Terms of Use

The following Terms of Use apply to users who view or use the Four Freedoms Park Conservancy (Conservancy, we, us or our) websites located at www.fdrfourfreedomspark.org and www.fdr4freedoms.org and any pages thereof (collectively, the Site).  Please review the following terms carefully.  By accessing or using the Site, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, do not access or use the Site.

Privacy Policy

The Conservancy respects the privacy of Site users.  Please refer to the Conservancy’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you signify your agreement to this Privacy Policy, which is incorporated into these Terms of Use.

About the Site

The Conservancy maintains this Site for your personal information, education, and communication.  Please feel free to browse the Site.  The Conservancy, or third parties granting rights to the Conservancy, holds all right, title, and interest in and to information and content on this Site.  These materials, including but not limited to, names, logos, designs, trademarks, text, video, audio, and artwork are protected by copyright, trademark, and other intellectual property laws. 

Just as we require users to respect our copyrights and trademarks, we respect the copyrights and trademarks of others.  Subject to your compliance with these Terms of Use, you may use and download material displayed on the Site solely for non-commercial personal or educational use, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for unauthorized, public, or commercial purposes, including the text, images, audio, and video on the Site, without written consent from the Conservancy.

Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the information or content on the Site in any manner.  The limited permission granted by these Terms of Use terminates automatically, without notice to you, if you breach any of these Terms of Use.

Registration

You must to be at least 13 years old to sign up to receive correspondence, email, postal, or otherwise, from the Conservancy or to submit otherwise any data or information through the Site.  If you are at least 13 years old but less than 18 years old, you may receive such correspondence or otherwise submit such data or information through the Site only with the consent of your parent or legal guardian.

Use Restrictions

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions.  You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Site for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • provide false or inaccurate information when registering;
  • interfere or attempt to interfere with the proper functioning of the Site;
  • make any automated use of the system, or take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
  • publish or link on the Site to malicious content intended to damage or disrupt another user’s browser or computer.

Posting and Conduct Restrictions

You may be able to provide text, Comments, data, photos, videos, and other materials to the Site (User Content).  You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Conservancy, however, reserves the right to remove any User Content from the Site at its discretion.

The following rules pertain to User Content.  By transmitting and submitting any User Content while using the Site, you agree as follows:

  • You are solely responsible for your activity and any User Content that you post;
  • You will not post content that is malicious, false, inaccurate, defamatory, libelous, slanderous, threatening, unlawful, obscene, or profane;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content and license it as provided herein; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove or modify any and/or all of your submissions, and terminate your account with or without prior notice.

You hereby grant to the Conservancy a non-exclusive, worldwide, perpetual, royalty-free, fully paid-up, sublicenseable right and license to reproduce, modify, distribute, perform, display, transmit, and use your User Content in its sole discretion.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.  The Conservancy is not responsible for any public display or misuse of your User Content.  The Conservancy does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.

Comments

The Conservancy reserves the right to at any time, without notice, and in our sole discretion: (i) edit any Comments you provide to the Site in response to a blog posting (Comments); (ii) not include any such Comments on the Site; (iii) remove some or all of any such Comments from our servers, from the Site, or from any other form or media; and (iv) terminate your ability to post Comments to the Site.

Your Comments may not include any material that (a) defames, threatens, harasses, abuses, or slanders any person; (b) invades or infringes any person’s rights of privacy or publicity; (c) violates copyrights or other intellectual property rights or that is otherwise unlawful; (d) is sexually explicit or obscene; (e) constitutes advertisements; or (f) solicits business. 

When you provide Comments to the Site, you agree to accept sole responsibility for, and assume all liability (including for claims of infringement, libel, and slander) associated with, such Comments, including the information, statements, facts, and material contained therein. 

By providing Comments to the site, you grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive and freely sublicenseable right and license to use, reproduce, publish, translate, create derivative works from, distribute and display your Comments anywhere, for any purpose and in any form, media or technology now known or later developed.

Email

If you send us a message through the Site, please be advised that the Internet is a not a secure method of transmitting information.  We shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by email.  For information regarding our use of your email address, please review our Privacy Policy.

Availability

Any of the products, services, content, and events described on this Site may not be available everywhere, and we do not make any representation or warranty that you will be able to obtain, receive, access, or participate in any of the products, services, content, and events described on the Site in your area.

Online Content Disclaimer

Any opinions, advice, statements, offers, or other information or content made available through the Site by users or contributors, or otherwise not provided directly by the Conservancy, are those of their respective authors, are not opinions of the Conservancy, and should not necessarily be relied upon.  Such authors, users, or contributors are solely responsible for such content.  The Conservancy does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Conservancy adopt nor endorse, nor is the Conservancy responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Conservancy.  The Conservancy takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site.  Under no circumstances will the Conservancy be responsible for any loss or damage resulting from anyone’s reliance on information, User Content, or other content posted on the Site or transmitted to Site users.

