Terms & Conditions of Use

The Committee for Cultural Policy, Inc. DBA Cultural Property News provides this website and its content (together, the “Website”) for informational purposes only.  The information includes information provided by third parties. The Committee for Cultural Policy, Inc. does not endorse or take responsibility for any third party information.  Third party links do not represent an endorsement of any other party or website. The Committee for Cultural Policy, Inc. does not take any responsibility for any content, advertising, products or services made available on or through such third parties’ websites.  All use of, or reliance on, third parties’ websites, content, products or services is at your own risk.

The content of this website is intended for informational purposes only. Nothing herein is intended to form the basis of an attorney-client relationship or constitute legal advice. Although articles and text on this Website may contain law-related content, this website and the website’s contributing authors do not provide legal advice. Sending e-mail to this website will not create an attorney-client relationship. Your use of this web site is at your own risk. We are not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.

PRIVACY POLICY

Your privacy is important to us.  We maintain physical, electronic and procedural safeguards to store and secure information about you from unauthorized access, alteration and destruction.  We collect information from you only to create content and functionality that best serve your needs and interests, to improve the quality of the service we provide for you, and to meet legal and regulatory requirements.  We never rent or sell your name or other personally identifiable information.  We will not share information with people or entities that are not affiliates (“nonaffiliated third parties”) except as described below.

Policy Introduction

This Privacy Policy (“Policy”) describes The Committee for Cultural Policy, Inc.’s collection and use of data from visitors or users who access data, communications or software applications on or through this Website.  As a user or visitor of this Website, you are referred to herein as “you” or “user”.

This Policy may change over time. The Committee for Cultural Policy, Inc. shall provide notice of changes to the Policy on this Website.  Such changes shall become effective on the tenth calendar day after their initial posting on this Website.  If you want to opt out of any new disclosures we propose to make, you must notify us before the effective date of the change.  Use or visitation of this Website following any such ten-day period signifies your consent to such additional changes.  Therefore, The Committee for Cultural Policy, Inc. recommends that you review this Policy regularly to ensure that you are familiar with the Policy.

If at any time you have questions regarding this Policy, you may contact a representative of THE COMMITTEE FOR CULTURAL POLICY, INC. by sending an e-mail to info@culturalpropertynews.org

Collection of Personal Information

The Committee for Cultural Policy, Inc. understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”).  In order for The Committee for Cultural Policy, Inc. to provide and improve her services, The Committee for Cultural Policy, Inc. collects and maintains Personal Information about users. The Committee for Cultural Policy, Inc. collects Personal Information in circumstances when you knowingly provide Personal Information.  The Website will indicate when the provision of any Personal Information is optional.

In the normal course of serving our users, The Committee for Cultural Policy, Inc. may disclose Personal Information of the type listed below to The Committee for Cultural Policy, Inc. ’s affiliates and agents for purposes related to the services and information provided by The Committee for Cultural Policy, Inc. The Committee for Cultural Policy, Inc. may collect and store the following information:

Personal Information from emails that have been sent by users to The Committee for Cultural Policy, Inc., including email address, email subject, or other information provided by the user;

Personal Information collected from users’ registration forms, including name, physical address, email address, etc.;

Personal Information collected when a user applies for a position with The Committee for Cultural Policy, Inc. or programs sponsored by The Committee for Cultural Policy, Inc.

Use of Personal Information

Except as otherwise provided herein, The Committee for Cultural Policy, Inc. will not disclose any Personal Information.  We may disclose some or all of your Personal Information to our affiliates.  We do this in order to enhance the services that you receive.  Unless otherwise explained to you, these affiliates do not have any right to use your information that we provide to them beyond what is necessary to assist us.

We use Personal Information to provide services for you.  Your Personal Information lets us know how to contact you so that we may answer your questions or respond to your requests.  We may use Personal Information to analyze trends, track visitors’ movements and gather broad demographic information for aggregate use. In addition, when a user applies for a position with The Committee for Cultural Policy, Inc. or for a program sponsored by The Committee for Cultural Policy, Inc., we will use any related Personal Information provided by the user only for the purpose of processing and evaluating the application.

