Terms of Use | Wolf Trap

Welcome to wolftrap.org
This Terms of Use (“Terms of Use” or “Agreement”) governs the use of websites (“the Sites”) owned or operated by the Wolf Trap Foundation for the Performing Arts (the “Foundation”), including wolftrap.org, by all visitors to the Sites. As such, the Terms of Use constitutes a binding legal agreement between you (“User” or “You”) and the Foundation. By utilizing the Sites, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

The Foundation may amend or modify the Terms of Use at any time, and any such modification shall be effective immediately upon the posting of the modified Terms of Use. Users are responsible for checking the Terms of Use periodically for changes. Continued use of the Sites constitutes acceptance of the Terms of Use stated at the time of use.

Privacy
The Foundation collects information about the Users of the Sites. Collection and sharing of this information is governed by Foundation’s Privacy Policy. In the event that there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

User Conduct
User agrees that all information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of interactive features. By using the Sites, User agrees not to submit, post or transmit through the Sites any material or otherwise engage in any conduct that:

Violates any federal, state or local laws, or is prohibited by law;
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Allows User to gain unauthorized access to the Sites, or any account, computer system, or network connected to the Sites, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites;
Impersonates any person, business or entity, including the Foundation and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including the Foundation;
Contains an advertisement or solicitation;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
Damages, disables, overburdens, or impairs our servers or networks, or interferes with any other party's use and enjoyment of the Sites;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Permits any person to access, using User’s account, any features of the Sites that may require registration;
Results in a single message being posted to more than five areas of the Sites or affiliated websites, results in any message being posted to any area of the Sites if that message is, in the Foundation’s view, off-topic or in violation of these Terms of Use; or
Violates these Terms of Use, guidelines or any policy posted on the Sites.

User further agrees not to circumvent, reverse engineer, or modify, any of the technical controls, protections, or components of the Sites.

The Foundation shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with these Terms of Use. The Foundation reserves the right to expel users and prevent their further access to the Sites for violating these Terms of Use. User agrees that the Foundation shall not be liable to User or any third party for any termination of User’s access to the Sites. The Foundation further reserves the right to remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to the Sites, or a breach of any of these Terms of Use or any additional terms, policies, or rules available in or on the Sites. The Foundation’s failure to take, or delay in taking, any such actions shall not constitute a waiver of its rights to enforce such terms.

User Accounts
Certain portions of the Sites, such as My Wolf Trap, may require Users to register for a user account. If you choose to create a user account, you will be asked to select a user ID and a password as part of the registration process. User may not (i) select or use a user ID or e-mail address of another person with the intention of impersonating that person; (ii) use a user ID or e-mail address of anyone else without authorization; (iii) use a user ID in violation of the intellectual property rights of any person; or (iv) use a user ID that the Foundation considers to be offensive.

User agrees that User is solely responsible for maintaining the secrecy of his or her passwords and/or any account information in connection with the Sites, and for restricting access to his or her computer. User agrees that User is responsible for all statements made, and acts or omissions that occur, on User’s account while User’s password is being used. If User believes someone has used User’s password or account without User’s authorization, User must notify the Foundation immediately. The Foundation reserves the right to access and disclose any information, including, without limitation, user IDs of accounts and other information, to comply with applicable laws and lawful government requests.

Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on the Sites are the property of the Foundation, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without the Foundation's prior written permission. The use of the Foundation's Marks on any other website is prohibited.

The Foundation's marks include but are not limited to: Louisiana Swamp Romp℠, Wolf Trap Recordings℠, Artsplay!™, Baby Artsplay!™, Face of America™, The Barns at Wolf Trap™, Where the Arts Come Out to Play™, Wolf Head design, Wolf Trap™, and Wolf Trap Institute for Early Learning Through the Arts™.

Proprietary Rights to Content
All materials contained on the Sites are copyrighted except where explicitly noted otherwise.
© Wolf Trap Foundation for the Performing Arts. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, source code, music, sound, photographs, video, graphics or other material contained in the Sites ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

User understands that user shall have no ownership right, title, or interest in and to the Sites or the Content. User understands and agrees that User is permitted to use this Content only as expressly authorized by this Agreement and User may not copy, reproduce, distribute or create derivative works from this Content without the Foundation’s prior, express authorization.

User-Generated Content
Certain areas of the Sites may allow you to post your own content (“User-Generated Content”), which can be accessed and viewed by others. User may only post User-Generated Content to areas where User has permission to post. User may not post any User-Generated Content that violates these Terms of Use.

By submitting or otherwise posting User-Generated Content to the Sites, User hereby grants to the Foundation and its affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-Generated Content, including any message or any e-mail sent by User to us or posted on the Sites (in whole or in part), and/or to incorporate it in other works in any form, media or technology now known or later developed without the need to attribute authorship. User further grants the Foundation the right to sublicense, transfer or assign the rights granted herein through multiple tiers of sublicenses. User represents and warrants that User owns or otherwise has the right to grant such licenses and that User has not altered or deleted any copyright information attached to such User-Generated Content by the author or copyright owner. User agrees and acknowledges that User shall have no recourse against the Foundation for any alleged or actual infringement of any proprietary right in User’s User-Generated Content.

Children
The Sites are not intended for use by persons under the age of 13. By accessing and using the Sites, you have indicated that you are at least 13 years of age or older.

Third Party Sites
The Foundation provides Users with links to other websites and offers Users services and products through third party vendors who maintain their own sites for these services and products. For further detail on services or products offered through third part vendors, see the Privacy Policy.

These third party sites are not under the control of the Foundation and User acknowledges that, unless otherwise stated, the Foundation is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that the Foundation shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website.

Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE FOUNDATION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITES, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Warranties
The Foundation makes no warranty that the Sites will meet your requirements or that they will be uninterrupted, timely, secure or error free; nor does the Foundation make any warranty as to the results that may be obtained from the use of the Sites or as to the accuracy or reliability of any information obtained through the Sites. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, THE FOUNDATION PROVIDES THE SITES CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE FOUNDATION OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES CONTENT, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
User agrees, at User's expense, to indemnify, defend and hold harmless the Foundation, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of the Sites or any product or service related thereto.

Choice of Law & Arbitration
This Agreement and the relationship between User and the Foundation shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws provisions. Further, except where prohibited, User agrees that: (1) any and all disputes, claims and causes of action arising out of User’s use of the Sites or these Terms of Use shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Commonwealth of Virginia, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Sites, but in no event attorneys’ fees; and (3) under no circumstances will User be permitted to obtain awards for, and, by using the Sites waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or any rights and obligations arising from use of the Sites or these Terms of Use, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. Please note that this arbitration provision shall survive the termination of your relationship with us.

User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Assignment of the Agreement
The Foundation may assign these Terms of Use, in whole or in part, at any time with or without notice to you. Users may not assign these Terms of Use, or any part of these Terms of Use, to any other party. Any attempt by Users to do so is void.

Copyright Infringement Notification Process
Notification of a copyright infringement claim must be submitted to the following:

Beth Brummel
Vice President, External Affairs
Wolf Trap Foundation for the Performing Arts
1645 Trap Road
Vienna, Virginia 22182
Email: bethb@wolftrap.org

Phone: 703.255.1920

The notification must be in writing and include: 1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of each alleged infringing copyrighted work or works; 3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material; 4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address); 5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reservation of Rights
Any rights not expressly granted herein are reserved.

Effective Date: February 24, 2015

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