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Terms & Conditions
Last Updated: September 12, 2022
These Terms and Conditions apply to the web site located at www.dedalusfoundation.org and our affiliate websites, subdomains, mobile versions, any associated applications and services (the “Web Site”), which is the property of the Dedalus Foundation (“we” or “us”). By using the Web Site, you agree to the following Terms and Conditions (the “Terms”); if you do not agree to the Terms, then do not use this Web Site. The Dedalus Foundation reserves the right to modify the Terms at any time. Your subsequent use of the Web Site constitutes your acceptance of the modified Terms; you should therefore periodically visit this page to review the Terms.
You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to register for our news and updates. While individuals under the age of 18 may utilize the Web Site (but in no event younger than 13), they must do so only with the involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. We do not seek through this Web Site to gather personal information from or about persons under the age of 18. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
Web Site Access, Linking.
The Dedalus Foundation grants you permission to use its Web Site as set forth in these Terms, provided that and for so long as (i) you use the Web Site solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, sell, distribute, publicly display or otherwise use or exploit any portion of the Web Site in any medium without the Dedalus Foundation’s prior written authorization; (iii) you do not alter or modify any part of the Web Site other than as may be reasonably necessary to use the Web Site for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Web Site is controlled and offered by the Dedalus Foundation from its facilities in New York in the United States of America. The Dedalus Foundation makes no representations that the Web Site is appropriate or available for use in other locations. If you are accessing or using the Web Site from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
The Web Site, including all works of art by Robert Motherwell depicted on this Web Site, content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer codes, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Web Site that are provided by the Dedalus Foundation (“The Dedalus Foundation Materials”) are owned and/or licensed by the Dedalus Foundation and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Except as expressly authorized by the Dedalus Foundation, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Web Site or The Dedalus Foundation Materials. Copyrights and other proprietary rights in the material on this Web Site may also subsist in individuals and entities other than, and in addition to, the Dedalus Foundation. The Dedalus Foundation reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to The Dedalus Foundation Materials, except for the limited rights expressly set forth in these Terms.
The Dedalus Foundation is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. This Web Site is fully conformant with WCAG 2.0 level AA. Fully conformant means that the content fully conforms to the accessibility standard without any exceptions. The Dedalus Foundation assessed the accessibility of the Web Site through external evaluation.
We welcome your feedback on the accessibility of the Web Site. Please let us know if you encounter accessibility barriers by phone at (212) 220-4220 or by email at email@example.com. You agree that with respect to any feedback, analysis, suggestions and comments to The Dedalus Foundation provided by you (collectively, “Feedback”), IN CONSIDERATION OF THE DEDALUS FOUNDATION PROVIDING ACCESS TO THE WEB SITE FREE OF CHARGE, YOU HEREBY GRANT TO THE DEDALUS FOUNDATION THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. You represent and warrant that you have the right to make the foregoing grant to The Dedalus Foundation and that any Feedback which is provided by you to us does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, we grant to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
Prohibited Uses of the Web Site
- As a condition of your use of the Web Site, you hereby represent and warrant that you will not use the Web Site for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
- Except as expressly provided in the “Web Site Access, Linking” section herein, you agree not to create derivative works of the Web Site content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of the Dedalus Foundation and any applicable licensors.
- You agree not to use the Web Site if you do not meet the eligibility requirements described above.
- You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Web Site, or collect, or attempt to collect, personal information about users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Web Site or any user’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Web Site with the intended result of denying service to other users.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Web Site, features that prevent or restrict the use or copying of any part of the Web Site, or features that enforce limitations on the use of the Web Site.
- You agree not to attempt to gain unauthorized access to the Web Site or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Web Site or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Web Site or any activities conducted through the Web Site.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site. You agree neither to modify the Web Site in any manner or form, nor to use modified versions of the Web Site, including (without limitation) for the purpose of obtaining unauthorized access to the Web Site or for the removal of any proprietary notices or labels on the Web Site.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Web Site.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other The Dedalus Foundation Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing the Dedalus Foundation’s name or trademarks without the Dedalus Foundation’s express prior written consent.
