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Terms & Conditions

Last updated August 17, 2010

Welcome to Bethel Woods Center for the Arts (“Bethel Woods”) website (“Site”). The Bethel Performing Arts Center, d/b/a Bethel Woods Center for the Arts and/or its affiliates or related entities provide website features to you subject to the following Terms of Use. Please read them carefully. Your use of the Site is governed by and subject to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. By using this Site, you agree to be bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. If you do not agree with any of these Terms of Use or our Privacy Policy, please do not use this Site. Bethel Woods reserves the right to update or change these Terms of Use at any time and for any reason, by posting the amended or updated Terms of Use on the Site. By continuing to use the Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version for your records. All such changes are hereby incorporated by reference into these Terms of Use. For your information, the date of the last update to these Terms of Use is posted at the top of this page. When using or accessing certain features of the Site, you may be subject to additional terms and conditions applicable to such features, which will be posted or otherwise made available to you. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

Privacy

Please review our Privacy Policy, which also governs your visit to bethelwoodscenter.org, to understand our practices. Certain features available on the Site may ask you to register or provide personal information, such as your name, address, phone number, and e-mail address. By submission of any personal information, you agree to provide true, accurate, current, and complete information about yourself, subject to all applicable laws. Bethel Woods endeavors to use all information that is collected from and/or about you in connection with your use of the Site in accordance with applicable laws, these Terms of Use, and the Privacy Policy.

Electronic Communications

When you visit the Bethel Woods Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this Site, such as text, graphics, trademarks, logos, button icons, images, audio clips, digital downloads, data compilations, and software, except user submissions (as defined below), is the property of Bethel Woods or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Bethel Woods and protected by U.S. and international copyright laws. All software used on this Site is the property of Bethel Woods or its software suppliers and protected by United States and international copyright laws.

Trademarks

The Bethel Woods Center for the Arts, LLC, The Museum at Bethel Woods, Harvest Festival, and other Bethel Woods graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Bethel Woods in the U.S. and/or other countries. Bethel Woods’s trademarks and trade dress may not be used in connection with any product or service that is not Bethel Woods’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bethel Woods. All trademarks not owned by Bethel Woods that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bethel Woods.

License and Site Access

Bethel Woods grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of Bethel Woods. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Bethel Woods. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bethel Woods without express written consent. You may not use any meta tags or any other “hidden text” utilizing Bethel Woods’ name or trademarks without the express written consent of Bethel Woods. Any unauthorized use terminates the permission or license granted by Bethel Woods. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Bethel Woods Site so long as the link does not portray Bethel Woods, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bethel Woods logo or other proprietary graphic or trademark as part of the link without express prior written permission.

You agree that in connection with your use of the Site you will not:

A. e-mail, link, post, upload, or otherwise transmit any content that is abusive, defamatory, fraudulent, harassing, harmful, hateful, invasive of anyone’s privacy, libelous, obscene, offensive, pornographic, profane, threatening, tortious, unlawful, vulgar, or racially, ethnically or otherwise objectionable, or that discloses personal or private matters concerning any person; any content that constitutes or encourages criminal conduct or results in civil liability, or otherwise violates any local, state, national, or international law; any content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship; any content that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, or privacy or publicity right, of any party; any advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or other forms of solicitation; any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files, or programs designed to destroy, interfere, or restrict the functionality of any computer software or hardware or telecommunications equipment; any content that constitutes or includes false or misleading indications of origin or statements of fact; or any content that is irrelevant to the subject matter of the Site;

B. collect, compile, delete, display, gather, harvest, obtain, reproduce, revise, or transmit any material or information, whether personally identifiable or not, posted by or concerning any other person or entity, arising from their or your use of the Site, unless you have obtained the prior express permission of such other person or entity to do so; provided, that your posting of material and/or information on a site that any other person or entity previously posted on such site shall not (without more) constitute a violation of this section;

C. engage in any activity that adversely affects or reflects negatively on Bethel Woods, the Site, Bethel Woods’ goodwill, name, or reputation; causes duress, distress, or discomfort to Bethel Woods or anyone else, including but not limited to “stalking” or otherwise harassing any person; or discourages any person or entity from using or accessing the Site;

D. link to the Site using a “frame” containing any sponsorship, advertisements, or other commercial text or graphics; ??

E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; ??

F. interfere with or disrupt the Site or servers or networks connected to the Site, or fail to comply with any requirements, procedures, policies, or regulations of networks connected to the Site; ??

