Terms and Conditions of Use

By accessing, browsing or using www.ddpaa.org (“Site”) in any manner you agree to be bound by the terms, policies and disclaimers outlined below. Doris Duke Charitable Foundation (“we” and “us”) reserves the right to change or modify these terms, policies and disclaimers at any time. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes.

Copyright Policy

In the event that you submit material to this Site, doing so will be considered automatic permission and authorization for use by the Doris Duke Charitable Foundation, Duke Farms Foundation, Doris Duke Foundation for Islamic Art, Doris Duke Foundation, Creative Capital, and any operating foundation of the Doris Duke Charitable Foundation which may be created in the future.

Unless otherwise explicitly noted, all materials (text or non-text) on this Site are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by Doris Duke Charitable Foundation, and/or its grantees or affiliates or by other parties that have licensed their material to us. We expressly reserve all rights to this Site and our materials under U.S. and international laws.

You may copy or distribute the text materials contained in this Site but only for personal, non-commercial, educational or public policy use, distributed free of charge, provided that you include the following copyright notice on all copies: “© (year, if known) Doris Duke Charitable Foundation. All rights reserved.” and provided that the correct attribution to any additional author(s) and/or copyright owner(s) is noted. The text materials contained in this Site may not be modified or altered in any way.

You may not copy or distribute any photograph, illustration, artwork, video or other graphic material contained on this Site for any use without first obtaining written permission from Doris Duke Charitable Foundation (at webmaster@ddcf.org) and any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.

Trademarks Policy

You acknowledge and agree that the Doris Duke Charitable Foundation’s name, logo and other registered trademarks and service marks (“DDCF Marks”), including those related to the Doris Duke Performing Artist Awards, are trademarks of Doris Duke Charitable Foundation in the United States and other countries. You also acknowledge and agree that the Creative Capital’s name, logo and other registered trademarks and service marks (“CC Marks”) are trademarks of Creative Capital. You may not use DDCF Marks or CC Marks without prior written permission.

Privacy Policy

The Doris Duke Charitable Foundation may collect information from you at several different points on its Site, such as name, email or postal addresses, and we are the sole owner of the information collected on this Site. We do not sell, share, rent or willfully disclose this information to any third party in ways different from what is disclosed in this statement. We may disclose or provide information pursuant to subpoenas, warrants, or other judicial or government orders, in the event an individual’s safety or security is at risk, or as otherwise required by law. While we strive to protect the transmission of any information you submit, no transmission of data is completely secure. Thus, submission is at your risk. We shall not be liable under any circumstances for damages resulting from use or disclosure of information collected from you.

This Site contains links to other Web sites. The Doris Duke Charitable Foundation and Creative Capital are not responsible for the privacy practices or the content of other Web sites that link to or from this Site. Once you access another Web site, you are subject to the privacy policy of that Web site. We encourage you to read the privacy statements of every Web site that you visit.

Registration and User Profiles Policy

Some areas of the Site may require you to register or create a user profile. Completion of the process usually involves creating an account with a user name or identifier and password, which you agree to guard as confidential information and take all reasonable measures to keep secure. You agree to provide accurate and current information at all times, and to update it in a timely manner.

You will be solely responsible for the identifier created by you. You agree that all uses of the identifier created by you will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates and other third parties with whom we work, including but not limited to our and their respective affiliates, current and former trustees, directors, officers, staff and agents (collectively “Third Parties”), as being a use made by you, even if someone else uses your identifier.

We do not give out, sell or rent registered user address or information except where needed to deliver a service that a registered user has requested or to comply with valid legal process. We may occasionally share collective user demographic information with our partners, peers and the media. This is not linked to any personal information that can identify an individual person.

If you sign up to receive our newsletter or to participate in any other service of the Site, we send registered users the requested Site and service announcement updates. We do not sell, rent or otherwise provide our registered users email addresses to third parties.

This Site may make chat rooms of Forums available to its registered users. To participate, you may be required to submit an email address and other personal information. Please be aware that any information that you submit to us whether through forms or email, including personally identifiable information, may be publicly displayed on other Web sites hosting the forum or on other Web sites not within our control. If you contribute content for discussion, your contribution may be publicly displayed including personally identifiable information.

Links, Frames and Metatags Policy

You may link to the home page of our Site as long as the link does not cast us in a false or misleading light. The Doris Duke Charitable Foundation prefers advance notice of such linking, which can be provided to our Communications Office by emailing webmaster@ddcf.org or at the address and numbers listed below. We do not have responsibility for the content of other Web sites that link to our Site, and we reserve the right to request that links to our Site be removed. You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporates DDCF Marks or our name without our express prior written consent.

Policies and Disclaimers for Blogs, Discussion Boards and Online Forums

Most of the information and opinions expressed in materials posted by visitors on blogs, discussion boards, lists or other similar venues of our Site (“Forums”) is provided by third parties, like you. We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Forums. Our Forums are public, not private communications. Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for such third party usage of any information posted to the Forums.
By entering this Site or participating in or posting to any Forum, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or your participation in or posting to any Forum, you shall not submit, upload or post to any Forum any text, graphic material or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy or is obscene, pornographic, abusive or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended. By posting any content on any Forum, you agree to indemnify and hold harmless the Doris Duke Charitable Foundation and Creative Capital, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.

You shall not interfere or attempt to interfere with the operation of the Site or services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms and Conditions of Use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

Disclaimer for Links to Other Web Sites

Our Site contains links to other Web sites that we think may be of interest, and we provide them for information purposes only and as a convenience to you. We do not own, operated or control these other Web sites and our links to them do not constitute our endorsement of these Web sites, their content, or the entity that maintains the Web site. The Foundation has no responsibility and assumes no liability of any nature for the content of any Web site to which a link is provided on this Site. You should be aware if you use these links, you will leave our Site, and remember that other Web sites are governed by their own user agreements and policies, which you should be sure to read. You agree that any visits to linked Web sites are at your own risk and are governed by their terms and policies of that Web site.

Disclaimer of Warranties, Limitation of Liability, and Indemnification

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to release and waive any and all claims and/or liability against the Doris Duke Charitable Foundation and Creative Capital, if any, arising from or in connection with your use of this Site.

Your use of this Site is at your own risk. We are not liable or responsible for the accuracy or completeness of any information, materials and services provided on this Site. We assume no liability or responsibility for any damages arising from your use of, or inability to use, this Site. By accessing the information on this Site, you agree that we shall not be liable to you for any loss or injury caused in procuring, compiling, or delivering the information. In no event will we or any contributors of information this Site be liable to you or anyone else for any action taken by you in reliance on such information or for any consequential, special, or similar damages.
You also agree to indemnify and hold harmless the Doris Duke Charitable Foundation, Creative Capital, their directors, officers, employees, licensors, content providers, sponsors, and agents , from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law.

Governing Law

These Terms of Use will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire Agreement

These Terms and Conditions of Use, including the policies and disclaimers, are the entire agreement between you and us and supersede any prior understandings (oral or written). If there is any conflict between these Terms and Conditions of Use and rules and/or specific terms of use appearing on this Site relating to specific material then the latter shall prevail.

Changes and Updates to Terms of Use

We may change or update these Terms and Conditions of Use and we encourage you to refer back to it periodically. When we revise these Terms and Conditions of Use we will also revise the Effective Date below.

Contacting Us

If you have any questions or do not understand any of the foregoing Terms and Conditions of Use, please email us at webmaster@ddcf.org or write to:

Doris Duke Charitable Foundation
Webmaster
650 Fifth Avenue, Fl 19
New York, NY 10019