Pip’s Island Corporation. Terms and Conditions of Use
Thank you for visiting the website of Pip’s Island Corporation. and/or the website of its affiliated projects (“Pip’s Island”). The Pip’s Island Sites are designed to allow visitors to learn more about Pip’s Island and its projects, including shows, workshops and other programs and to receive useful information about Pip’s Island presentations. Pip’s Island provides its information and services to you subject to the following terms and conditions.
Please read carefully the following terms and conditions relating to your use of the Pip’s Island Sites. By using any one of the Pip’s Island Sites, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. By using any of the Pip’s Island Sites after we post any changes to these terms and conditions, you agree to accept those changes. We may in our sole discretion change some or all of our services at any time.
All text, images, graphics, sounds and software code (“Content”) on this Website are copyright property of Pip’s Island and its programmers unless otherwise noted. They may only be used for the personal education of visitors to the Pip’s Island Sites. They may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.
“Pip’s Island”, and other marks indicated on the Pip’s Island Sites are service marks of Pip’s Island. They may not be used or displayed without the prior written consent of Pip’s Island. All other trademarks, product names and company names and logos appearing on Pip’s Island are the property of their respective owners.
User’s Obligations and Eligibility
In consideration of your use of the Pip’s Island Sites, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information you supply to us to keep it true, accurate, current and complete.
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to individuals under the age of 18. If you do not qualify, please do not use our services.
Links to Third Party Sites
The Pip’s Island Sites may contain links to other Internet sites on the World Wide Web. Pip’s Island provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Pip’s Island Sites. Links from the Pip’s Island Sites to any other site do not mean that Pip’s Island approves of, endorses or recommends that site, other than the sites of affiliates. Pip’s Island disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against Pip’s Island with respect to such other sites.
Pip’s Island may terminate your access, or suspend any user’s access to all or part of the Pip’s Island Sites, without notice or recourse, for any conduct that Pip’s Island, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Pip’s Island.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE PIP’S ISLAND SITES IS AT YOUR SOLE RISK. THE PIP’S ISLAND SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PIP’S ISLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) PIP’S ISLAND DOES NOT WARRANT OR REPRESENT THAT (i) THE PIP’S ISLAND SITES WILL MEET YOUR REQUIREMENTS, (ii) THE PIP’S ISLAND SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PIP’S ISLAND SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PIP’S ISLAND SITES WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE PIP’S ISLAND SITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PIP’S ISLAND SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT PIP’S ISLAND OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIP’S ISLAND OR THROUGH OR FROM THE PIP’S ISLAND SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
PIP’S ISLAND AND ITS AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PIP’S ISLAND SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PIP’S ISLAND SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PIP’S ISLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
You agree to indemnify and hold Pip’s Island, and its affiliates, board of trustees, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Pip’s Island Sites, your use of the Pip’s Island Sites, your connection to the Pip’s Island Sites, your violation of the terms of service, or your violation of any rights of another.
These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Pip’s Island Sites will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Pip’s Island makes no representation that materials on the Pip’s Island Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Pip’s Island Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
All notices provided for under this Agreement are to be provided by e-mail. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of the e-mail address that you provide, and all of Pip’s Island’s notice delivery obligations shall be deemed completed upon the transmission of the e-mail notice from Pip’s Island’s computer systems, whether or not such notices are in fact received by you. Any e-mail sent to Pip’s Island shall be deemed received by Pip’s Island at the time such notice is actually received on any Pip’s Island computer system.
You and Pip’s Island are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Pip’s Island Sites in a way that constitutes copyright infringement, you may notify us by providing our 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 interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) identification of the URL or other specific location on the Pip’s Island Sites where the material that you claim is infringing is located;
(4) your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Pip’s Island Sites can be reached as follows:
The Pip’s Island Corporation
400 West 42nd Street,
New York, New York 10036
Any rights not expressly granted herein are reserved.
Any inquiries concerning these terms and conditions of use should be directed to firstname.lastname@example.org.