BKWF TERMS & AGREEMENT

Use of this Website, and information distributed in conjunction with this Website, including without limitation the BKWF mailing list, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this Website.

Your use of this Website or of any content presented in any and all areas of the Website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this Website. If you do not agree to be bound by and comply with these notices, you may not access or use our information, services, or Website.

BKWF shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this Website. The most recent version of these Terms of Use may always be found at the BKWF website.

You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Website following changes to these Terms of Use shall constitute your acceptance of all such changes.

All BKWF information including venues, guidelines, programming and rules are subject to change at any time

Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them.

The following terms and conditions form a binding agreement (“Agreement”) between you and BKWF. We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions.

All references to money amounts in this Agreement, unless otherwise specified, are in US dollars.

Although this website uses encryption technology and other means of security, there is no guarantee that personal information and transactions on the internet will be maintained confidential and secure. Your use of this website and its content are at your own risk and

BKWF assumes no liability or responsibility pertaining to this website or its content or the receipt, storage, transmission or other use of the information you provide through this website. Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by the BKWF, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair use as defined by US law, must request and receive prior written permission from the BKWF. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without the BKWF’s written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion ofthe BKWF. A usage fee may be assessed depending on the type and nature of the proposed use.

By downloading, printing or otherwise using text, images, audio and video clips and other content from this website, users agree and warrant that they will limit their use to fair use and will comply with all other terms and conditions of this website, and will not violate the rights of the BKWF or any other person or entity.

The BKWF makes no warranty, representation or covenant that use of the text, images, audio and video clips and other content displayed on or available through this website will not infringe the rights of third parties other than the BKWF. Furthermore, the BKWF makes no warranty, representation or covenant that the BKWF website and any text, images, audio and video clips and other content accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using this website or any materials from it.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE BKWF DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEBSITE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT WHERE BKWF SPECIFIES OTHERWISE EXPLICITLY IN WRITING.

IN NO EVENT WILL BKWF OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES, NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.

As a condition of your use of this website, you agree to indemnify the BKWF and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

The BKWF website contains links to third party websites. The linked sites and pages are not under the control of BKWF and BKWF is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by the BKWF.

These terms and conditions and any other legal notices, policies and guidelines of BKWF linked to these terms and conditions constitute the entire Agreement between you and BKWF relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by BKWF making such amendments or modifications available on this website.

This Agreement will be governed by the laws of the State of New York and the federal laws of United States of America and shall be treated in all respects as a New York contract, without reference to the principles of conflicts of law.

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

This Agreement shall enure to the benefit of and be binding upon you and the BKWF and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.