Welcome to the website of the Cultural Treasures Foundation™, a nonprofit charitable and educational organization with its offices at 1233 20th Street NW, Suite 703, Washington DC 20036 (the “Foundation”). These Terms of Use relate to the use of the Foundation’s website, www.culturaltreasures.org (the “Site”), as well as any other media now existing or hereafter created through which we offer Foundation content now or in the future (collectively the “Foundation Media”). Please take a moment to review these Terms of Use, which represent an agreement between the Foundation (sometimes referred to as “we”), and you, the end user (referred to herein as “you,” “your,” or the “user”). By using, visiting or accessing the Foundation Media, you signify your acceptance of, and agree to be bound by, these Terms of Use and the Foundation Privacy Policy, which explains our use of your information and which is incorporated herein by reference. These Terms of Use and the Privacy Policy are sometimes referred to collectively as the “Policies.” If you do not agree to be bound by the Policies, please immediately discontinue your use of the Foundation Media.
Please know that we may amend these Terms of Use and the Privacy Policy at any time and from time to time. Each time you use or visit any of the Foundation Media, you will be deemed to have accepted any such changes. The Foundation shall have no obligation to notify you of any such changes other than posting such modifications on the Site. Therefore, you should review these Terms of Use and the Privacy Policy each time you use any of the Foundation Media. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the bottom of this page. These Terms of Use do not extend to any third-party websites that may be accessed via the Foundation Media, and you are cautioned to consult the terms and conditions governing the use of any such third-party websites.
All materials contained in the Foundation Media, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like (which we call the "Content"), is protected by copyrights, trademarks, service marks and other proprietary rights and laws of the United States or other countries. You acquire no rights or licenses to the Content other than the limited rights to use it in accordance with these terms, and you agree to abide by all posted copyright notices or restrictions relating to the Content.
Except as otherwise indicated, the Foundation is the owner of the copyright in the Content and the Foundation reserves all rights in that regard. The Foundation also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Content. Any commercial use of the Content is prohibited without the prior written consent of the Foundation. Except as otherwise indicated, the Foundation owns or is licensed to use all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. The Foundation’s trademarks and service marks, including without limitation the word mark CULTURAL TREASURES FOUNDATION and the Foundation design mark (the “Foundation Logo”), are used to identify the Foundation and its activities. Use of the word mark is permissible to the extent allowed by fair use principles, but use of the Foundation Logo is subject to our prior written authorization. Only the Foundation can grant authorization for use of the Foundation Logo. For written permission to use the Foundation Logo, please contact us at culturaltreasures@lutzker.com.
The Foundation is committed to respecting the intellectual property rights of authors and creators and requires that users of the Foundation Media do the same. If you believe that material made available through the Foundation Media violates your copyright or that of someone on whose behalf you are authorized to act, please send a written communication containing the information set forth in Section 512(c) of the Copyright Act to the Foundation’s designated Copyright Agent as follows:
Susan J. Lutzker
Lutzker & Lutzker LLP
1233 20th Street NW, Suite 703
Washington, DC 20036
Tel: 202-408-7600
Fax: 202-408-7677
Email: susan@lutzker.com
The Foundation Media may provide links to other websites or resources. Because the Foundation has no control over such sites and resources, you acknowledge and agree that the Foundation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your business dealings with any third parties through the Foundation Media and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
YOUR USE OF THE FOUNDATION MEDIA OR ANY WEBSITE TO WHICH THE FOUNDATION MEDIA ARE LINKED IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FOUNDATION MEDIA OR THE CONTENT AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RELATING TO THE SITE, THE CONTENT, OR ANY WEB SITE TO WHICH THEY ARE LINKED. THE FOUNDATION DOES NOT WARRANT THAT THE FOUNDATION MEDIA ARE FREE FROM VIRUSES OR WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR THROUGH OR FROM THE FOUNDATION MEDIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOUNDATION STRONGLY RECOMMENDS THAT YOU INDEPENDENTLY VERIFY ANY INFORMATION UPON WHICH YOU CHOOSE TO RELY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You further understand and agree that neither the Foundation nor its subsidiaries or affiliates, or their respective officers directors, employees or agents will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Foundation Media, including, without limitation, your violation of a third-party intellectual property right based on your use of the Foundation Media. Without limiting the foregoing, you understand and agree that neither the Foundation nor its subsidiaries or affiliates or their respective officers, directors, employees or agents are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Foundation Media.
You agree to defend, indemnify, and hold harmless the Foundation, its affiliates and subsidiaries, and all of their respective officers directors, employees and agents from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including litigation expenses and reasonable attorneys’ fees) relating to or arising from your use of the Foundation Media, including with respect to User Submissions (as such term is defined below), and any breach by you of these Terms of Use. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. This obligation will survive these Terms of Use and your use of the the Foundation Media.
IN NO EVENT SHALL THE FOUNDATION, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FOUNDATION MEDIA, THE CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.
The Foundation welcomes your feedback and suggestions about how to improve the Foundation Media. By transmitting any suggestions, information, material, or other content (collectively, "User Submissions") to the Foundation, you automatically grant the Foundation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display the User Submissions (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Submissions. Further, the Foundation is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Foundation Media for any purpose whatsoever, including but not limited to creating and marketing products and/or services using such information. The Foundation is not responsible and shall not be liable for the contents of User Submissions posted to the Site. By making User Submissions, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorizethe Foundation to use all copyright, patent, trademark, trade secret or other proprietary rights in and to your User Submissions. YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT (I) IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR (II) OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY.
These Terms of Use will be governed by and construed in accordance with the laws of the District of Columbia, without reference to its choice of law rules. By accessing, viewing, or using the material in the Foundation Media, you consent to the exclusive jurisdiction of the federal and state courts presiding in the District of Columbia, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Foundation Media are controlled and operated from within the United States. The Foundation makes no representation that materials in the Foundation Media are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Foundation Media from other locations do so of their own volition and are responsible for compliance with applicable local laws. You agree that the Site and any other element of the Foundation Media are a passive service that does not give rise to personal jurisdiction over the Foundation or its affiliates or their respective directors, officers, employees or agents, either specific or general, in jurisdictions other than the District of Columbia.
Any cause of action between the Foundation and the user must commence within one (1) year after the cause of action accrues; otherwise the cause of action is permanently barred.
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between the Foundation and its users. If any portion of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms and conditions, which shall remain in full force and effect. In the event that the Foundation fails to enforce any of these terms and conditions, such failure does not constitute a waiver. Moreover, any explicit waiver made by the Foundation as to any term or condition does not constitute a waiver of any other term or condition. The user may not transfer any of his or her rights or obligations to anyone else without the Foundation’s written consent. The Foundation retains the right to freely assign its own rights and obligations.
If you have any questions concerning these Terms of Use, please contact us.
Effective: January 11, 2016
Last Updated: January 11, 2016