These Terms and Conditions apply to the web site located at http://www.normanives.org (the “Web Site”) which is the property of The Norman S. Ives Foundation. By using this site, you agree to the following Terms and Conditions (the “Terms”); if you do not agree to the Terms then do not use this Web Site. The Ives Foundation reserves the right to modify the Terms at any time. Your subsequent use of the Web Site constitutes your acceptance of any modified Terms; accordingly, you should periodically visit this page to review the Terms.
All content included on the Web Site is protected by copyright laws. Software, documentation, electronic text and image files, audio and video clips, and other materials are protected by copyright laws, trademark laws, and various other intellectual property and unfair competition laws. The Ives Foundation retains all rights to all works of art by Norman Ives depicted on this site, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this Web Site may also be held by individuals and entities other than, or in addition to, the Ives Foundation. The Ives Foundation expressly prohibits the copying of any protected materials on the Web Site, except as provided in the Terms.
The names, titles, trademarks, service marks, and logos that appear on the Ives Foundation Web Site are registered and unregistered marks of the Ives Foundation, including but not limited to IVES and Ives Foundation. You may not use the Ives Foundation’s trademarks without the Ives Foundation’s prior written permission.
The trademarks of third parties may also appear on the Ives Foundation Web Site; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Ives Foundation Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Ives Foundation’s trademarks, or may be construed to mean that the Ives Foundation has authority to grant, or has granted, any right or license on behalf of any third party trademark owner.
Unauthorized commercial publication, exploitation or distribution in any manner of the Web Site, or any portion thereof, or the Ives Foundation’s files, text, data and images, is specifically prohibited. Such uses require the advance written permission of the Ives Foundation or its representatives. Permission for such use is provided for on a case-by-case basis at the sole discretion of the Ives Foundation.
Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the Ives Foundation:
The Norman S. Ives Foundation
5075 Grundy Way
Doylestown, PA 18902
Attn: John S. Ives
The content posted on the Web Site is made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In such cases, users are encouraged to contact the Foundation with any questions. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.normanives.org”. By downloading, printing, or otherwise using text and image files from this Web Site, users warrant and represent that they will limit their use of such files to fair use, and will not violate the proprietary rights of the Ives Foundation or the rights of any other party.
All rights not expressly granted by the Ives Foundation in the Terms are specifically and completely reserved. Nothing on the Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Ives Foundation has authority to grant any right or license on behalf of any third party.
By using the Web Site you warrant that you will not make use of the Web Site for any illegal or improper purpose. By using the Web Site, you agree to indemnify and hold harmless the Ives Foundation from any and all liability caused by or arising out of any use whatsoever made by you of the Web Site or its content. The user agrees to indemnify, defend, and hold harmless the Foundation and its directors, officers, agents, and employees from all claims, costs, allegations, expenses, fees ( including reasonable attorney’s fees), judgments, liabilities, losses, and damages, arising from or related to the user’s use or operation of this Web Site or its content. The Terms incorporate by reference any notices elsewhere on the Web Site and constitute the entire agreement regarding user access to the Web Site and its content, If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be severable from the remaining provisions and shall not affect their validity or enforceability. The Foundation’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
The Ives Foundation will not be held responsible for any expense, loss, or grievance incurred by the use of the Web Site. No endorsement or recommendation of any kind is given or implied. The Web Site and all content is provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. The Ives Foundation does not warrant that the Web Site will be error free or uninterrupted, nor does it warrant that files or data downloaded will be free of viruses or destructive features. The Ives Foundation shall not be liable for any indirect, consequential, incidental, or punitive damages of any kind, even if the Ives Foundation has been advised of the possibility of such damages. The Ives Foundation is not responsible for the content of any off-site pages or other sites linked to the Web Site. Your use of links to any off-site pages or other sites is at your own risk. The Ives Foundation reserves the right to terminate your access to the Web Site or any portion thereof.
The Terms shall be governed and construed in accordance with the law of the State of Pennsylvania, without regard to its principles of conflicts of laws. Any dispute arising out of, in connection with, or related to, the use of this Web Site or its content shall be brought in any Federal or State court for Bucks County, Pennsylvania, and the user waives any objection to personal jurisdiction over the user in these courts.