We may also disclose some or all of your information to nonaffiliated third parties such as our legal or other advisors or external service providers who help us maintain and improve our services.  These parties are subject to their own security and privacy policies and procedures.  We may also disclose information to government authorities when required or permitted by law or regulation.  We may disclose information as necessary to comply with a subpoena or court order, or to protect our rights or the rights of another person for any reason permitted by law or regulation.  If it is lawful to do so, The Committee for Cultural Policy, Inc. will make reasonable efforts to notify you of any request for disclosure of your information as soon as reasonably practicable following receipt of such a request.

We recognize that your information is very sensitive, and protecting the privacy of this information is a top priority for us.  Your information is not shared by The Committee for Cultural Policy, Inc. with any non-affiliated parties, unless such disclosure is necessary for one of the reasons stated in the preceding paragraphs. However, The Committee for Cultural Policy, Inc. reserves the right to transfer Personal Information to a third party in the event of a sale of stock, merger or consolidation or other transfer of all or substantially all of the assets of The Committee for Cultural Policy, Inc., whether voluntarily or by operation of law, to such third party, provided that such third party agrees to protect the confidentiality of your Personal Information consistent with this Policy.

Protecting the Confidentiality and Security of Personal Information

This website takes reasonable precaution to protect visitors’ Personal Information obtained on or through this Website.  Please note, however, that no transmission over the Internet can be 100% secure.

Links to Third Party Sites

The Committee for Cultural Policy, Inc.’s Website contains links to other sites.  Such links are provided solely for your convenience.  This Policy applies solely to information collected by or through the Committee for Cultural Policy, Inc. website. The Committee for Cultural Policy, Inc.  is not responsible for the content, privacy and security practices of other sites.  In addition, please note that The Committee for Cultural Policy, Inc. does not take responsibility for the privacy practices of other websites that link to the Committee for Cultural Policy, Inc. Website.  You should consult the privacy policies of each linked website to determine whether such website’s privacy policy is acceptable to you.

No government entity has direct access to your data. Where we receive a request from a government or law enforcement authority to provide your data, we will only disclose such information where we are ordered to do so by a court or we are otherwise satisfied after internal review that the body making the request has both the right to seek disclosure and has followed the correct process.

Notice to EEA Country Members

Non-EEA countries offer varying standards for the protection of personal data and your privacy rights and in some cases, these standards are lower than equivalent EEA standards. When we send your personal data outside the EEA, we have in place the EU Commission approved standard contractual clauses in the form of an appropriate data transfer agreement.

We will retain your personal data for as long as is necessary to provide the relevant services, maintain business records to satisfy tax, legal and other regulatory requirements, and protect and defend against potential legal claims.

If you are a resident of the EU, you have the legal right to make a “subject access request”. If you exercise this right and we process personal data about you by automated means or as part of a Filing System, we are required to provide you with a description and copy of that personal data, and tell you why we are processing it.

As well as your subject access right, you may have a legal right to have your personal data rectified or erased, to object to its processing, or have its processing restricted.

If you have provided us with data about yourself and the grounds for processing is Contract or Consent, you have the right to be given the data in machine readable format for transmitting to another data controller.

Please contact us at info@culturalpropertynews.org if you would like to exercise any of your rights explained above in relation to your personal data.

Your use of the Website signifies that you agree to the terms of this Policy.

Disclaimer of Warranties

The website is provided to you strictly on an “as is” basis without warranties of any kind, either express or implied.  You expressly understand and agree that The Committee for Cultural Policy, Inc. makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or complete­ness of the website or any content.  The Committee for Cultural Policy, Inc. disclaims, any representation or warranty of any kind whatsoever, directly or indirectly, whether express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability and fitness for a par­ticular purpose, or non-infringement of third-party rights, with respect to the website or any content herein. 

