Terms and Conditions
Description of the Services Website
CBFA aims to continue Chadwick Boseman’s legacy of uplifting and inspiring through the arts. CBFA activities include developing a program of annual and at-need scholarships for students at Historically Black Colleges and Universities (HBCU) studying the arts, the administering of targeted impact gifts and grants on a case-by-case basis to community theater and arts programs in Black communities, and ongoing programming for young artists to provide continued support and mentorship throughout their artistic careers. The Website provides users with access to a variety of information, resources, works of authorship, e-newsletters, videos, and other relevant content (collectively, the “Content”).
If you reside in a jurisdiction that restricts the use of the Website—or any of the functionalities or features offered via the Website—because of age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.
Intellectual Property Rights
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of the Chadwick Boseman Foundation for the Arts Inc. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CBFA. All other trademarks, service marks, trade dress, product names, company names, and logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos on the Website without the prior written authorization of CBFA or their respective owners.
Except as otherwise expressly stated, all Content appearing on the Website is the copyrighted work of either CBFA or third party partners and suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of CBFA and is protected by U.S. and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner without the prior written authorization of CBFA or any applicable third party suppliers or authorized users. The use of Content, including images, by you or anyone else authorized by you is prohibited unless specifically permitted by CBFA.
CBFA License Grant
Reservation of Rights
CBFA reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend, or discontinue, temporarily or permanently, the Website, in whole or in part, including, as we deem necessary, for purposes of maintenance, upgrades, and the like; to maintain the Website; and to comply with applicable law. CBFA shall not be liable to you or to any third party for any such modifications, suspensions, or discontinuances of the Website.
Rules for Payments and Payment Processing
You can make an online donation to CBFA. CBFA has engaged the services of a third party payment service provider(s) to process all donation and payment transactions. CBFA is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and CBFA is not responsible in any way for the actions or performance (or lack thereof) of such third-party payment service provider(s). Accordingly, CBFA expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that CBFA shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service providers will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties.
You hereby acknowledge and agree that (1) for all donations, you will not use an invalid or unauthorized credit or debit card or other payment method, and (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by email at firstname.lastname@example.org.
You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of CBFA Website and Content. You also acknowledge and agree that use of the Internet and access to or transmissions or communications with CBFA Website is solely at your own risk. While CBFA has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to or from CBFA Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, CBFA is not responsible for the security of any information transmitted to or from the Website.
Prohibited Use and Activities
In addition to any other restrictions or conditions of use, you hereby acknowledge, represent, and warrant that your use of the Website will not be or alleged to be unlawful, unauthorized, fraudulent, or malicious in purpose. In addition, you agree you will not:
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Website or Content in any way;
- Modify or make derivative works based on the Website or Content;
- Create Internet hyperlinks to the service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
- Reverse-engineer or access the Website in order to (a) design or build a competitive product or service; (b) design or build a product using similar ideas, features, functions, or graphics of the services or application; or (c) copy any ideas, features, functions, or graphics of the services or application;
- Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, and any program that may make multiple server requests per second or unduly burdens or hinders the operation and/or performance of the services or Website; or
- Interfere with or disrupt the integrity or performance of the Website or the data contained therein or attempt to gain unauthorized access to the Website or its related systems or networks.
Links to Third Party Websites, Materials, and Content
Service Provided in United States and Compliance with Laws
CBFA Website is hosted in the United States. If you are a non-U.S. user of CBFA, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
We make no representations that the Website and any and all information contained therein, including any Content, is appropriate, available, or legal in any particular location. The Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CBFA to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and all related services, information, and Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local, and any other applicable laws, statutes, ordinances, and regulations regarding your use thereof.
The Content contained on this Website has been prepared by CBFA as a convenience to its donors, users, and Website visitors. CBFA has used reasonable efforts in collecting, preparing, and providing such Content but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content contained in or linked to this Website or any other Website maintained by CBFA.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE CBFA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND ACCURACY. THE CBFA MAKES NO WARRANTY THAT THE WEBSITE AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH ISSUES WILL BE CORRECTED.
Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE CBFA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, AND PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE) AND YOUR USE OF OUR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE CBFA AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AND THE CBFA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR THE CBFA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE CBFA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE CBFA FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE CBFA, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Term and Termination