Specific questions regarding Project Partner events/programs should be directed to the appropriate organization and not to The 9/11 Arts Project staff or Smith Farm Center. Smith Farm Center and The 9/11 Arts Project staff shall make reasonable efforts to independently verify, and do not exert editorial control over, information on Project Partner pages or pages outside of the http://www.911artsproject.com domain. Our site contains external links to other organizations and websites, and we do not control the use of data collection on external websites. We encourage you to read their policy statements and terms of use. This Terms & Conditions statement governs only this site. In no event shall Smith Farm Center be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or the material accessed through these linked sites. Smith Farm Center and The 9/11 Arts Project are not responsible for content posted through Twitter, Facebook, or third party services appearing on the 911artsproject.com Website.
Security
Although Smith Farm Center takes all measures to prevent unauthorized access to and maintain the accuracy of project data and information, no information transferred over the Internet is 100% secure. Smith Farm Center cannot guarantee the total security of information transmitted to us. By visiting the 911artsproject.com website you understand our limitations. If you have any questions about this Terms & Conditions document, please contact The 9/11 Arts Project staff by email at info@911artsproject.com or by mail: The 9/11 Arts Project, Smith Farm Center, 1632 U Street, NW, Washington, DC 20009.
Age of Majority
The website is designed to appeal to adults; Smith Farm Center does not knowingly solicit any information from children nor does Smith Farm Center knowingly market or otherwise target the 911artsproject.com Website to children. If Smith Farm Center becomes aware that you are under the legal drinking age in the country or other territory in which you are located at the relevant time and has registered without verifiable parental consent, Smith Farm Center will remove your personal information from our files and remove the Project Partner profile. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Indemnity
You agree to defend, indemnify and hold harmless Smith Farm Center, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the 911artsproject.com Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the 911artsproject.com website.
Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smith Farm Center without restriction.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE 911ARTSPROJECT.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SMITH FARM CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SMITH FARM CENTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 911ARTSPROJECT.COM WEBSITE. SMITH FARM CENTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE 911ARTSPROJECT.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SMITH FARM CENTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL SMITH FARM CENTER AND THE 9/11 ARTS PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORY MEMBERS, HONORARY COMMITTEE MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE 911ARTSPROJECT.COM WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE 911ARTSPROJECT.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SMITH FARM CENTER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.