Website Terms of Service

Terms of Service (“TOS”) for the National Performing Arts Funding Exchange Website

1. ACCEPTANCE OF TERMS

The National Performing Arts Funding Exchange (the “Exchange”) welcomes you. The Exchange provides the information on this website to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at https://www.npafe.org.  By accessing and using the Exchange website, you accept and agree to be bound by the terms and provision of the TOS.

2. DESCRIPTION OF THE EXCHANGE WEBSITE

The Exchange provides users with access to a rich collection of resources, including without limitation various communications tools, forums, and branded information. Unless explicitly stated otherwise, any new features that augment or enhance the current Exchange website, including the release of new Exchange properties, shall be subject to the TOS. You understand and agree that the Exchange website is provided “AS-IS” and that Exchange assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Exchange website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Exchange website.

You understand that the technical processing and transmission of the Exchange website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Exchange website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Exchange website under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as may be required by the Exchange Service’s registration form (the “Registration Data”) if you accept and agree to provide that information, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Exchange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Exchange has the right to suspend or terminate your account and refuse any and all current or future use of the Exchange website (or any portion thereof). You must be aged 13 or over to use the Exchange website

4. THE EXCHANGE PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy, available elsewhere on this website. You understand that through your use of the Exchange website you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Exchange and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You may receive a password and account designation upon completing the Exchange Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Exchange of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Exchange cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted on this website or privately transmitted from this website, are the sole property of the Exchange. This said, any such information and material that is uploaded to this website is the sole responsibility of the person from whom such Content originated. This means that you, and not the Exchange, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available to the Exchange website. The Exchange does not control the Content posted via the Exchange website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Exchange website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances the Exchange be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Exchange website.

You agree to not use the Exchange website to:

1. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an Exchange official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Exchange Service;
5. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Exchange website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. interfere with or disrupt the Exchange website or servers or networks connected to the Exchange website, or disobey any requirements, procedures, policies or regulations of networks connected to the Exchange website, including using any device, software or routine to bypass our robot exclusion headers;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. “stalk” or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that the Exchange may or may not pre-screen Content, but that the Exchange and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Exchange website. Without limiting the foregoing, the Exchange and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Exchange or submitted to the Exchange, including without limitation information in Exchange Message Boards and in all other parts of the Exchange website.

You acknowledge, consent and agree that the Exchange may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Exchange, its users and the public.

You understand that the Exchange website and software embodied within the Exchange website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Exchange and/or content providers who provide content to the Exchange website. You may not attempt to override or circumvent any of the usage rules embedded into the Exchange website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Exchange website, in whole or in part, is strictly prohibited.

7. INTERSTATE NATURE OF COMMUNICATIONS ON THE EXCHANGE NETWORK

When you register with the Exchange, you acknowledge that in using the Exchange website to send electronic communications (including but not limited to email, search queries, sending messages to the Exchange blogs, uploading photos and files and other Internet activities), you will be causing communications to be sent through the Exchange’s computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of the Exchange’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Exchange website and transfer, posting and uploading of software, technology, and other technical data via the Exchange website may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Exchange website to export-prohibited parties or countries; (c) will not use the Exchange website for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Exchange website any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE EXCHANGE WEBSITE

The Exchange does not claim ownership of Content you submit or make available for inclusion on the Exchange website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Exchange website, you grant the Exchange the following worldwide, royalty-free and non-exclusive license(s), as applicable:

1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Exchange Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Exchange website solely for the purposes of providing and promoting the specific Exchange Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Exchange website and will terminate at the time you remove or the Exchange removes such Content from the Exchange website.
2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Exchange website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Exchange website solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Exchange website and will terminate at the time you remove or the Exchange removes such Content from the Exchange website.
3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Exchange website other than Exchange Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Exchange website are those areas of the Exchange network of properties that are intended by the Exchange to be available to the general public. By way of example, publicly accessible areas of the Exchange website would include Exchange blogs and email submissions. However, publicly accessible areas of the Exchange website would not include portions of Exchange website pages that are limited to members, Exchange website information intended for private communication, or areas off of the Exchange network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by the Exchange.

10. INTELLECTUAL CONTRIBUTIONS TO THE EXCHANGE

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to the Exchange through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the Exchange is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the Exchange shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the Exchange may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the Exchange without any obligation of the Exchange to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the Exchange under any circumstances.

