Last Updated on Monday, 16 May 2011 21:45
The term of these Terms and Conditions of Use begins upon your first access to this Web site and will end when terminated by either party. At any time, either party may terminate this agreement, with or without cause, by providing the other party with written notice of termination.
If you continue to access this Web site after submitting written notice of termination, such use shall be an intentional infringement of LCPA’s copyright. Accordingly, upon termination of this license, your use of this Web site must cease. In addition, upon termination, you shall immediately cease using and shall destroy all copies and partial copies in any form of Ancillary Software (as defined in paragraph 11 below) in your possession.
3. Intellectual Property
The design of this Web site and its content are the property of LCPA and are protected by copyright, trademark, and other intellectual property laws. LCPA authorizes you to view and download the content portion of this Web site for non-commercial, educational, and personal use only or for fair use as defined in the United States copyright laws, subject to any additional terms and restrictions which may be applicable to the individual file or program. Users must, however, retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials, and also, where applicable, must cite the author and source of the materials as they would material from any printed work, with citations which include the URL “www.lcinstitute.org.” Also, except as expressly authorized by us you agree not to sell, rewrite, modify, redistribute or rent any part of this Web site or any content presented to you through this Web site, in whole or in part.
LCPA does not warrant that use of the materials displayed on its Web site will not infringe the rights of third parties not owned by or affiliated with LCPA. For example, some materials may be under copyright by the artist or the artist’s heirs holding rights to these materials. Such materials may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.
You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this Web site or its content. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. Notwithstanding the above, specific portions of this Web site may permit the limited creation of derivative works by registered users. For example, a blog on this Web site may allow users to take content posted by other users, add to it, and then re-post the modified content. Users consent to the use of any content posted by such users, by LCPA, or by other users to create derivative works. By posting, content users also represent and warrant that they own or otherwise control all of the rights to the content that they posted and that they acquired such content through lawful means consistent with any policies set forth by LCPA in these Terms and Conditions or otherwise.
The display of any trade names, trademarks, service marks, logos, or domain names on this Web site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission, or other copying, modification, or use of trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws and could subject you to legal action.
LCPA has the right but not the obligation to monitor and edit or remove any activity or content. LCPA takes no responsibility and assumes no liability for any content posted by you or any third party.
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Web site, you do so at your own risk. LCPA does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.
YOUR ACCESS TO AND USE OF THIS WEB SITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. LCPA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE. THIS WEB SITE AND THE INFORMATION ON IT ARE PROVIDED "AS IS." LCPA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LCPA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THIS WEB SITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS, OR OMISSIONS IN THE WEB SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LCPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
LCPA SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE, OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF LCPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE LCPA FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEB SITE AND ITS CONTENT INCLUDING, WITHOUT LIMITATION, ANYTHING DOWNLOADED OR ACCESSED. LCPA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. LCPA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEB SITE. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THIS WEB SITE AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, WEB SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THIS WEB SITE AND/OR THOSE SERVICES.
Where applicable law does not allow the limitation or exclusion of implied warranties, some of the foregoing exclusions may not apply to you, and you might have additional rights. These disclaimers apply to all content (including, without limitation, user e-mails, discussion groups, chat rooms, blogs, picture and video posting forums, etc.), merchandise, and services available through this Web site.
You agree to defend, indemnify, and hold LCPA and its employees, agents, officers, directors, contractors, suppliers, constituents and other representatives, and the successors, heirs, and assigns of those parties, harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including, without limitation, reasonable attorneys' fees) in connection with or arising from your use of this Web site. LCPA may participate in the defense of any claim or action at your expense and any negotiations for settlement. LCPA reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option, or requiring performance shall be a waiver of that or any other right. LCPA also reserves all other rights not specifically granted in these Terms and Conditions of Use.
8. Links on This Web Site to Third Party Web Sites
This Web site may contain hyperlinks to Web sites operated by persons or entities other than LCPA. Such hyperlinks to other Web sites, whether to a home page or some other page on a Web site, are provided for your reference and convenience only. You agree not to hold LCPA responsible for the content or operation of such Web sites. A hyperlink from this Web site to another Web site does not imply or mean that LCPA endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web sites to which you might link from this Web site.
9. Links to This Web Site on Third Party Web Sites
Web sites operated by persons or entities other than LCPA may contain hyperlinks to this Web site. You agree not to hold LCPA responsible for the content or operation of such third party Web sites. A hyperlink to this Web site on another Web site does not imply or mean that LCPA endorses either the content of the Web site containing the hyperlink to this Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web sites which might link to this Web site.
10. Communications (e.g. Blogs, Interactive Forums, Social Networks, etc.)
You agree that you will not upload to, distribute, or otherwise publish on or through the Web site any slanderous, obscene, offensive, libelous, defamatory, or unlawful material. You are solely responsible for any content you post to this Web site and represent and warrant that such content (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance, or regulation (including, without limitation, those governing import/export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; (e) shall not constitute any form of advertising or solicitation (including, without limitation, charitable solicitations, “chain letters,” or “pyramid schemes”); (f) shall not contain personal or identifying information of another person without that person’s explicit consent; (g) shall not contain unreasonably large amounts of data; (h) shall not constitute any form of spamming; (i) shall not incite, encourage, or threaten immediate physical harm against another; and (j) shall not present an immediate and genuine danger to another person or entity.
Via blogs and other interactive portions of this Web site, LCPA may be a distributor of content provided by third parties. Accordingly, any opinions, advice, statements, services, or offers expressed by third parties are the opinions, advice, statements, services, or offers of those third parties alone and do not necessarily represent the views of LCPA.
