Terms of Use
By visiting http://www.haringkids.com (haringkids.com), you are agreeing to
adhere to the terms and conditions of used stated below. If you do not agree
to these terms, please do not use this site. We reserve the right without
notice, at our sole discretion, to change, modify, add, or remove portions
of the following terms at any time.
Restrictions
This site is owned and operated by The Estate of Keith Haring (The Estate)
and controlled from its offices within the State of New York, United States
of America. All information (Content) on this site including communications,
photos, text, video, graphics, music, sounds, images and other material and
services you may not modify, publish, transmit, participate in the transfer
or sale of, reproduce, create derivative works from, download, distribute,
perform, display, incorporate into another web site, or in any other way exploit
any of the Content in whole or in part except for personal or classroom educational
purposes, without the prior express written permission of The Estate.
Rights
You agree and acknowledge, notwithstanding that
The Estate permits access to the Content of haringkids.com, all Content is
protected by copyrights, trademarks, and other proprietary (including intellectual
property) rights (Rights), that these Rights are valid and protected in all
media now existing or later developed, and that except as specifically provided
in these Terms, your use of the Content shall be governed and constrained
by applicable copyright, trademark and other intellectual property laws. In
addition to The Estate and its licensors' Rights in individual elements of
the Content, The Estate owns a copyright in the selection, coordination, arrangement
and enhancement of the Content.
Third Party Property
By using haringkids.com, you agree that you may upload to the software files
and Discussion Groups, or otherwise transmit on or through this site, only
Content that is not subject to any Rights, or Content in which any holder
of Rights has given express authorization for distribution on the Internet.
By submitting Content to haringkids.com, you automatically grant, or warrant
that the owner of such Content has expressly granted, the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed
for the full term of any Rights that may exist in such Content. By using any
features on this site which allow you to post text, graphics or other data
("Content"), you agree that you will not use such features to transmit any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable. You also agree that you
will not transmit any Content that you do not have a right to transmit or
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party. You also agree that you will not
transmit any Content designed to harm another person or to cause damage to
any computer system. The Estate shall have the right (but not the obligation)
in their sole discretion to refuse or move any Content that violates these
terms and may remove and bar any person who violates these terms. You acknowledge
and agree that The Estate may disclose Content if required to do so by law
or in the belief that such disclosure is necessary for the well being of parties
involved.
Limitation of Liability
Under no circumstances shall The Estate be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials
in this site. Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the above limitation
or exclusion may not apply to you. In no event shall The Estate's total liability
to you for all damages, losses, and causes of action exceed the amount paid
by you, if any, for accessing this site.
Disclaimer
The Estate does not warrant that the functions contained in the materials
on this site will be uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes it available are free of viruses
or other harmful components. The Estate does not warrant or make any representation
regarding the use or the results of the use of the materials in this site
in terms of their correctness, accuracy, reliability, or otherwise. Any visitor
to haring.com assumes the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of implied warranties
so the above exclusion may not apply to you.
Unsolicited Submissions
The Estate welcomes comments regarding its products and services. However,
The Estate's policy does not have to accept or consider creative ideas, suggestions
or materials other than those it has specifically requested. If you send us
creative suggestions, ideas, notes, drawings, concepts or other information
("Information"), the Information shall be deemed, and shall remain, the property
of The Estate. None of the Information shall be subject to any obligation
of confidentiality on the part of The Estate and The Estate shall not be liable
or owe any compensation for any use or disclosure of the Information, other
than such liability as arises out of the copyright or patent laws of the United
States.
E-cards
Haringkids.com users may not send electronic greeting cards to people or other
entities on mailing lists that they do not have full rights to use, nor send
electronic greeting cards to people or other entities with whom they are not
acquainted. Users are prohibited from using false e-mail addresses.
Jurisdictional Issues
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting the knowledge & appreciation for Keith Haring
as well as the concerns of The Estate. The Estate may change, add or delete
programs described in this web site at any time without notice. The Estate
makes no representation that materials in the site are appropriate or available
for everyone, inside and/or outside the United States. Those who choose to
access this site from outside the United States do so on their own initiative
and are responsible for compliance with local laws. Software from this site
is further subject to United States export controls. No software from this
site may be downloaded or otherwise exported or re-exported into (or to a
national or resident of) Cuba, Iraq, Afghanistan, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods;
or to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or
on any such list.
Termination
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any and
all of The Estate's site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice from The Estate if
in The Estate's sole discretion you fail to comply with any term or provision
of this agreement. Upon termination, you must destroy all materials obtained
from this site and any and all other Estate site(s) and all copies thereof.
Other
This agreement shall be governed by and construed in accordance with the laws
of the State of New York, without giving effect to any principles of conflicts
of law. If any provision of this agreement shall be unenforceable for any
reason, then that provision shall be deemed dissolved from this agreement
and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the subject matter
herein and shall not be modified unless The Estate chooses to do so.