Restrictions on Use of Materials
You acknowledge that this site may contain information, photos, text, images and other material and services (collectively “Content”), which are generally provided by Loew-Cornell, LLC, Inc., its parent company or its subsidiaries (collectively “LOEW-CORNELL®/MD”) or by licensors of LOEW-CORNELL. You agree and acknowledge that, notwithstanding that LOEW-CORNELL permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively “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. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, 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 non-profit personal or classroom educational purposes. No other use may be made of the content without the express written permission of LOEW-CORNELL, LLC.
Third Party Property
You agree that you may upload to 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 The Community Gallery 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. 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. You acknowledge that LOEW-CORNELL does not screen Content, but that LOEW-CORNELL shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content. LOEW-CORNELL shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that LOEW-CORNELL may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety LOEW-CORNELL, the users of this site, and the public.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall LOEW-CORNELL be liable for any special, direct, indirect, punitive or consequential damages that result from the use of, or the inability to use, the materials in this site, even if LOEW-CORNELL or a LOEW-CORNELL authorized representative has been advised of the possibility of such damages. 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 LOEW-CORNELL’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
The materials in this site are provided “as is” and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, LOEW-CORNELL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantab8ility and fitness for a particular purpose. LOEW-CORNELL does not warrant that the functions contained in the materials 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. LOEW-CORNELL 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. You (and not LOEW-CORNELL) assume 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.
LOEW-CORNELL welcomes comments regarding its products and services. However, LOEW-CORNELL’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid possible misunderstandings when projects developed by LOEW-CORNELL may appear similar to someone else’s creative work. Please do not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific and limited in your comments on those services and products and do not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of LOEW-CORNELL. None of the Information shall be subject to any obligation of confidentiality on the part of LOEW-CORNELL and LOEW-CORNELL 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.