Though the Conservancy strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  The Conservancy reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious.  The Conservancy reserves the right, but is not obligated, to delete, move, or edit postings that it, in its sole discretion, deems threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, in violation of copyright or trademark laws, or otherwise inappropriate.  Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law.  If you become aware of misuse of our Site, please contact us at park@fdrffp.org.  The Conservancy will fully cooperate with any law enforcement authorities or court order requesting or directing the Conservancy to disclose the identity of anyone posting any such information or materials. 

Accuracy

While the Conservancy uses reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy or completeness.  The Conservancy assumes no liability or responsibility for any errors or omissions in the Site’s content.

Links to Other Sites and/or Materials

As part of the Site, the Conservancy may provide links to third party website(s) (Third Party Sites) as well as content or items belonging to or originating from third parties (Third Party Applications).  These links are provided as a courtesy to Site users.  The Conservancy has no control over Third Party Sites or the promotions, materials, information, goods, or services available on these Third Party Sites.  Such Third Party Sites and Third Party Applications are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Conservancy, and the Conservancy is not responsible for any Third Party Sites accessed through the Site or posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites. 

Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications does not imply approval, verification, affiliation, or endorsement thereof by the Conservancy.  Third Party Sites may have privacy policies that are different from ours and may provide less security than the Site.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.  By providing access to Third Party Sites, we are not recommending the purchase or sale of products or services provided by the sponsoring organization of any such Third Party Site.

Copyright Complaints and Copyright Agent

Termination of Repeat Infringer Accounts
The Conservancy respects the intellectual property rights of others and requests that Site users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Conservancy has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  The Conservancy may terminate access for participants or users who are found repeatedly to provide, access, or post protected third party content without necessary rights and permissions.

DMCA Take-Down Notices

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification of claim pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the notification of claim, including following information, in writing to the Conservancy’s Designated Agent, at park@fdrffp.org:

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that, in order to be effective, your notification of claim must comply with the detailed requirements set forth in the DMCA.   You are encouraged to review them before sending your notification.

Counter-Notices

If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our Designated Agent at park@fdrffp.org:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts in the Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Conservancy, the Conservancy may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, in the Conservancy’s discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

License Grant

By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Conservancy a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness in connection with your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you consent to receive communications from the Conservancy in an electronic form via email if you have submitted your email address through the Site and agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Conservancy provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Conservancy.  You may opt out of such email by sending an email to park@fdrffp.org, by calling 212-204-8831, or by following the instructions at the bottom of the email.  Opting out may prevent you from receiving messages regarding the Conservancy.

Warranty Disclaimer

THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, THE CONSERVANCY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, THE CONSERVANCY AND ANY THIRD PARTY THAT CONTRIBUTES CONTENT TO THE SITE, MAKES NO WARRANTY OR REPRESENTATION IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, PRODUCT, SERVICE, OR CONTENT OR ACCESS TO OR OPERATION OF THE SITE WILL BE INTERRUPTED OR ERROR FREE.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE.  CONTRIBUTORS ARE SOLELY RESPONSIBLE FOR CONTENT THAT THEY CONTRIBUTE TO THE SITE. 

WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES; OR (III) DEFECTS WILL BE CORRECTED.  YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE SITE.

TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CONSERVANCY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM OR ARE CONNECTED WITH ANY OF THE FOLLOWING:

  • THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
  • YOUR USE OR INABILITY TO USE THE SITE
  • THE SITE GENERALLY OR THE SOFTWARE, HARDWARE, OR SYSTEMS THAT MAKE THE SITE AVAILABLE;
  • ANY THIRD PARTY WEBSITE LINKED TO ON THE SITE,
  • ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE; OR
  • ANY OTHER INTERACTIONS WITH THE CONSERVANCY OR ANY OTHER USER OF THE SITE;

IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER THE CONSERVANCY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.  OUR TOTAL LIABILITY AND THE LIABILITY OF EACH OF OUR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO OR ARISING OUT OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL NOT EXCEED $50.00.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to indemnify, hold harmless and, at our option, defend the Conservancy and our officers, directors, employees, agents, and representatives from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of the Site or our products or offerings, your violation of these Terms of Use, your infringement of any intellectual property or other right of any person or entity, or any Comments you provide to the Site.

Modification of Terms of Use

The Conservancy may at any time modify or revise the Site or these Terms of Use without notice.  Such modifications or revisions will be effective immediately upon posting to the Site.  It is your sole responsibility to check this page periodically to view any such changes in the Terms of Use.  If you continue to use the Site, you agree to our revisions to these Terms of Use.

General Terms

If any part of these Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law.  The remaining portions will remain in full force and effect.  Any failure on the part of the Conservancy to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms of Use will survive any termination of these Terms of Use.

You agree that any cause of action related to or arising out of your relationship with the Conservancy must commence within one year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by and shall be construed in accordance with the federal laws of the United States of America and the laws of the State of New York without regard to conflict of law provisions to the extent such provisions are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction.  You agree that any action at law or in equity arising out of or relating to your use of the Site or these Terms of Use shall be filed only in the federal court located in the Southern District of New York or the state courts located in the County of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

You acknowledge that you have read, understand, and will be bound by these Terms of Use.  You further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.


Updated December 9, 2014