TERMS AND CONDITIONS OF USE

By using this Website (“Site”) or downloading Materials from this Site, you agree to be bound by the Terms and Conditions of Use set forth in this notice (the “Terms and Conditions”).  If you do not agree to be bound by these Terms and Conditions, do not use this Site or download Materials from this Site.  AYUDA reserves the right to revise or modify, at any time, any portion of the Terms and Conditions.  It is your responsibility to review the Terms and Conditions each time you access this Site.  Your continued use of this Site after any revisions or modifications to the Terms and Conditions will be considered an acceptance of those changes.

Proprietary Rights
The content of this Site, including but not limited to trademarks, copyrights, designs, logos, text, images, audio and video materials is the property of AYUDA (collectively, “Materials” or “AYUDA’s Proprietary Materials”) unless otherwise specified.  The service marks AYUDA and AYUDA FOR THE ARTS are the property of AYUDA.  This Site, including all Materials contained on the Site, is copyrighted and protected by worldwide copyright laws and treaty provisions.  You agree to abide by all copyright laws worldwide in using this Site and to prevent any unauthorized copying of the Materials.  You may not remove any copyright or other proprietary notices from AYUDA’s Proprietary Materials.  You may not display, reproduce, distribute, modify, transmit, or otherwise use AYUDA’s Proprietary Materials in any way, for any public or commercial purpose, without the express written consent of AYUDA.

Use of Materials
Subject to the Terms and Conditions, AYUDA grants you a non-exclusive, non-transferable, limited license to access, use, and display this Site and the Materials contained on this Site, and to download and print or have printed by a third party any downloadable Materials contained on this Site provided that the following conditions are met:  (1) the use of the Materials is solely for personal, non-commercial purposes;  (2) no copyright or other proprietary notice is removed from the Materials;  (3) you may not modify the Materials in any way;  and (4) you may not transfer the Materials to any person unless you give them notice of, and they agree to accept, the obligations created by these Terms and Conditions.

Except for the aforesaid limited license to access, use, display, download and print the Materials from this Site for non-commercial and personal use only, nothing contained on this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to use AYUDA’s Proprietary Materials.  All right, title, and interest in any and all of AYUDA’s Proprietary Materials remain the exclusive property of AYUDA.

Disclaimer of Warranties
USE OF THIS SITE IS AT YOUR OWN RISK.  THIS SITE AND THE MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.  AYUDA DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT THE MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, OR TIMELY.  AYUDA DOES NOT WARRANT THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION CONTAINED ON THIS SITE.  YOU AGREE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, OR INFORMATION IS AT YOUR OWN RISK. 

AYUDA MAY TERMINATE, SUSPEND, ADD, REMOVE, OR MODIFY ANY ASPECT OF THIS SITE AND THE MATERIALS AT ANY TIME.  AYUDA RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART OF THIS SITE AT ANY TIME, WITH OR WITHOUT NOTICE.

Limitation of Liability
IN NO EVENT SHALL AYUDA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE, THE MATERIALS CONTAINED ON THIS SITE, OR ANY LINKED WEBSITE, EVEN IF AYUDA HAS BEEN NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to indemnify, defend, and hold harmless AYUDA against any claim made by a third party, and any liability, damages, costs, and expenses (including but not limited to attorney’s fees) related to: your use of this Site; content that you transmit to this Site; your violation of any rights of another; or your violation of the Terms and Conditions.

Jurisdiction and Validity of the Terms and Conditions
The Terms and Conditions will be governed by and construed in accordance with the laws of the United States of America and the State of New York.  You irrevocably consent to the jurisdiction of the courts of the State of New York for any action arising from or relating to the Terms and Conditions or your use of this Site.

If a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be invalid, that provision shall be enforced to the maximum extent permissible so as to give effect to the Terms and Conditions, and the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall continue in full force and effect.  No waiver of any provision of the Terms and Conditions shall be considered a further or continuing waiver of any such provision or any other provision.

Links to This Site by Another Website
A website may provide a hypertext link (“link”) from its website to this Site.  A website that provides a link to this Site agrees not to hold AYUDA liable and indemnifies AYUDA for any cause of action related to the content on the linking website or for any other cause of action arising from such a link.  A website that provides a link to this Site also agrees not to present the hypertext link of this Site in a manner that confuses or in any way infringes the intellectual property rights of AYUDA or others.  AYUDA reserves the right terminate this Permission at any time with or without cause.  A website providing a link to this Site agrees to remove the link on the same day as receiving notice from AYUDA to remove the link.  The provision of a link to this Site on another website represents that website’s acceptance of these Terms and Conditions.

Links to Other Websites
This Site may contain links to Websites operated by other entities.  If you visit any linked Website, you do so at your own risk and it is your responsibility to review the terms and conditions and other policies of that Website.  AYUDA is not responsible for the policies and practices of the linked Websites.  AYUDA does not endorse, and makes no warranty or representation regarding any linked Websites or content, products, or services contained on or associated with those linked Websites.

Trademarks and service marks of other entities may be used at this Site.  AYUDA does not claim any rights therein and all rights in such marks remain with their respective owners. 

Information Provided by You
Any information or other content that you or other individuals acting on your behalf transmit to this Site, whether by email, posting, uploading, or otherwise, will be considered non-confidential and non-proprietary.  By providing any such information or content, you grant to AYUDA an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform publicly, transmit, distribute, translate, and modify such information and content.  You agree that AYUDA is free to use any ideas, concepts, know-how, or techniques contained in any information or content that you or other individuals acting on your behalf provide to AYUDA.

You agree not to transmit to this Site any information or content that is defamatory, libelous, threatening, harassing, profane, obscene, or otherwise unlawful, information or content that incorporates the confidential or proprietary content of another, or content that could constitute or encourage conduct that would violate any law.  AYUDA is not responsible for screening or monitoring any information or other content transmitted to this Site, and assumes no responsibility or liability arising from or relating to any such information or content.

Privacy Policy
Your privacy is important to AYUDA.  AYUDA does not obtain any personally identifying information (“Personal Information”) about you other than the information that you choose to provide.  AYUDA does not sell, rent, or otherwise disclose to outside entities any Personal Information that you provide unless you direct us to do so, or unless we are required to do so by law or have a good faith belief that such action is necessary to conform with existing laws or to cooperate with law enforcement agencies or in legal proceedings.

In general, you can use this Site without providing your name or other revealing information.  However, there are parts of this Site that may require you to provide Personal Information so that we can respond to you or provide you with the information, materials, or services that you request.  We generally let you know at the time of collection how we intend to use the Personal Information.  You are under no obligation to provide this information, but in some circumstances we may be unable to fulfill your requests without this information.  If you do not want your Personal Information to be collected, simply do not transmit it to this Site.

© 2005 AYUDA

 

 

 

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