Whiting Foundation Terms of Use

Last Updated November 19, 2014

Welcome to the website (“Site”) of the Whiting Foundation (“Foundation,” “we,” “us”).

The Site is intended to celebrate and promote the humanities and literature, including the Whiting Awards and the Foundation’s other programs and the work of our awardees and grantees.  Please read these Terms of Use (“Terms”), which include our Privacy Statement.  By using our Site you agree to these Terms.  If you do not agree, you are not authorized to use our Site.  We may change the Terms in our sole discretion by posting an updated version on the Site, and the updated Terms will be effective immediately upon posting. If we decide that it is appropriate, we may also provide additional notice of more significant changes.  By continuing to use the Site after we post updated Terms, you agree to the updated Terms.

Privacy Statement

Please carefully review our Privacy Statement, which is a part of these Terms.

Site Content; Marks

The Site and its content (“Site Content”) are protected by copyright of the Foundation and other parties.  You may not copy, distribute, transmit, modify, publicly display or perform Site Content in any manner without prior written consent of the Foundation, or, as applicable, the copyright owner.  You may access and use the Site only for your personal, non-commercial purposes (e.g., research or private study).  You must obtain prior written permission from the Foundation or the owner of the copyright in the materials to use any Site Content in any other manner.

The Foundation retains all rights in its name, trademarks, and other indicia of source (“Foundation Marks”).  You may not use Foundation Marks in connection with any product or service or in any manner that is likely to cause confusion about source, affiliation, or sponsorship.

We reserve the right in our sole discretion to block access to the Site at any time: (1) if we suspect that you have not complied with these Terms; or (2) for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Site in any way that violates these Terms or any applicable laws or regulations.

Links

We may provide links to other web sites, such as web sites on which you may purchase Whiting Award winners’ books.  We provide these links for information only, and they do not imply that we endorse or sponsor the other sites in any way.  We exercise no control over other sites and are not responsible or liable for the content or activities on them. You use other sites solely at your own risk.  

Indemnification

You agree to indemnify the Foundation and its affiliates and their respective directors, members, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees) that any of them may incur arising out of, or alleged to arise out of: (1) your acts or omissions in connection with your use of the Site in any way; (2) your violation of these Terms; or (3) your breach of any representation, warranty,  covenant or obligation in these Terms.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL SERVICES AND CONTENT ASSOCIATED WITH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOU USE THE SITE AT YOUR SOLE RISK.  THE FOUNDATION AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE (OR ANY SERVICES OR CONTENT) WILL BE UNINTERRUPTED, SECURE, OR ACCURATE.  THE FOUNDATION AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM ANY PERSON’S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE.  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.  IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY.  ALTHOUGH THE FOUNDATION INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE, IT DOES NOT WARRANT THAT THE SITE IS FREE FROM DESTRUCTIVE FEATURES AND IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOUNDATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR SIMILAR DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND WHETHER ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY).  IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY MAY NOT APPLY.

Access from Outside the United States

The Foundation expressly disclaims any representation, warranty, or covenant that the Site or any of its contents is appropriate or will be available for use in locations outside the United States.  If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.

Governing Law

These Terms and any dispute related to the Site are governed by the laws of the State of New York applicable to agreements made and wholly performed there. By using the Site, you irrevocably: (1) submit to the personal and exclusive jurisdiction of the federal and state courts located within the State and County of New York for the resolution of any dispute arising out of these Terms or your use of the Site; and (2) waive any objection to that venue based on an inconvenient forum or other reasons.

General Provisions

Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or similar relationship of any kind between the Foundation and you. The failure of either party to assert any right under these Terms will not be considered a waiver of that party’s right, which will remain in full force and effect. These Terms, including the Privacy Statement, constitute the entire agreement and supersede all other agreements (oral or written) between you and the Foundation regarding your use of the Site. The term “including” means “including, but not limited to.”  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give the fullest permissible effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Terms remain in full force and effect, so long as doing so does not deprive either party of a material benefit under these Terms.  You may not assign your rights under the Terms without the Foundation’s prior written consent, and any attempted assignment in violation of this provision is null and void.  The Foundation may assign these Terms and transfer any of its rights or obligations at any time for any reason.

Report of Unauthorized Use

Please report any violations of these Terms to us at info@whiting.org. We reserve the right to report any unauthorized use of the Site to appropriate authorities.

Contact Us

If you have questions or concerns about these Terms or the Site, please contact us at info@whiting.org or the Whiting Foundation, 16 Court Street, Suite 2308, Brooklyn, NY 11241, attn.: Website.