- You agree not to use any the Dedalus Foundation logos, graphics, or trademarks as part of the link without our express prior written consent.
- You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Web Site to any third party.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Web Site or to insert your own or a third party’s advertising, branding or other promotional content on the Web Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to use the Web Site in any manner that could interrupt, damage, disable, overburden or impair the Web Site, or interfere with any other party’s use and enjoyment of the Web Site, including, without limitation, sending mass unsolicited messages or “flooding” servers.
- You agree not to modify, adapt, translate, or create derivative works based upon the Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to use the Web Site to “stalk” or otherwise harass or harm another in any way.
- You agree not to post, transmit or otherwise disseminate through the Web Site any content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Web Site or the Dedalus Foundation Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
The Dedalus Foundation reserves the right to terminate your access to the Web Site or any portion thereof for any reason.
Commercial Use Restricted
Unauthorized commercial publication, exploitation or distribution in any manner of the Web Site, or any portion thereof, and/or the Dedalus Materials is specifically prohibited. Such uses require the advance written permission of the Dedalus Foundation or its representatives listed below. Permission for such use is provided for on a case-by-case basis at the sole discretion of the Dedalus Foundation through its rights administration societies and collecting societies.
The uses described above are monitored, protected, and enforced by Artists Rights Society throughout the world. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the Dedalus Foundation.
To request permission for reproduction throughout the world of any of the works of art on this Web Site, please contact Janet Hicks at the Artists Rights Society (firstname.lastname@example.org).
The content posted on the Web Site is made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. In such cases, users are encouraged to contact the Foundation with any questions. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.dedalusfoundation.org”. By downloading, printing, or otherwise using text and image files from this Web Site, users warrant and represent that they will limit their use of such files to fair use, and will not violate the proprietary rights of the Dedalus Foundation or the rights of any other party.
Social Media Component
In certain sections of the Web Site, you may also be able to post your comments on Facebook, Twitter, Instagram or other social media platforms. For example, your friends and others who have access to view information about you on Facebook, Twitter, Instagram or other social media platforms will be able to see (on Facebook, Twitter, Instagram and/or other social media platforms and on our Web Site) that you posted a comment. You’ll also be able to see similar information about your Facebook, Twitter, Instagram or other social media platform friends who are connected to our Web Site. In addition, our Web Site may personalize and otherwise enhance your experience based on your Facebook, Twitter, Instagram or other social media platform information, such as your basic information, likes and interests. Please pay careful attention to your Facebook, Twitter, Instagram or other social media platform settings in your account as well as your privacy settings in Facebook, Twitter, Instagram or other social media platforms which will impact this feature and may give you some control over the information that is shared and who it is shared with.
While we hope that you find these features to be a great way to share information, including discovering new content, you may nonetheless disconnect your accounts at any time by signing into your account. Facebook, Twitter, Instagram or other social media platforms also offer ways to manage the information you share with the Dedalus Foundation. Please see the respective websites for details.
BY POSTING CONTENT ON OUR SOCIAL MEDIA PAGES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK, TWITTER, INSTAGRAM AND/OR OTHER SOCIAL MEDIA PLATFORMS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE SOCIAL MEDIA PLATFORMS). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK, TWITTER, INSTAGRAM OR OTHER SOCIAL MEDIA PLATFORM FEATURES.
Reservation of Rights
All rights not expressly granted by the Dedalus Foundation herein are specifically and completely reserved. Nothing on the Web Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Dedalus Foundation has authority to grant any right or license on behalf of any third party.
The Dedalus Foundation may make changes to or discontinue any of the Dedalus Foundation Materials, web communities, products or services available on the Web Site at any time, and without notice, and the Dedalus Foundation makes no commitment to update these materials on the Web Site.
From time to time, we test various aspects of the Web Site, including the platform, user interfaces, promotions, features and availability of the Dedalus Foundation Materials, and we reserve the right to include you in or exclude you from these tests without notice.