Limitation of Liability

In no event, shall The Committee for Cultural Policy, Inc., or any agents, representatives or licensors be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability) for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, data or programming, (whether in an action in contract, tort, product liability, statute or otherwise (even if The Committee for Cultural Policy, Inc.  has been advised of the possibility of such damages) arising out of (a) your use of the website, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information accessed on or through the website, (b) your inability to use the website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or though the website, (c) the deletion, correction, destruc­tion, damage, loss or failure to store any information, or (d) any other matter relating to the website.

Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions The Committee for Cultural Policy, Inc.’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction.

Without limiting the foregoing, you agree that if you use third-party information, services or products offered on a website linked to or that is otherwise referred to on or through this website, such party is solely responsible for such information, services or products, and you hereby release The Committee for Cultural Policy, Inc., and any officers, directors, advisors, members, employees, agents, representatives and licensors, from any claims, demands and damages (including, but not limited to, direct, indirect, inci­dental, special, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such party and any disputes between you and such party.

Indemnification

You agree to indemnify and hold harmless, and at The Committee for Cultural Policy, Inc.’s option, defend The Committee for Cultural Policy, Inc. and any employees, agents, representatives and licensors, from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of (a) any breach of these Terms and Conditions of Use or (b) any use of the Website by you.

Miscellaneous

These Terms and Conditions of Use, including the Privacy Policy and Acceptable Use Policy and all other policies of The Committee for Cultural Policy, Inc. incorporated by reference herein, as may be amended from time to time by The Committee for Cultural Policy, Inc. including, but not limited to, by posting such amendments on the Website, constitute the complete and exclusive agreement between The Committee for Cultural Policy, Inc. and you with respect to the subject matter hereof and supersede all prior discussions, understandings and agreements with respect to the subject matter hereof.  If any provision of these Terms and Conditions of Use shall be held invalid in any respect by any court or governmental agency of competent jurisdiction and all appeals have been exhausted, then that provi­sion shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions The Committee for Cultural Policy, Inc.‘s failure or delay to enforce the strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of The Committee for Cultural Policy, Inc.’s right to subsequently enforce such provision or to exercise any other right, power or remedy.  No waiver of any provision of these Terms and Conditions of Use shall be effective unless in writing.  You agree that all agreements, notices, disclosures and other communications between you and The Committee for Cultural Policy, Inc. that are electronic in form satisfy any legal requirement that such communications be in writing.

Use of the Website constitutes acceptance of these Terms and Conditions of Use, which incorporate the Website’s Privacy Policy and Acceptable Use Policy.

ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) sets forth certain permitted and prohibited uses of the Committee for Cultural Policy Website, Cultural Property News.  As a user of the Website, you are referred to herein as “you” or “user.”

The Committee for Cultural Policy, Inc. reserves the right to determine, in its sole discretion, whether a use of the Website is in violation of the AUP. The Committee for Cultural Policy, Inc. reserves the right to monitor the Website, and when The Committee for Cultural Policy, Inc. becomes aware of an actual or attempted violation of the AUP, to take such action as it deems appropriate to address the violation.

The Committee for Cultural Policy, Inc. shall not be responsible for any loss or damage arising out of your failure to comply with the AUP.

PROHIBITED USES

The following are examples of types of uses of the Website that are prohibited under the AUP:

Illegal/Criminal Activity

You may not use the Website to commit, or in connection with, criminal or civil violations of federal, state, local or international laws, regulations or other government requirements.  Such violations include, but are not limited to, theft or infringement of patents, copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery; theft or misappropriation of funds or information; violation of export control laws or regulations; encouraging conduct that would constitute a criminal offense or give rise to civil liability; and assisting or permitting any third parties engaged in or attempting to engage in any of the activities described above.

The Committee for Cultural Policy, Inc. reserves the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties.  In order to cooperate with governmental requests with respect to possible violations of laws or regulations, The Committee for Cultural Policy, Inc. may access and disclose to law enforcement officials, regulators or other third parties, any information The Committee for Cultural Policy, Inc. considers necessary or appropriate.

