Terms of Use
By accessing, browsing or using http://www.dorisduke.org; http://www.shangrilahawaii.org; http://www.dukefarms.org (collectively referred to hereafter as the “Site”) in any manner you agree to be bound by the terms, policies and disclaimers outlined below. If you do not agree to these terms and conditions, please do not use the Site and exit immediately. Doris Duke Foundation, Duke Farms and Shangri La Museum of Islamic Art, and any related entity of the Doris Duke Foundation which may be created in the future (collectively referred to hereafter as “we”, “us” and the “Foundation”) reserves the right to change or modify these terms, policies and disclaimers at any time without prior notice. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes and your continued use will mean you accept those changes.
Copyright Policy
In the event that you submit material to this Site, doing so will be considered automatic permission and authorization for use of such material by the Foundation.
Unless otherwise explicitly noted, all materials (text or non-text) on this Site are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by Foundation, and/or its grantees or affiliates or by other parties that have licensed their material to us. We expressly reserve all rights to this Site and our materials under U.S. and international laws.
You may copy or distribute the text materials contained in this Site but only for personal, non-commercial, educational or public policy use, distributed free of charge, provided that you include the following copyright notice on all copies: “© (year, if known) FOUNDATION NAME. All rights reserved.” and provided that the correct attribution to any additional author(s) and/or copyright owner(s) is noted. The text materials contained in this Site may not be modified or altered in any way.
You may not copy or distribute any photograph, illustration, artwork, video or other graphic material contained on this Site for any use without first obtaining written permission from the Foundation (at webmaster@dorisduke.org) and any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.
Trademarks Policy
You acknowledge and agree that the Foundation names, logos and other registered trademarks and service marks (“Foundation Marks”), are trademarks of the Foundations in the United States and other countries. You may not use the Foundation Marks without prior written permission.
Privacy Policy
Please see the Foundation's Privacy Policy here.
Registration and User Profiles Policy
Some areas of the Site may require you to register or create a user profile. Completion of the process usually involves creating an account with a user name or identifier and password, which you agree to guard as confidential information and take all reasonable measures to keep secure. You agree to provide accurate and current information at all times, and to update it in a timely manner.
You will be solely responsible for the identifier created by you. You agree that all uses of the identifier created by you will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates and other third parties with whom we work, including but not limited to our and their respective affiliates, current and former trustees, directors, officers, staff and agents (collectively “Third Parties”), as being a use made by you, even if someone else uses your identifier.
We do not give out, sell or rent registered user address or information except where needed to deliver a service that a registered user has requested or to comply with valid legal process. We may occasionally share collective user demographic information with our partners, peers and the media. This is not linked to any personal information that can identify an individual person.
If you sign up to receive our newsletter or to participate in any other service of the Site, we send registered users the requested Site and service announcement updates. We do not sell, rent or otherwise provide our registered users email addresses to third parties.
This Site may make Forums available to its registered users. To participate, you may be required to submit an email address and other personal information. Please be aware that any information that you submit to us whether through forms or email, including personally identifiable information, may be publicly displayed on other Web sites hosting the forum or on other Web sites not within our control. If you contribute content for discussion, your contribution may be publicly displayed including personally identifiable information.
Links, Frames and Metatags Policy
You may link to the home page of our Site as long as the link does not cast us in a false or misleading light. The Foundation prefers advance notice of such linking, which can be provided to our Communications Office by emailing webmaster@dorisduke.org. We do not have responsibility for the content of other Web sites that link to our Site, and we reserve the right to request that links to our Site be removed. You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporates Foundation Marks or our names without our express prior written consent.
Policies and Disclaimers for Blogs, Discussion Boards and Online Forums
Most of the information and opinions expressed in materials posted by visitors on blogs, discussion boards, lists or other similar venues of our Site (“Forums”) or linked from our Site is provided by third parties, like you. We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Forums. Our Forums are public, not private communications. Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for such third party usage of any information posted to the Forums.
By entering this Site or participating in or posting to any Forum, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or your participation in or posting to any Forum, you shall not submit, upload or post to any Forum any text, graphic material or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy or is obscene, pornographic, profane, abusive or threatening or any other material that could constitute or encourage conduct that would be considered criminal offense or give rise to civil liability; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended. By posting any content on any Forum, you agree to indemnify and hold harmless the Foundation, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.