Indemnification; Hold Harmless.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE DEDALUS FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE WEB SITE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. THE DEDALUS FOUNDATION RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF THE DEDALUS FOUNDATION. THE DEDALUS FOUNDATION WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
DISCLAIMERS; NO WARRANTIES.
- YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THESE TERMS, THE TERM THE DEDALUS FOUNDATION INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUBCONTRACTORS.
- NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DEDALUS FOUNDATION DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DEDALUS FOUNDATION OR THROUGH THE WEB SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE DEDALUS FOUNDATION MATERIALS AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- WEB SITE OPERATION. THE DEDALUS FOUNDATION DOES NOT WARRANT THAT THE DEDALUS FOUNDATION MATERIALS, WEB SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEB SITE OR ANY REFERENCE WEBSITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- THE DEDALUS FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE OR ANY REFERENCE WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
- HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE WEB SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
- THE DEDALUS FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE DEDALUS FOUNDATION READY DEVICES OR THE COMPATIILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end license agreements you have agreed to by using our service.
LIMITATION OF LIABILITY AND DAMAGES
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE DEDALUS FOUNDATION OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE DEDALUS FOUNDATION MATERIALS ON THE WEB SITE OR ANY REFERENCE WEBSITES, THE WEB SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE DEDALUS FOUNDATION, EVEN IF THE DEDALUS FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF DAMAGES. IN NO EVENT SHALL THE DEDALUS FOUNDATION OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEB SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
- LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT THE DEDALUS FOUNDATION HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DEDALUS FOUNDATION, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE DEDALUS FOUNDATION. YOU ACKNOWLEDGE AND AGREE THAT THE DEDALUS FOUNDATION WOULD NOT BE ABLE TO PROVIDE THE WEB SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Digital Millennium Copyright Act Compliance (“DMCA”)
- Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any content on the Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Web Site and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Web Site;
- Information reasonably sufficient to permit the Dedalus Foundation 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;
- 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
- 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.
The Dedalus Foundation’s designated Copyright Agent to receive notifications of claimed infringement is:
The Dedalus Foundation
Attn: Copyright Agent
25 East 21st Street, 4th Floor
New York, New York 10010
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
- Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Web Site by, or disable and/or terminate the accounts of, Users who may be infringers.
- Copyright Counter-Notices. If content you posted on the Web Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
- To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
- Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
- Identify the specific URLs of (or other information sufficient to allow us to identify) material that the Dedalus Foundation has removed or to which the Dedalus Foundation has disabled access.
- Provide your full name, address, telephone number and email address.
- Provide a statement that you consent to the jurisdiction of the Southern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
The Dedalus Foundation
Attn: Copyright Agent
25 East 21st Street, 4th Floor
New York, New York 10010
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Web Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
- Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Web Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
All matters relating to the use of the Web Site or its content will be governed by the laws of New York State without regard to its conflict of laws provisions. Venue and jurisdiction for any dispute relating to the Web Site shall be adjudicated exclusively in the United States District Court for the Southern District of New York.
For any dispute you have with us, you agree to first contact us through email email@example.com and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, you agree that any action at law or in equity arising out of or relating to these Terms or the Web Site shall be filed only in the state or federal courts in and for New York County, State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notice for California Users.
Under California Civil Code Section 1789.3, users of our Web Site service from California are entitled to receive the following information on how to resolve a complaint regarding the Web Site service or to receive further information regarding use of the Web Site service:
Such complaints or requests may be submitted to the Dedalus Foundation by using one (1) of the following methods:
By E-mail: firstname.lastname@example.org or
By U.S. Postal Mail:
The Dedalus Foundation
Attn: Copyright Agent
25 East 21st Street, 4th Floor
New York, New York 10010
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Dedalus Foundation to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Dedalus Foundation without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and the Dedalus Foundation relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with the Dedalus Foundation. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by the Dedalus Foundation as set forth herein. All rights not expressly granted in these Terms are reserved to us.
The services hereunder are offered by the Dedalus Foundation located at:
25 East 21st Street, 4th Floor
New York, New York 10010
Copyright © 2022. The Dedalus Foundation. All Rights Reserved.