Terms & ConditionsFor the Monuments of the Americas website use
Original Publication: January 20, 2020
Monument of the Americas, Inc. is a a Utah 501 C3 public foundation, the owning entity.
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Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Monument of the Americas Inc., acceptance is expressly limited to these terms. The Website is available to all individuals of all ages.
Monument of the Americas Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Monument of the Americas Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new artwork, public opportunities, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
2. Copyright Infringement and DMCA Policy
As Monument of the Americas Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Monument of the Americas Inc. violates your copyright, you are encouraged to notify Monument of the Americas Inc., in accordance with Monument of the Americas’ Digital Millennium Copyright Act (“DMCA”) Policy. Monument of the Americas Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Monument of the Americas Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Monument of the Americas Inc., or others.
You agree to indemnify and hold harmless Monument of the Americas, Inc., its contractors, its contributors, its board, and its licencors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Monument of the Americas, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Monument of the Americas, Inc., or by the posting by Monument of the Americas, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Utah County, Utah.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the use of arbitrators appointed in accordance with such Rules. The arbitration shall take place in Utah County, Utah, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Monument of the Americas, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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