G. violate or attempt to violate the security of the Site, including but not limited to violations by: accessing data or logging into a server or account for which you are not authorized to access or log into; probing, scanning, or testing, or attempting to probe, scan, or test, the vulnerability of a system or network or to breach security or authentication measures without proper prior written authorization; interfering or attempting to interfere with service to any user, host, or network, including, but not limited to, submitting a virus to, or overloading, “crashing,” “flooding,” or “mailbombing” the Site; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or

H. violate, or encourage the violation of, any applicable local, state, national, or international law or regulations. Any violations by you of these points may result in civil or criminal liability.

Bethel Woods shall, at its sole discretion, determine what conduct constitutes a violation of this Section and whether to take any action or no action in response to a violation of this Section. No third party is an intended beneficiary of these Terms of Use.

Monitoring

Bethel Woods has no obligation to monitor this Site or any use thereof or to retain the content of any user session. Bethel Woods reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity.

Third-Party Links and Materials

This Site may contain links to third-party websites, and other websites and resources may provide links to this Site (such websites collectively, “Third Party Sites”). We do not endorse the content on Third Party Sites. The links are provided for your convenience only. We have no control over the content on Third Party Sites; therefore, we are not responsible or liable for the availability of, or any content, advertising or products on or available from such Third Party Sites. You agree that Bethel Woods is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Site. You acknowledge that it may be necessary or appropriate to use the services, software, technology, data, and/or other content of third parties (collectively, “Third Party Materials”) either independently or in conjunction with certain features available through the Site. Such Third Party Materials may be downloaded to and/or stored on your computer or otherwise employed in conjunction with certain aspects of the Site without notice. Your use of Third Party Materials may be subject to terms established by third-party providers, which may be different from these Terms of Use. Further, Third Party Materials may be sourced either through the Site or through a third-party website. You agree that Bethel Woods assumes no liability with respect to your use of or the consequences from such Third-Party Materials.

User Submissions

For content of any type, including, but not limited to, graphics, images, messages, creative ideas, concepts, know-how, techniques, and suggestions, that you post, submit, transmit or upload to the Site, whether solicited by Bethel Woods or not (“User Submissions”), you hereby grant Bethel Woods a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, non-exclusive, and unrestricted right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform, and display such content in any media or medium or any form, format, or forum now known or hereafter developed without any additional consent from you, in consideration of your use of the Site, and no payment will be due to you at any time. Further, you agree that you will not upload or transmit any User Submissions that infringe or violate any rights of any party. If you make any such User Submission, you automatically grant, or warrant that the owner of such content has expressly granted, Bethel Woods a royalty-free, perpetual, irrevocable, worldwide, sub-licensable right and license to use, reproduce, copy, create derivative works from, modify, publish, edit, translate, distribute, transmit, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display, and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. Bethel Woods has the right, but not the obligation, to use your name or username in connection with the broadcast, publication, distribution, or any other use of your User Submission. You agree that User Submissions and your username are not confidential, and may be read, accessible to, and intercepted by others on the World Wide Web, and that you have no expectation of privacy in such User Submissions. Bethel Woods has the right, but not the obligation, in its sole discretion and for any reason, to delete, edit, or review any User Submission and/or deny access to the User Submission features of the Site. Bethel Woods is under no obligation to monitor or review User Submissions, although it may do so from time to time. Display of any User Submissions, or any opinion, recommendation, or advice expressed therein on the Site does not constitute approval or endorsement by Bethel Woods, and Bethel Woods disclaims any and all liability or responsibility in connection with any User Submission, including those that contain defamatory or offensive content, errors, inaccuracies, pornography, or profanity. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. For the avoidance of doubt and without limiting or restricting any rights or licenses granted to Bethel Woods under this Section, you agree that no confidential or fiduciary relationship between you and Bethel Woods is created based upon either the submission of User Submissions to the Site or these Terms of Use, and that Bethel Woods may retain and disclose User Submissions and/or personal information of the posting user if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (A) comply with legal process or as might otherwise be permitted under the Bethel Woods Privacy Policy; (B) enforce these Terms of Use; (C) respond to claims that the rights of third parties are violated by any User Submissions; or (D) protect the rights, property, or personal safety of Bethel Woods, users of the Site, and the public. You acknowledge that the technical processing and transmission of the Site and the User Submissions may involve transmissions over various networks or devices, which may require modifications in order to conform to such networks’ and devices’ technical requirements.

Copyright Complaints

Bethel Woods respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement as set forth below.

