Agreement between user and www.stormking.org
Welcome to www.stormking.org. The www.stormking.org website (the “Site”) is comprised of various web pages operated by Storm King Art Center (“Storm King”). www.stormking.org is offered to you based on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.stormking.org constitutes your Agreement to all such Terms. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. Please read these terms carefully, and keep a copy of them for your reference.
Storm King Art Center is a New York nonprofit 501(c)3 educational nonprofit.
Visiting www.stormking.org or sending emails to Storm King constitutes electronic communications. You consent to receive electronic communications and you agree that all Agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Storm King does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use www.stormking.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.stormking.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Storm King and Storm King is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Storm King is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Storm King of the site or any association with its operators.
Certain services made available via www.stormking.org are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.stormking.org domain, you hereby acknowledge and consent that Storm King may share such information and data with any third party with whom Storm King has a contractual relationship to provide the requested product, service, or functionality on behalf of www.stormking.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Storm King’s express written consent.
All content included as part of the Service, such as text, graphics, logos, and images, as well as the compilation thereof, and any software used on the Site, is the property of Storm King, its suppliers, or third party copyright holders and is protected by copyright and other laws that protect intellectual property and proprietary rights (“Protected Content”). You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Storm King content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Protected Content solely for your personal use, and will make no other use of the content without the express written permission of Storm King and the copyright owner. You agree that you do not acquire any ownership rights in any Protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Storm King or our licensors except as expressly authorized by these Terms.
Third Party Accounts
Where available, you will be able to connect your Storm King account to third party accounts. By connecting your Storm King account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by Storm King from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Storm King Content accessed through www.stormking.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Storm King, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Storm King reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Storm King in asserting any available defenses.
Breaches of These Terms and Conditions
Without prejudice to Storm King’s other rights under this Agreement, if you breach these terms and conditions in any way, Storm King may take such action as Storm King deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STORM KING ART CENTER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STORM KING ART CENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. STORM KING ART CENTER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Storm King reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Storm King as a result of this Agreement or use of the Site. Storm King’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Storm King’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Storm King with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and Storm King with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Storm King with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Changes to Terms
Storm King reserves the right, in its sole discretion, to change the Terms under which www.stormking.org is offered. The most current version of the Terms will supersede all previous versions. Storm King encourages you to periodically review the Terms to stay informed of our updates.
Storm King welcomes your questions or comments regarding the Terms:
Storm King Art Center
Attn: Director of Legal Affairs and Operations
1 Museum Road
New Windsor, NY 12553
Effective as of January 1, 2018