Effective Date: May 21, 2021
By using our Website or App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website or App.
ACCESSING OUR WEBSITE/APP AND SECURITY
We reserve the right to withdraw or amend our Website and/or App, and any service or material we provide on the Website or App, at our sole discretion without notice. We will not be liable if for any reason all or any part of our Website or App become unavailable at any time or for any period. From time to time, we may restrict access to some part of our Website or App or the entirety of our Website or App, to users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website and App; and
REGISTRATION AND MEMBERSHIP RIGHTS
In order to support the work of The Green-Wood Historic Fund, you may choose to become a member (“Member” or “Membership”). Our Members make so much of what we do at Green-Wood possible. In exchange for your membership, you will have access to certain benefits, which may be changed by Green-Wood without advanced notice. In registering as a Member, you agree: (1) to provide true, accurate, current and complete information about yourself as prompted by the registration data; (2) to maintain and promptly update your registration data to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your Membership credentials, and are solely responsible for all activities that occur using your Membership credentials. We have the right to terminate any transaction which we reasonably determine may have been used by an unauthorized third party.
LICENSES AND RESTRICTIONS
Subject to the terms and conditions herein, Green-Wood grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad, or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Website, Apps, back-end databases or Services (collectively, the “Green-Wood Properties”) or any portion of the Green-Wood Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Green-Wood Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Green-Wood’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Green-Wood Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Green-Wood Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Green-Wood Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Green-Wood Properties; and (i) you shall not use the Green-Wood Properties for any illegal or unlawful purpose. Any unauthorized use of the Green-Wood Properties terminates the licenses granted by Green-Wood pursuant to the Terms.
All updates and upgrades to the App will be governed by the version of these Terms published by Green-Wood as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.
OWNERSHIP RIGHTS AND LICENSE
Any design, layout, logo, text, code, and graphics contained within the App and Website (the “Green-Wood Content”) is, and shall remain the sole property of the Company and is subject to protection under U.S. and foreign copyright or trademark laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Green-Wood.
INTELLECTUAL PROPERTY RIGHTS
Certain components of our Website and App are owned by Green-Wood, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of our Website or App for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from our Website or App;
- Use any illustrations, photographs, video or audio sequences, or any graphics not subject to open license exclusions separately from the accompanying text.;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website or App.
You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App.
If you wish to make any use of material on the Website or App other than that set out in this section, please address your request to: email@example.com.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
- To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Green-Wood, a Green-Wood employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing.)
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm Green-Wood or users of the Website or App, or expose them to liability.
Additionally, you agree not to:
- Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
- Use any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
- Use any device, software, or routine that interferes with the proper working of the Website or App.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website or App, the server on which the Website or App are stored, or any server, computer, or database connected to the Website or App.
- Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website or App.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on our Website or App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CHANGES TO OUR WEBSITE OR APP
We may update the content on our Website or App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website or App may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE AND USE OF OUR APP
LINKING TO THE WEBSITE OR APP AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Website and App may provide certain social media features that enable you to:
- Link from your own or certain third-party Website or App to certain content on our Website or App;
- Send emails or other communications with certain content, or links to certain content, on our Website or App;
- Cause limited portions of content on our Website or App to be displayed or appear to be displayed on your own or certain third-party Website or App.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our Website, App or portions of them to be displayed on, or appear to be displayed, by any other site, for example, framing, deep linking or in-line linking;
- Link any part of our Website or App other than the homepage;
The owner of our Website and App is based in the State of New York in the United States. We make no claims that the Website or App or any of their content is accessible or appropriate outside of the United States. Access to our Website and App may not be legal by certain persons or in certain countries. If you access our Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON EITHER WEBSITE, OR ON ANY WEBSITE LINKED TO THEM. YOUR USE OF THE WEBSITE, APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE AND APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR APP OR APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY WEBSITE OR APP LINKED TO IT, ANY CONTENT ON THE WEBSITE OR APP OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
GOVERNING LAW AND JURISDICTION
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to the Website or App should be directed to: firstname.lastname@example.org.