Skokie Northshore Sculpture Park
Terms of Use
Last Revised 3.7.2022
The Skokie Northshore Sculpture Park, Inc. (“the Park”) authorizes you to view the materials on this Web site under the condition that all the information, software, photos, text, video, graphics, sounds, images and other materials found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, downloaded, posted, publicly displayed, performed, distributed or transmitted without the prior written consent of the Park. Please contact Gary Newhouse at garyn@sculpturepark.org for any permission.
Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by the Park, its artists or by other parties that have licensed their material to the Park. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate intellectual property and other laws, in addition to being a material breach of the Terms of Use.
Use of Software. If you are authorized to download any software from this Site (“Software”), the Software, including all code, files, images contained in or generated by the Software and accompanying data, are deemed to be licensed to you by the Park. Neither title nor intellectual property rights are transferred to you, but remain with the Park. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form.
User Submissions. The Park may accept user submissions, with the understanding that all remarks, materials, information or other communications transmitted or posted to this Site (together, the “Communications”) grant an unrestricted, perpetual, royalty-free license to the Park to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes. Other than personally identifiable information, which is covered under the Park’s Privacy Policy, any Communications will be considered non-confidential and non-proprietary. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law. The Park may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications. the Par and is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to you. The Park will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links To Third Party Web Sites. This Site may provide links to other third party Web sites or resources. Such links to third party Web sites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. If you decide to access any of the third party sites linked to this Site, you acknowledge and agree that the Park is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE PARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE.
Limitation of Liability. IN NO EVENT WILL THE PARK, ITS ARTISTS, BOARD MEMBERS, VOLUNTEERS OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE OR ANY WEB SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING,THE PARK’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Procedure for Making Claims of Copyright Infringement. The Park respects the intellectual property rights of others, and expects its users to do the same. The Park will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (DMCA). Any notifications of claimed copyright infringement must be sent to the Park at the following address: info@sculpturepark.org. When notifying the Park of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
GENERAL TERMS
Applicable Laws. The Park from its offices within the United States of America controls this Site. The Park makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Illinois. By using this Site, and agreeing to the Terms, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Chicago, Illinois.
Termination. The Park, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if The Park believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of these Terms of Use. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.
Notices. Notices to you may be made via either email or regular mail. The Park may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.
Privacy. The Park recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. This Site is not intended for children 13 years old and younger. The Park will not knowingly collect personally identifiable information via this Site from visitors in that age group. Please see our Privacy Policy for more information.
Revisions. The Park may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and The Park makes no commitment to update the materials and services at this Site.
