Terms of Use

1. TERMS OF USE

1.1  

Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the “Services”). New Glarus Cares Community Foundation, Inc. ("New Glarus Cares,” "we," "us," or "our") provides these Services to you ("you" or "your"), subject to the terms contained in these Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and New Glarus Cares. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, illustrations, media, footage, and graphics, including all arrangements thereof, contained therein (collectively the “Media”) are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

1.2.  

New Glarus Cares does not intend to solicit, collect, use, or disclose personal information gathered during the course of business with any person or persons who is/are under the age of majority in their jurisdiction of residence (hereafter “Child” or “Children”). Children are not authorized to use the Website unsupervised and are not authorized to create an account or submit any personal information to New Glarus Cares. By using the Website, and/or registering with New Glarus Cares, you warrant that you have reached the age of majority in your jurisdiction of residence.

1.3.  

New Glarus Cares reserves the right to change the Terms & Conditions at any time without notice. It is your responsibility to review the Terms & Conditions regularly. Your continued access or use of the Website after such changes indicates your acceptance of the Terms & Conditions as modified.

1.4.  

By using the Services, you consent to New Glarus Cares collecting and using your data as described in the Privacy Policy.

1.5.  

If you do not agree to abide by the Terms & Conditions, kindly do not use this Website.

2. INTELLECTUAL PROPERTY RIGHTS

 2.1. Copyright  

All Media, text, and designs including the look and feel of the Website and its underlying coding and technology therein is the property of New Glarus Cares and third-party licensors and is protected by U.S. intellectual property laws, international treaty provisions, and any and all other applicable laws. Other than the limited license granted to you to use the Services on this website, New Glarus Cares and the copyright owners of the Media reserve all exclusive rights to their works not expressly granted herein and no such additional rights may be implied. Any additional license to use any of the Services in any manner beyond the scope of this website must be separately negotiated and agreed to in writing by the appropriate copyright owner(s).

2.2. Media Licensing  

Any use of the Media or of any of the Services other than as specifically authorized herein, without the express prior written permission of New Glarus Cares or the applicable copyright owner, is strictly prohibited. The Media may not be copied, distributed, displayed, or reproduced in any manner whatsoever unless you have obtained the necessary written license from New Glarus Cares.

2.3. New Glarus Cares is a trademark of New Glarus Cares, Inc. These trademarks may not be used in any manner whatsoever without the express written consent of their respective owners.

2.4. Other marks  

All other trade names, trademarks, registered trademarks, product names, and company names or logos mentioned or displayed on the Website or in any Media are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.

2.5. Unauthorized Use of Media  

Unless you have received and paid for a license from New Glarus Cares:

2.5.1.  

It is illegal to copy or use any portion of any Media whether (without limitation) by photographic means, scanning, digital copying, saving it to any computer, posting it to any Website, or as reference for another media.

2.5.2.  

It is illegal to incorporate all or part of any Media into other media. Changing Media does not give you any right to use the changed Media. The original Media, no matter how modified, is still protected by copyright.

2.5.3.  

Any unauthorized use, publication, or transmission of any Media arising from your activities is an infringement of copyright, and you will be responsible for any fees, damages, and/or compensation arising from such unauthorized use. Any such unauthorized use will also result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.

3. PROHIBITED ACTIVITIES

The Website is expressly created for the benefit of the clients and contributing artists of New Glarus Cares to enable the clients to find and license Media and to enable the artists to earn income from the licensing of their media.

3.1.  

Using the Website or the Content other than for its intended purposes is prohibited.

3.2.  

Without limiting the generality of the foregoing, you are prohibited from:

3.2.1.  

…using any data mining, robots, or similar data and/or media gathering and/or extraction methods in connection with the Website or the Content; and/or

3.2.2.  

…reverse engineering the Website or any of the Content; and/or

3.2.3.  

…manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; and/or

3.2.4.  

…removing any watermarks or copyright notices contained in the Content.

4. DISCLAIMERS & DISCLOSURES

4.1.  

Use of the Website is at your sole risk. The Website together with the Media and Content are provided on an “as is,” “as available” basis without representations, warranties, or conditions of any kind, either express or implied, including but not limited to representations, warranties, or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system, or software program. New Glarus Cares makes no representations or warranties that the use of the Website will be uninterrupted, error-free, or free from viruses or other disruptive or malicious software. New Glarus Cares recommends that you install appropriate firewall and anti-virus software for your own protection.

4.2. Linked Websites  

Links to other websites are provided for convenience of reference only and do not necessarily constitute an endorsement by New Glarus Cares. New Glarus Cares makes no representation or warranty with respect to the content, practices, or reliability of any linked website.

5. LIMITATIONS OF LIABILITY

5.1.  

To the maximum extent permitted by law, under no circumstances will New Glarus Cares be liable for any indirect, punitive, incidental, special, or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Media or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Media whether based on contract, tort, strict liability, or otherwise.

6. CLAIMS OF COPYRIGHT INFRINGEMENT

6.1.  

New Glarus Cares respects the copyright of others, and we require our contributing artists to do the same. All Media on the Website have been supplied to New Glarus Cares with the express assurance of the respective artists that they are original creations. Where Media has no obvious proprietary marking that indicates an exclusive owner, New Glarus Cares cannot have actual knowledge that the Media infringes upon any third party’s rights. New Glarus Cares has no right or ability to control the activities of Contributors who create and upload Media to the Website. In the event that a Contributor infringes upon a third party’s rights by creating or uploading Media, that Contributor is the sole responsible party for such infringement, and New Glarus Cares has no control over such activity.

If you believe that the copyright in any media that you own or control has been infringed, you may notify our Copyright Agent. A notice of claimed infringement must be submitted in writing to:

New Glarus Cares, Inc.
P.O. Box 458
New Glarus, Wisconsin 53574
Phone: (608) 205-8715
E-mail: info@newglaruscares.com

6.2.  

Your notice must include substantially all of the following information:

6.2.1.  

A description of the copyrighted media you claim to have been infringed. (If possible, include a low-resolution reference copy of such media.) If you are not the owner of the copyrighted work, you must also include your physical or digital signature as a person authorized to act on behalf of the copyright owner;

6.2.2.  

A description of where the material that you claim is infringing is located on the Website, sufficient to allow New Glarus Cares to locate the material;

6.2.3.  

Your name, mailing address, telephone number, and e-mail address, so that New Glarus Cares may contact you if necessary;

6.2.4.  

A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

6.2.5.  

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 are authorized to act on behalf of the copyright owner.