Terms & Conditions
YOUR RIGHT TO ACCESS THE CONTENT ON THIS WEBSITE AND TO USE THE SERVICES PROVIDED VIA THIS WEBSITE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES SUCH RIGHTS.
The content provided on this website (collectively, the “Content”) is and remains at all times the property of the Asian Cultural Council or its licensors or suppliers. You may download and use the Content for your personal, non-commercial use. You may not resell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not frame or utilize framing techniques to enclose any Content without the express written consent of the Asian Cultural Council. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
Intellectual Property Rights
The Content and the selection, compilation, collection, arrangement, and assembly thereof are protected by US and international copyright, trademark, and other laws. Other than as permitted in Section 1 of these terms and conditions, or as permitted by applicable law, you may not copy, reproduce, republish, upload, post, transmit, or distribute Content or other content or information available on or through this website in any way without our prior written permission.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials hosted by the Asian Cultural Council infringe your copyright (f or example, podcasts posted by the Asian Cultural Council), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices with respect to this website should be sent to email@example.com.
THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ASIAN CULTURAL COUNCIL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
NEITHER THE ASIAN CULTURAL COUNCIL NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR MATERIALS CONTAINED ON THIS WEBSITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE ASIAN CULTURAL COUNCIL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to your right to access the content on this website and to use the services provided via this website, and supersedes any and all prior or written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.