Merce Cunningham

This website and its content are owned and operated by the Merce Cunningham Trust (the “Trust”). Copyright the Merce Cunningham Trust, 2017. All company names, graphics, logos, trademarks, service marks or other designations of origin appearing on this website are the property of the Trust, its affiliates, or other respective owners.

By clicking AGREE below, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. You may not make use of this website if you are not legally allowed to form a binding contract with us or if you are prohibited from using the website under these terms by any applicable national laws.

Ownership and Permitted Use. By using this website, you acknowledge that the material provided on this website is the property of the Trust or its licensors and is protected by U.S. and worldwide copyright laws and treaties. The contents of this website are for your or your organization’s personal internal and/or educational use only. The texts, graphics, designs, photographs, video and audio content contained in this website may not be reproduced, downloaded or modified in any form (including by using a video “grabber”) without the express written permission of the Trust or, if another copyright holder is identified on any such materials, such other copyright holder.

Permission is granted for you to make limited copies of materials contained in our website as necessary solely for informational and non-commercial use within your organization and to disseminate such copies within your organization; provided that you keep intact all copyright, trademark, and other proprietary notices, including watermarks. Once you have completed your use of materials from our website, you must destroy them or return them to the Trust.

Unauthorized Use. Except as specifically stated above and in any express written permissions (if any) you received enabling you to access the website, you may not copy, reproduce, distribute, republish, download, display, post, transmit, remove, delete, augment, modify, create derivative works of, participate in the transfer or sale of the use of, or access to, the website or any content therein, nor in any way sell, transfer or otherwise exploit any of the material appearing on the website, in whole or in part, in any form without the Trust’s prior written permission. You also may not, without the Trust’s prior written permission, “mirror” any material contained on our website or any other server. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the website. Further, you may not use any such automated means to manipulate the website or attempt to exceed the limited license granted to you under these Terms of Use and under the express written permissions (if any) you received enabling you to access the website.

Disclaimer. Your use of our website is at your own risk. All information published by the Trust on this website is provided “AS IS” WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENTS WILL MEET YOUR REQUIREMENTS, IS ACCURATE, ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

Links to other websites. The Trust may provide hyperlinks or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only. The content in any linked website is not under our control and if you decide to access any such website, you do so entirely at your own risk. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor any such website or that we are affiliated with such third party. Mention of non-Trust products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Limitation of Liability. Under no circumstances shall the Trust be liable to any person for any direct, special, incidental, punitive, indirect or consequential damages, loss of profits or revenues or costs of replacement goods resulting from any use or misuse of this website or reliance on the information presented in or through this website, even if the Trust knew or should have known in advance of the possibility of such damages.

Indemnity. You agree to defend, indemnify and hold harmless the Trust, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your use or misuse of materials or features available on the website or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Digital Millennium Copyright Act (DMCA). We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy to remove materials known by us to infringe another party’s copyright from the website.

If you believe any materials on the website infringe your own or another person’s copyright, you may submit a notification pursuant to the DMCA by providing us with written notice that at a minimum contains:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• All DMCA notices should be sent to our designated agent as follows:
• The Merce Cunningham Trust
  130 W. 56th Street, Suite 707
  New York, NY 10019
  Attn: Kenneth Tabachnick, Executive Director

Changes. Information published on this website, including the Terms of Use, is subject to change without notice, and any such changes shall be effective upon posting. You can review the most current version of these terms by clicking on the “Terms of Use” link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the website after we post any changes to the Terms of Use, you are signifying your acceptance of the new Terms of Use.

Privacy: Your privacy and the confidentiality of your personally identifiable information are very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Applicable Law. The Trust makes no representation that the information contained in this website or that access to this website is appropriate or available for use throughout the world. You are responsible for compliance with all applicable local laws in the geographic area from which you access this website, including but not limited to, all applicable export and import laws and regulations. This Terms of Use agreement shall be governed by the laws of the State of New York, USA, exclusive of its conflict of law provisions.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. Any failure or delay by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Acknowledgement. The Terms of Use, including all documents referenced herein, represents the entire understanding between you and the Trust regarding your relationship with this website and supersedes any prior statements or representations regarding use of this website made by you or the Trust.