Security Violations

You are prohibited from violating, or attempting to violate, the security of the Website.  Any such violations may result in criminal and civil liabilities to you.  Examples of prohibited security violations include, but are not limited to, logging into a server or account that you are not authorized to access; accessing data or taking any action to obtain services not intended for you or your use; attempting to probe, scan or test the vulnerability of any system, subsystem or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the system; interfering with, intercepting or expropriating any system, data or information; or interfering with service to any user, host or network including, but not limited to, by means of overloading, “flooding,” “mailbombing” or “crashing” any computer system.

Offensive Materials

The Website may not be used for the distribution of offensive materials, including, but not limited to, materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar or hateful, materials that violate the privacy, publicity or other personal rights of others, or materials that impair the privacy of communications.

Spam

Spam is an unacceptable use of the Website.  Spam includes, but is not limited to, any of the following activities: sending any unsolicited email that could be expected, in The Committee for Cultural Policy, Inc.’s discretion, to provoke complaints; sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email; or sending email that does not accurately identify the sender, the sender’s return address and the email address of origin.

Other Prohibited Conduct

You may not (a) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Website in any manner inconsistent with the purposes for which we offer the material; (c) without our express written permission, copy, modify, or display our name or logo, or any text, graphic images, or other content from the Website; (d) redeliver any of the pages, text, images, or other content of the website using “framing,” redirection or similar technology without our express written permission; (e) use devices (including software) that are designed to provide repeated automated access to the Website other than those made generally available by The Committee for Cultural Policy, Inc.; (f) include The Committee for Cultural Policy, Inc. or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as a metatag, or hidden textual element; (g) include v or any other trademark, trade name or service mark of ours, the name of any of our advisors, members, affiliates or personnel, or any variation of any of the foregoing, as any other indicator that may create a likelihood of confusion or a false or misleading impression of affiliation, sponsorship, or endorsement between us and any user and/or site; (h) collect or store personal data about other users of the Website; (i) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (j) archive the Website; and (k) create a link to the Website unless our express written permission is received and any such link satisfies all of the following requirements: (i) indicates clearly that the link will lead to the Website of The Committee for Cultural Policy, Inc.; (ii) does not falsely or misleadingly represent or suggest any relationship between the linking site and The Committee for Cultural Policy, Inc. (including suggestions of affiliation, endorsement, or sponsorship); (iii) does not link to the Website in a manner that results in the dilution or disparagement of our intellectual property; (iv) delivers content of the Website in a frame environment; (v) maintains the integrity of the layout, content, and look and feel of the Website; and (vi) delivers users to the Website, unaltered, unmodified, unadulterated in any way by the linking site.

Consequences

Violations of the AUP may result in a demand by The Committee for Cultural Policy, Inc. for immediate removal of the offending material, immediate, temporary or permanent filtering, blocked access, suspension or termination of use of the Website, or other action appropriate to the violation, as determined by The Committee for Cultural Policy, Inc. in its sole discretion.  When feasible and lawful, it is The Committee for Cultural Policy, Inc.’s preference to give notice so that violations may be addressed voluntarily; however, The Committee for Cultural Policy, Inc. reserves the right to act without notice as The Committee for Cultural Policy, Inc. may determine in its sole discretion. The Committee for Cultural Policy, Inc. will cooperate with law enforcement agencies if unlawful activity is suspected.  Violators of the AUP may also be subject to civil or criminal liability under applicable law.

The Committee for Cultural Policy, Inc., in its sole discretion, may terminate your access to the Website, or any portion thereof, without notice for any reason, including, but not limited to, if The Committee for Cultural Policy, Inc. believes that you have breached the AUP. The Committee for Cultural Policy, Inc. reserves the right to terminate your access to the Website upon notice if you violate the policies of the Website’s Internet service provider.

INCIDENT REPORTING

Any complaints regarding violations of the AUP by a user should be directed to info@culturalpolicynews.org. Where possible, all complaints should include details that would assist The Committee for Cultural Policy, Inc. in investigating and resolving the complaint (e.g., expanded headers and a copy of the offending transmission).