Ownership of Site
This Site is owned and operated by Cooney Center, a nonprofit educational organization with charitable, tax-exempt status with offices at One Lincoln Plaza, New York, NY 10023, USA, 212-595-3456, email@example.com. Cooney Center and/or its parent, subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively “Cooney Parties”) own the copyright in all elements of this Site and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of this Site (collectively, “Site Content”) include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Site. Your use of the Site does not give you ownership of any Site Content. All trademarks, logos, service marks and trade names displayed on the Site or on Site Content are registered or unregistered trademarks of Cooney Center and/or the Cooney Parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site.
Use of Site Content
Except as specifically stated on the Site, you may access and view the Site Content only for your personal, noncommercial use on a personal computer or other Internet compatible device to enable you to use the Site, provided that you do not remove or alter any copyright or other legal notices from any Site Content. You may not (except where we have given you express permission to do so or you are otherwise permitted to do so by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell or make other use of any of the Site Content. Any use of the Site Content, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable federal or state laws of the United States or other countries.
You acknowledge and agree that your access to and use of the Site, the Site Content and the services provided through the Site are valuable benefits that you receive by agreeing to and complying with the terms and conditions of this Agreement.
All submissions to the Challenge, including our acceptance and use of such submissions, is governed by the rules of each of the different categories of the Challenge (the “Challenge Rules”). Other than your entry into the Challenge, we do not ask for nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by email or in any other way. With the exception of any submissions that you may make to the Challenge, if you otherwise post, upload, transmit or submit any materials, content, information or ideas to Cooney Center (“Your Content”), (i) you represent and warrant that Your Content is original to you, that no other party has any rights to Your Content, and that any “moral rights” in Your Content have been waived, and (ii) you grant to Cooney Center a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works from, sell and otherwise use Your Content for any purpose Cooney Center chooses, commercial or otherwise, in its sole discretion, without any compensation to you. We cannot be responsible for maintaining Your Content that you provide to us, and we may delete or destroy Your Content at any time.
Prohibited User Conduct
You warrant and agree that, while accessing or using the Sites, including your participation in the Challenge, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the Challenge, the Cooney Center or the Cooney Parties;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Site Content, materials or services or as part of any Challenge submissions;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Sites;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site or for the Challenge, or obtaining lists of users or other information from or through the Site or the Challenge, including, without limitation, any information residing on any server or database connected to the Site or part of the Challenge;
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or the Challenge, or interfere with any other party’s use and enjoyment of the Site or ability to participate in the Challenge, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Site or its services in violation of the intellectual property or other proprietary or legal rights of Cooney Center or the Cooney Parties or any third party;
- use the Site or its services in violation of any applicable law; or
- attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or its services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Site and participating in the Challenge.
Links From This Site to Third Party Sites
Links To This Site From Third Party Sites
You agree that if you include a link from any other web site to this Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Site in any manner such that this Site, or any page of this Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to this Site be discontinued, and to revoke your right to link to this Site from any other web site at any time upon written notice to you.
You agree to indemnify and hold harmless Cooney Center and the Cooney Parties from and against any claims, liabilities and expenses (including reasonable legal fees) that may arise from your use of this Site in any way or from your breach of the terms of this Agreement.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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 authorized to act on the copyright owner’s behalf.
Copyright Agent: David K. Chan, One Lincoln Plaza, New York, NY 10023, Voice: 212-875-6247; Fax: 212-875-6117; e-mail: firstname.lastname@example.org.
General Disclaimer and Limitation of Liability
Cooney Center controls and operates the Site from offices in the United States of America. We make no representation that Site Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access this Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
This Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. Cooney Center specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at this Site.
Cooney Center does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Site Content. We have tried to ensure that all the Site Content provided on the Site is correct at the time of publication. However, no responsibility is accepted by or on behalf of Cooney Center for any errors, omissions or inaccurate Site Content on the Site.
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. COONEY CENTER DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL COONEY CENTER OR THE COONEY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT FOR IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, IN NO EVENT SHALL COONEY CENTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR OTHER ACTIVITIES ON THE SITE.
Except as otherwise restricted in the Challenge Rules, you agree that Cooney Center may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.
Neither party is responsible for any breach of this Agreement caused by circumstances beyond its reasonable control.
This Agreement is governed by and is construed in accordance with the laws of the State of New York, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to your use of this Site. Notwithstanding the foregoing, Cooney Center shall have the right to bring action against visitors of the Site in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such visitor, (ii) to obtain a judgment against such visitor where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a New York court. If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and Cooney Center with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cooney Center with respect to this Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to Cooney Center.
Effective date: February 11, 2013