Online Ticketing, Memberships, and Shopping

You may purchase concert, event, and museum tickets, memberships, and/or make charitable donations to Bethel Woods directly or through our online partner at www.ticketmaster.com (“Ticketing”), and you may purchase merchandise directly from Bethel Woods or from the online store located at www.shopbethelwoods.com (“Shop”). You agree to any additional rules, procedures, or terms applicable to such items or sites. The fulfillment of membership orders, and shipping and billing of merchandise and membership kits for memberships ordered through Ticketing and the Shop are solely the responsibility of our third-party providers. Your transactions with sponsors and partners found on or through the Site, including payment and delivery of goods or services, and any terms, warranties, or representations associated with such transactions, are solely between you and such sponsor and/or partner. You agree that Bethel Woods will not be liable for any loss or damage of any sort incurred as the result of any transactions with sponsors and partners appearing on the Site, and all such transactions shall be at your sole risk. ??You may register for an account at Ticketing and/or Shop by establishing a username and password. You may not choose or use the username of another person with the intent to impersonate that person or allow a third party to use or access your account using your username and password. If you know or suspect any unauthorized use or breach of your account, including loss, theft, or unauthorized disclosure of your password or credit card information, you must promptly notify Bethel Woods at [email protected] You are responsible for maintaining the confidentiality of your password. You are responsible for any and all usage or activity on your account, which expressly includes any purchases made or other charges incurred on your credit card related to your use (or a third party’s use) of your account. You may cancel your account by contacting Bethel Woods at [email protected] and indicating in the e-mail that you would like to cancel your account. Note, that any such cancellation will not cancel previously submitted orders. Bethel Woods and its billing, service, and fulfillment partners may provide you with products and/or services. These products and services are provided on an “as is” and “as available” basis. Bethel Woods and its billing, service, and fulfillment partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose, with respect to the products and services provided to you as a result of your purchases through the site. Bethel Woods assumes no responsibility arising from your use of these products and services.

Disclaimers of Warranties and Limitation of Liability

This Site and all content, user submissions, and third party materials are provided “as is” without a warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular use, uninterrupted access, non-offensive content, and/or non-infringement. While Bethel Woods uses reasonable efforts to include accurate and up-to-date information in this Site, it makes no representations or warranties as to truth, accuracy, or completeness and assumes no liability or responsibility for any errors or omissions in the Site, content, User Submissions, or third party materials. Bethel Woods assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your use of, or downloading of any content, user submissions, or third party materials from the Site. You (and not Bethel Woods) assume the entire cost of any necessary servicing, repair or correction; actions taken or not taken are your sole responsibility. ?You expressly understand and agree that Bethel Woods shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, business, goodwill, use, data, or other intangible losses (even if Bethel Woods has been advised of the possibility of such damages), in contract, tort, negligence, or any other cause of action, arising from: (a) the use or the inability to use the Site, content, User Submissions, or third party materials; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or transmissions received or transactions entered into, through or from the Site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements posted by, or the conduct of, any third party on the Site; or (e) any other matter relating to the Site, content, User Submissions, or third party materials. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission, or other failure of performance by Bethel Woods, its affiliates and partners; any interruption, defect, or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction, or alteration of, or unauthorized access to or use of, any electronic records. ??Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of Bethel Woods shall be limited to the maximum extent permitted by applicable law. Notwithstanding the terms of this Section, in no event will the aggregate liability of Bethel Woods to you exceed the amounts paid by you (if any) for the services giving rise to such liability during the six months prior to the date the applicable cause of action arose.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BETHEL WOODS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, TRUSTEES, REPRESENTATIVES, AGENTS, SITE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT (a) YOUR USE OF THE SITE; OR (b) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.

Applicable Law

By visiting bethelwoodscenter.org, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Bethel Woods.

Site Policies, Modification, and Severability

Please review our other policies posted on this Site. These policies also govern your visit to the Bethel Woods website. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We may discontinue, suspend, terminate, add to, modify, upgrade, or replace any and all aspects of the Site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Site.

Our Address

Bethel Woods Center for the Arts
One Cablevision Center
Liberty, NY 12754

http://www.BethelWoodsCenter.org

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. Section 512(c)), to Bethel Woods’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Bethel Woods that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site (including the URL location containing the alleged infringing material);
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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 authorized to act on the copyright owner’s behalf.

Bethel Woods’ copyright agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Bethel Woods Legal Department
Phone: (845) 295-2609
Fax: (845) 295-2781
E-mail: [email protected]

Courier address:

Copyright Agent
Bethel Woods Legal Department
One Cablevision Center
Liberty, NY 12754
USA

Miscellaneous

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Bethel Woods’ failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Bethel Woods’ right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and Bethel Woods with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Bethel Woods, and any assignment or transfer in violation of this provision shall be null and void.

Questions or comments regarding this Site, the Terms of Use, and/or Privacy Policy should be sent via e-mail to our Web Master: [email protected] or by U.S. mail to Web Master, Bethel Woods Center for the Arts, One Cablevision Center, Liberty, New York 12754, or as otherwise noted in these Terms of Use.

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