You shall not interfere or attempt to interfere with the operation of the Site or services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms and Conditions of Use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
Disclaimer for Links to Other Web Sites
Our Site contains links to other Web sites that we think may be of interest, and we provide them for information purposes only and as a convenience to you. We do not own, operate or control these other Web sites and our links to them do not constitute our endorsement of these Web sites, their content, or the entity that maintains the Web site. Foundation has no responsibility and assumes no liability of any nature for the content of any Web site to which a link is provided on this Site. You should be aware if you use these links, you will leave our Site, and remember that other Web sites are governed by their own user agreements and policies, which you should be sure to read. You agree that any visits to linked Web sites are at your own risk and are governed by their terms and policies of that Web site.
Download Disclaimer
All downloads (including but not limited to books and videos) made available from this Site are provided for informational purposes only, and are provided on an as-is basis. The Foundation takes no responsibility for, and accepts no liability for, the content, quality, safety, completeness, or accuracy of any downloads, whether as to the content itself or any technical issues arising from its being downloaded, nor any damages to your computer in connection with downloading.
To the best of its knowledge, and unless otherwise indicated, the Foundation owns the copyright to anything offered for download on this Site, either as a work made for hire or by assignment from the author or authors.
However, the Foundation has not conducted any search to clear the copyright to a download or any of its contents, and makes no representation or warranty as to non-infringement with respect to a download or any of its contents. The Foundation shall not be responsible or liable to indemnify you, or any person or entity who obtains a copy of all or any part of a download from or through you, in the event of a claim that the downloading, reproduction, display, distribution, or other use of the download or any part of the download constitutes infringement of the rights of any party, whether such claim is merely alleged or is actually proved.
Downloads contained in this Site that are owned by the Foundation may be used, downloaded, reproduced or reprinted for non-commercial or personal use only, provided that the appropriate copyright notice (as provided on this Site) appears in all copies.
If a download that is being downloaded in whole or in part only bears a copyright notice at the beginning of it, the date or dates stated in that copyright notice is (or are) the year (or years) of publication.
Disclaimer of Warranties, Limitation of Liability and Indemnification
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to release and waive any and all claims and/or liability against the Foundation, if any, arising from or in connection with your use of this Site.
Your use of this Site is at your own risk. We are not liable or responsible for the accuracy or completeness of any information, materials and services provided on this Site. The Foundation or any of its directors, trustees, officers, employees, agents, contractors, licensors, content providers, and sponsors assume no liability or responsibility for any damages -whether direct, indirect, special, general, consequential, for alleged lost profits of otherwise-that might result from any use of this Site or use or reliance on materials or links made available on or through the Site or inability to use, this Site. By accessing the information on this Site, you agree that we shall not be liable to you for any loss or injury caused in procuring, compiling, or delivering the information. In no event will we or any contributors of information this Site be liable to you or anyone else for any action taken by you in reliance on such information or for any consequential, actual, special, or similar damages.
You also agree to indemnify and hold harmless the Foundation, their directors, trustees, officers, employees, contractors, licensors, content providers, sponsors, and agents, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law.
Security
You agree to not circumvent, disable or otherwise interfere with security and security-related features of the Site. You agree to not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Site.
Governing Law
These Terms of Use will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Entire Agreement
These Terms and Conditions of Use, including the policies and disclaimers, are the entire agreement between you and us and supersede any prior understandings (oral or written). If there is any conflict between these Terms and Conditions of Use and rules and/or specific terms of use appearing on this Site relating to specific material then the latter shall prevail.
Foundation’s failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of the Foundation’s rights, and the Foundation reserves its rights to take all legal steps available to enforce these Terms and Conditions.
Changes and Updates to Terms of Use
We may change or update these Terms and Conditions of Use and we encourage you to refer back to it periodically. When we revise these Terms and Conditions of Use we will also revise the Effective Date below.
Effective Date: September 4, 2012....
Contacting Us
If you have any questions or do not understand any of the foregoing Terms and Conditions of Use, please email us at webmaster@dorisduke.org.