LCPA does not necessarily adopt, endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on any of its forums or blogs or otherwise contained within this Web site.
You expressly acknowledge and agree that this Web site is a public service, and that once you submit content for inclusion into the Web site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such content, including, without limitation, any personally identifying information that you may make available online. If the Web site provides you with the option of limiting the sharing of a particular piece of your content at a particular time, LCPA will honor the option you have selected for that piece of your content at that time, but any such selection shall apply only to that particular piece of your content and not more generally to your content across the Web site.
The right to use all interactive portions of this Web site is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account(s) (under any screen name (including, without limitation, an anonymous or guest screen name) or password) and for ensuring that all use of such account(s) complies fully with the provisions of these Terms and Conditions of Use. You are responsible for protecting the confidentiality of your password(s), if any. Impersonation of any other person or falsely stating or otherwise misrepresenting your age, gender, or affiliation with a person or entity is strictly prohibited on this Web site, as is stalking or otherwise harassing anyone via any interactive services available via this Web site.
You must be thirteen or over to register an account with this Web site. If you are under thirteen years of age, you should not provide any personally identifiable information (for example, your last name, home address, or e-mail address) on this Web site without the knowledge and permission of your parent or guardian. We do not knowingly collect or retain personally identifiable information from children under thirteen years of age.
LCPA may provide software to you for use in support of this Web site and the services offered to you via this Web site (“Ancillary Software”). You are permitted to use this Ancillary Software exclusively for its intended purpose in connection with this Web site only, and for no other purpose. Additional terms may apply in connection with the use of the Ancillary Software and such terms should be reviewed prior to the use or downloading of any such Ancillary Software.
Any Ancillary Software from this Web site may be subject to United States export controls and, potentially, the import laws of your jurisdiction. No Ancillary Software from this Web site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using Ancillary Software from this Web site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
12. Advertising Rights
LCPA reserves and has the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with any content submitted by you for inclusion into the Web site, and LCPA will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms and Conditions of Use obligates or may be deemed to obligate LCPA to sell, license, or offer to sell or license any advertising, promotion, or distribution rights.
13. Monitoring; Editing/Deleting Content
LCPA has the right, but not the obligation, to monitor the content of all interactive portions of the LCPA Web site, including any blogs, forums, or other interactive social networks, to determine compliance with these Terms and Conditions of Use and compliance with any other rules established by LCPA, and to satisfy any law, regulation, or authorized government request. LCPA has the right in its sole discretion to edit, refuse to post, or remove any materials submitted to or posted on this Web site. Without limiting the foregoing, LCPA has the right to remove any material that LCPA, in its sole discretion, finds to be in violation of the provisions hereof or finds otherwise objectionable.
14. Right to Access
LCPA reserves the right to prevent and/or prohibit access to this Web site or any Web site within its network by anyone for any reason, without notice, consistent with applicable law. You acknowledge that use of this Web site or network is a privilege and that your rights to free speech are not violated if LCPA decides to terminate your account or access to this Web site. If these terms are not acceptable to you, please do not continue to access this Web site or your account, because continued use is deemed to constitute your acceptance of these Terms and Conditions of Use.
15. Account Termination
LCPA may terminate your account for any reason, at any time.
LCPA has the right to immediately terminate your account, without notice, in the event of any conduct by you which LCPA, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms and Conditions of Use. All provisions of these Terms and Conditions of Use not specifically pertaining to a user with a LCPA account shall survive termination of the account. LCPA also has the right to discontinue any portion of its Web site, including, without limitation, any blog, picture or video posting forum, social network, Web page, or service, at any time and for any reason.
16. International Visitors
LCPA makes no representation that materials on this Web site are appropriate or available for use in locations outside the United States. If you access this Web site from outside the United States you are responsible for compliance with local laws.
17. Choice of Law and Forum
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America. LCPA makes no representation that materials on this Web site are appropriate in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this Web site shall be in the state or federal courts located in the County of New York in the City of New York, and you further agree and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action.
18. Waiver of Class Action Rights
By entering into these terms and conditions, you hereby irrevocably waive any right you have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with these terms and conditions must be asserted individually.
19. Procedure for Making Claims of Copyright Infringement
DMCA: Digital Millennium Copyright Act Notice and Policy
LCPA respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that LCPA directly makes available on its Web site, and we require our users to do the same. LCPA will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content under the DMCA, LCPA will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. You may use the notification process below to alert us to claims of infringement other than copyright, but such notifications are not covered by the DMCA and will be governed by our Terms and Conditions of Use.
Attn: General Counsel
c/o Legal Department
Lincoln Center for the Performing Arts, Inc.
70 Lincoln Center Plaza
New York, NY 10023
Please include the following information in your notice:
a) Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as by supplying a link to such materials, pointing to a specific Web page containing such materials, or supplying the profile name of any user posting any infringing materials);
c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address at which you may be contacted;
d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
e) Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law";
f) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
g) Your physical or electronic signature (i.e., "/s/ [print name]"); and(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws. DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
Attn: General Counsel
c/o Legal Department
Lincoln Center for the Performing Arts, Inc.
70 Lincoln Center Plaza
New York, NY 10023
Please include the following information in your counter-notification:
a) List the material that was removed by the LCPA administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
b) Provide your name, address, telephone number, and e-mail address (if available);
c) State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you reside (or New York, New York if your address is outside of the United States);
d) State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
e) State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
f) Your physical or electronic signature (i.e., "/s/ [print name]").
Prior to filing a notice or counter-notice, LCPA suggests that you consult your legal advisor and that you refer directly to the Digital Millennium Copyright Act and all amendments thereto, a copy of which may be located at the United Stated Copyright Office.