11. INDEMNITY

You agree to indemnify and hold the Exchange and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Exchange website, your use of the Exchange website, your connection to the Exchange website, your violation of the TOS, or your violation of any rights of another.

12. NO COMMERCIAL REUSE OF THE EXCHANGE WEBSITE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Exchange website (including Content, advertisements, Software and your Exchange ID).

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that the Exchange may establish general practices and limits concerning use of the Exchange website, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Exchange website, the maximum number of email messages that may be sent from or received by an account on the Exchange website, the maximum size of any email message that may be sent from or received by an account on the Exchange website, the maximum disk space that will be allotted on the Exchange’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Exchange website in a given period of time. You agree that the Exchange has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Exchange website. You acknowledge that the Exchange reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Exchange reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO THE EXCHANGE WEBSITE

The Exchange reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Exchange website (or any part thereof) with or without notice. You agree that the Exchange shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Exchange website (or any part thereof).

15. TERMINATION

You may terminate your Exchange account, any associated email address and access to the Exchange website by submitting such termination request to the Exchange.

You agree that the Exchange may, without prior notice, immediately terminate, limit your access to or suspend your Exchange account, any associated email address, and access to the Exchange website. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Exchange website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Exchange website. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Exchange’s sole discretion and that the Exchange shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Exchange website.

Termination of your Exchange account includes any or all of the following: (a) removal of access to all or part of the offerings within the Exchange website, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Exchange website.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Exchange website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Exchange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Exchange website.

17. LINKS

The Exchange website may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that the Exchange is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Exchange shall not be responsible or liable, 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 such Content, goods or services available on or through any such site or resource.

18. THE EXCHANGE’S PROPRIETARY RIGHTS

You acknowledge and agree that the Exchange website and any necessary software used in connection with the Exchange website (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Exchange website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by the Exchange or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Exchange website, such Content or the Software, in whole or in part.

The Exchange grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Exchange website. You agree not to access the Exchange website by any means other than through the interface that is provided by the Exchange for use in accessing the Exchange website.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE EXCHANGE WEBSITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE EXCHANGE WEBSITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXCHANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE EXCHANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE EXCHANGE WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE EXCHANGE WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EXCHANGE WEBSITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EXCHANGE WEBSITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EXCHANGE WEBSITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE EXCHANGE OR THROUGH OR FROM THE EXCHANGE WEBSITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE EXCHANGE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE EXCHANGE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE EXCHANGE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE EXCHANGE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EXCHANGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE EXCHANGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EXCHANGE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE EXCHANGE SERVICE.

21. EXCLUSIONS AND LIMITATIONS

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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

22. SPECIAL ADMONITION FOR THE EXCHANGE WEBSITE RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Exchange website concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Exchange website is provided for informational purposes only, and no Content included in the Exchange website is intended for trading or investing purposes. The Exchange and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Exchange website, and shall not be responsible or liable for any trading or investment decisions based on such information.

23. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

24. NOTICE

The Exchange may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Exchange website, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Exchange website in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Exchange website in an authorized manner.

25. TRADEMARK INFORMATION

You agree that all of the Exchange’s trademarks, trade names, service marks and other Exchange logos and brand features, and product and service names are trademarks and the property of the Exchange (the “Exchange Marks”). Without the Exchange’s prior permission, you agree not to display or use in any manner the Exchange Marks.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

The Exchange respects the intellectual property of others, and we ask our users to do the same. The Exchange may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Exchange’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Exchange’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
National Performing Arts Funding Exchange
1100 15th Street NW
Washington, DC 20005-1707

By email: admin@npafe.org

27. CLOSED CAPTIONING

The Exchange complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.

28. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and the Exchange and governs your use of the Exchange website, superseding any prior version of this TOS between you and the Exchange with respect to the Exchange website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Exchange website, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and the Exchange each agree that the TOS and the relationship between the parties shall be governed by the laws of the District of Columbia, United States of America without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and the Exchange, shall be brought exclusively in the courts located in the city of Washington, District of Columbia or the U.S. District Court for Washington, D.C. You and the Exchange agree to submit to the personal jurisdiction of the courts located within the city of Washington, D.C. or the Federal District Court, Washington, D.C., and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of the Exchange to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Exchange account is non-transferable and any rights to your Exchange ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Exchange website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

29. VIOLATIONS

Please report any violations of the TOS to admin@npafe.org

Last updated December 27, 2022