Terms & Conditions

TERM AND CONDITIONS OF USE

We thank you for visiting www.sewardjohnsonatelier.org (the “Website”).  The Seward Johnson Atelier, Inc. (“TSJA”) provides the Website as a service to its users. Please review the following Terms and Conditions (the “Terms”) that govern your use of the Website, and note that your use of the Website constitutes your agreement to follow and be legally bound by these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
Your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are bound to the Terms. TSJA may revise these Terms at any time, including as new features are added to the Website or as Internet law and standards evolve.  Therefore, you should visit this page periodically to review the Terms. Should you have any questions concerning these Terms, or any of TSJA’s policies, please contact us at: info@sewardjohnsonatelier.org.

By uploading content and/or personal information to the Website you also represent that you are at least 13 years of age.  TSJA does not knowingly collect personally identifiable information from users under the age of 13.  Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted or retained by us.  YOU MAY NOT UPLOAD CONTENT OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.

LEGAL INFORMATION / USE OF THE WEBSITE.
The Website is owned and operated by TSJA, located at 14 Fairgrounds Road, Hamilton, New Jersey 08619.  Unless otherwise noted, all content posted on the Website is:
Copyright ©2016 The Seward Johnson Atelier, Inc.

If you believe your work has been posted on the Website in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.

All design and content featured on the Website, including navigational buttons, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by TSJA.  The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by TSJA.

The contents of the Website, and the Website as a whole, are intended solely for your personal, noncommercial use or for noncommercial educational use.  Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial or educational and noncommercial is prohibited without the express prior written permission of TSJA, in each instance.  TSJA grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use or for noncommercial educational purposes only.  Unless otherwise specifically provided for herein, any reproduction of any content on the Website for any third party other than yourself is prohibited and constitutes copyright infringement.  All other rights are expressly reserved to TSJA.

You agree that you will not access or use the Website in any manner that could damage, disable, impair, interfere with or cause undue burden on the Website and/or its host, servers, network, systems or other users, including, but not limited to, the transmittal of any virus or worm to the Website, the use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

INTELLECTUAL PROPERTY

USER-PROVIDED CONTENT.
TSJA does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “User Content”) that you upload to the Website.  Notwithstanding the foregoing, by uploading, displaying or posting any User Content on or through the Website, you hereby grant to TSJA and its licensees, an irrevocable, world-wide, royalty-free, non-exclusive, fully sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit, create derivatives, and/or otherwise use such User Content in all media now known or hereinafter created throughout the Universe, in connection with the educational, marketing, advertising, promotion, archiving and fund raising efforts of TSJA.

This license will remain in full force and effect for the term of the copyright in such User Content, including any renewals thereof.  You grant TSJA, its officers, employees, affiliates, licensees and assigns, including, but not limited to, any third-party service providers who provide content management services to TSJA, the right to use your username, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

You represent and warrant that: (i) you own the User Content uploaded by you on or through the Website, or otherwise have the right to grant the license set forth in this section; and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or any other rights of any person or entity. You agree to be responsible for the compensation of any and all royalties, fees, and/or any other monies owing or found to be owed to any person or entity by reason of the posting and/or use of any User Content uploaded by you to or through the Website.

Unless otherwise provided herein, content, other that User Content, posted by TSJA on the Website (“TSJA Content’) is protected by copyright, trademark, patent, trade secret and other laws, and TSJA owns and retains all rights in and to the TSJA Content.  TSJA hereby grants to you a limited, revocable, non-sublicenseable, non-transferrable, royalty-free license to reproduce and display TSJA Content (excluding any software code) solely for your personal use in connection with viewing and using the Website.

The Website may also contain content posted by other users and content licensed by TSJA from third parties (“Licensed Content”).  You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Licensed Content appearing on or through the Website.

You agree that TSJA may edit and/or delete any User Content posted on the Website that, in the sole judgment and discretion of TSJA, is undesirable, violates these Terms and/or the purposes of the Website and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity.  TSJA assumes no responsibility for monitoring the Website for inappropriate User Content or conduct, and such User Content or conduct does not necessarily reflect the opinions or policies of TSJA.  If at any time TSJA chooses, in its sole discretion, to monitor the Website, TSJA nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.

You are solely responsible for the User Content that you post on or through the Website, and any material or information that you transmit to other users of the Website, and for your interactions with other users.  TSJA does not endorse, and has no control over or responsibility for, any User Content.

COPYRIGHT POLICY.
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to TSJA or any third party on the Website without obtaining the prior written consent of the owner the rights in and to such proprietary material or information, unless otherwise permitted herein. It is the policy of TSJA to terminate the privileges of any user of the Website who infringes the copyright rights of others upon receipt of prompt notification to TSJA by the copyright owner or the copyright owner’s legal agent.

DMCA NOTICE & TAKE-DOWN PROCEDURE.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) a description of the copyrighted work that you claim has been infringed; (ii) a description, including the URL, of where the material that you claim is infringing is located on the Website; (iii) your address, telephone number, and e-mail address; (iv) a written 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; (v) 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; and (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
TSJA’s Copyright Agent for notice of claims of copyright infringement is Lynn Declemente, who can be reached as follows: by e-mail at ldeclemente@sewardjohnsonatelier.org, by telephone at (609) 890-7777, by fax at (609) 689-9046 or by mail at 60 Sculptors Way, Hamilton, NJ  08619.

PRIVACY.
Use of the Website is also governed by our Privacy Policy, located on the Website and incorporated into these Terms by this reference: [enter URL for Privacy Policy].

CONTENT/ACTIVITY PROHIBITED.
The following is a partial list of the kind of User Content that is illegal and/or prohibited to post on or through the Website. TSJA reserves the right to investigate and take appropriate legal action against anyone who, in TSJA’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website, terminating the membership or access of such violators and/or reporting violators to law enforcement authorities. Prohibited User Content includes, but is not limited to, User Content that, in the sole discretion TSJA:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person or entity;
  • exploits any person in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • promotes information that the user knows is false or misleading and/or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personal identifying information from other users of the Website;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person’s consent; or
  • uses the Website in a manner that is inconsistent with any applicable laws and regulations.

USER DISPUTES.
You are solely responsible for your interactions with other users of the Website. TSJA reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.

DISCLAIMERS & LIMITATIONS OF LIABILITY
Due to the unpredictability of technology and the online environment, TSJA expressly disclaims any warranty that the function or operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful elements.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.  TSJA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, EVEN IF TSJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS.)  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TSJA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TSJA FOR PRODUCTS OR SERVICES PROVIDED BY TSJA.

TSJA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.”  TSJA MAKES NO WARRANTY OF NONINFRINGEMENT.  TSJA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF THE WEBSITE, OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.

TSJA is not responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users or by any of the equipment or programming associated with or utilized in connection with the Website.  Users of the Website may provide links to other websites.  TSJA is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TSJA. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by TSJA.  TSJA assumes no responsibility for third party advertisements which are posted on the Website, nor does it take any responsibility for the goods or services provided by its advertisers. TSJA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.  Under no circumstances shall TSJA be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, attendance at a TSJA event, from any content posted on or through the Website, or from the conduct of any Users of the Website, whether online or offline.

TSJA makes no warranties, express or implied, as to the USER Content or to the accuracy and reliability of the USER Content or any material or information that you or other USERs transmit to each other.

INTERNATIONAL USE.
You agree to comply with all local rules regarding online conduct, and to provide only acceptable User Content. Specifically, you agree to comply with all applicable laws, including applicable privacy laws, regarding the transmission of technical data exported from the United States or the country in which you reside.

ERRORS OR INACCURACIES
TSJA endeavors to present the most accurate, and reliable information possible on the Website at all times.  However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. TSJA reserves the right to amend errors or to update product information at any time without prior notice. In the event a product on the Website is listed at an incorrect price for any reason, TSJA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TSJA shall issue a credit to your credit card account in the amount of the incorrect price.

AVAILABILITY
Many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When an item featured on the Website is no longer in stock, TSJA makes every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us by e-mail at info@sewardjohnsonatelier.org.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TSJA, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against any and all liabilities, claims, demands, claims, disputes, losses, expenses, damages and costs of any kind, including without limitation reasonable attorneys’ fees and costs, made by any third party and resulting from or in any way connected with your use of the Website and/or any breach of your representations and warranties, including relating to any User Content that you post on the Website, and/or any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

CORRESPONDENCE
Although we will make every effort to respond quickly to applicable e-mail messages, TSJA is under no obligation to respond to all correspondence it receives, to maintain your submitted comments in confidence, or to pay compensation of any kind for the reproduction or any other use of your comments or submissions to the Website.  Therefore, while we welcome your comments and feedback, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to TSJA shall become and remain the property of TSJA, except as otherwise set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

FORCE MAJEURE
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of TSJA is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of TSJA, then TSJA shall not be responsible to you for any failure or delay in the performance of its obligations.

NO ASSIGNMENT
You may not assign your rights or obligations under this Agreement without the prior express written consent of TSJA.

JURISDICTION AND VENUE.
If there is any dispute about or involving TSJA and the Website, you agree that the dispute shall be governed by the laws of the United States, including U.S. copyright and trademark laws, and with the laws of the State of New Jersey, U.S.A., without regard to choice of law provisions.  Further, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in New Jersey.

ENTIRE UNDERSTANDING
These Terms constitutes the entire agreement between you and TSJA regarding the use of the Website.

NO WAIVER
Any failure of TSJA to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
HEADINGS
The section titles in these Terms are for convenience only and have no legal or contractual effect.

SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful, void or unenforceable, by a court of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is severed under the terms of this provision, you acknowledge and agree that the court should endeavor to give effect to the intentions as reflected in the severed provision, and the other provisions of these Terms remain in full force and effect.

STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS OF TERMS.
Please report any violations of these Terms to us by e-mailing us at info@sewardjohnsonatelier.org.

Effective date: February 12, 2016

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