Terms of Use

Terms of Use for the Santa Elena Foundation Website

Effective  23 March  2016

Thank you for visiting the Santa Elena Foundation website (www.santa-elena.org) (“SEF Site”).  The Santa Elena Foundation (“Foundation”) maintains this website to support our mission to discover, preserve, and promote the “Lost Century” of European colonization through the international story of Santa Elena, the 16th Century la Florida settlement that became the colonial Spanish capital in present-day United States. By accessing the SEF Site, users agree to be bound by the following terms and conditions, which the Foundation may revise at any time.  Users of the SEF Site are encouraged to visit this page when accessing the SEF Site to review the current terms and conditions.  All rights not expressly granted herein are specifically and completely reserved by the Foundation.

Content the Foundation makes available on the SEF Site may be owned by the Foundation, owned by others and used with their permission, or used in accordance with applicable law.  Some Content may be protected, for example, by third-party rights such as copyright, trademark, and contractual restrictions.  The Foundation can offer no guarantee or assurances that all pertinent information needed to use the Content is provided on the SEF Site.  You are responsible for determining the permission(s) you need to use any Content and for obtaining such permission(s).  Please contact the Foundation at info@santa-elena.org if you have any questions about the Content or any program offered by the Foundation.

Privacy

By using the SEF Site, you agree that the Foundation may collect, use and disclose information that you provide as described in the Privacy Notice.  Please note that the SEF Site is not specially dedicated to children and the Foundation does not actively solicit information from children.  Children under the age of thirteen are required to obtain permission from an adult before submitting personally identifiable information or other content to the SEF Site.

Unauthorized Uses Require Prior Written Permission

Content may not be used for commercial purposes, including without limitation, selling the Content or materials and services that use the Content.  Nor may you use the Content to promote or advertise products or services.  If you wish to use any Content for a commercial purpose, you must obtain prior written permission from the Foundation and, if appropriate, respective third parties.

If you seek to use the Content in a film or video product, or for general assistance with filming requests, please contact info@santa-elena.org.

Trademarks

Certain titles, logos, and trademarks and service marks that appear on the SEF Site are common law marks of the Foundation.  Unless otherwise permitted by law, you may not use the marks of the Foundation.

Names, titles, trademarks, service marks, and logos of third parties may also appear on the SEF Site from time-to-time.  Nothing displayed on the SEF Site shall be construed as granting any license (either express or implied) in such names, titles, trademarks, service marks, and logos.

Copyright Complaints

If you are a copyright or trademark owner or agent and believe any of the Content on the SEF Site is improperly credited or posted without permission, please notify the Director at ContactUs@santa-elena.org if by email and if by US mail, please address it to:  Director (Attention: Copyright Issues), The Santa Elena Foundation, P.O. Box 1005, Beaufort, SC, 29901

Links to Third Party Sites

The Foundation may link to third-party websites that are not under the control of the Foundation. These links are provided as a convenience and for informational purposes only. The Foundation has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.  A link by the SEF Site to non-SEF website does not indicate endorsement or sponsorship of, or an affiliation with, such third party or any content on the linked website.

Links FROM Third Party Sites

While linking is an important feature that facilitates searching and making connections among websites, the Foundation does not authorize or prohibit linking to the SEF Site provided that such links do not connote an endorsement by or an affiliation with the Foundation.  If your website links to the SEF Site, you agree to link to the SEF Site home page and present the link in a manner that does not give the impression that the Foundation endorses, whether expressly or implicitly, any products, services, or opinions provided on your website.  You agree that you shall not frame or deep link any Content in the SEF Site.

Purchasing on the SEF Site

The Foundation has the right to refuse, limit, or cancel any orders placed on the SEF Site.  Errors in pricing are subject to correction and may be adjusted at any time.  Errors in order processing are also subject to correction.  A user must be 18 or older to make a purchase on the SEF Site. 

Foundation Store Products and Programs

Every attempt is made to provide accurate information about the Foundation store products and programs.  The Foundation does not warrant that any information about products or programs, including product descriptions, promotions, and product availability, is correct, complete, current or without typographical errors.  All typographical errors, inaccuracies, and omissions are subject to corrections.

The Foundation makes every effort to present colors of products accurately.  However, the display of colors depends on user’s computer monitor or mobile device.  Consequently, the Foundation cannot guarantee that the colors displayed on the individual monitors are correct.

Photographic Release 

The Foundation or third parties on behalf of the Foundation may take pictures or make video and/or audio recordings of programs.  By purchasing an admission to a program using the SEF Site, you hereby grant and convey unto the Santa Elena Foundation all right, title, and interest in any and all photographic images, video or audio recordings of you made by the Foundation or its approved third parties during such a program, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.  Furthermore, you agree to permit the Foundation or its approved third parties to use your photograph, with or without your name, for any lawful purpose, including for example, publicity, illustration, advertising and website or other electronic media content.  If you would like to cancel this release, please provide written notice of cancellation of this release, including your name, address, program and date, to the following address:  Program Director (photograph release cancellation), Santa Elena Foundation, P.O. Box 1005, Beaufort, SC, 29901.

Disclaimer

THE CONTENT IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS.  THE FOUNDATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE THAT MAY OCCUR DUE TO YOUR USE OF THE SEF SITE OR DOWNLOADING ANY CONTENT FROM THE SEF SITE.

The Foundation may update, change, or delete content at any time.  The Foundation assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the SEF Site.  The Foundation assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the SEF Site or downloading of any Content from the SEF Site.  The Foundation may discontinue or take down the SEF Site or any section or Content within the SEF Site at any time.

Limitation of Liability

NEITHER THE FOUNDATION, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR VOLUNTEERS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTIAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE SEF SITE, CONTENT, AND/OR COMPLICATION.

Reservation of Rights

The Foundation reserves the right to change these Terms of Use from time to time without notice.  Changes shall be effective upon posting.  Please check back regularly for updates.  Failure of the Foundation to enforce any of these terms shall not constitute a waiver of such terms.

Warranty and Indemnity

By using the SEF Site, you represent and warrant that your use will be consistent with these Terms of Use.  You agree to indemnify, defend and hold the Foundation harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the SEF Site.

Applicable Law and Jurisdiction

These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the State of South Carolina, without regard to its conflict of laws principles.  Any dispute arising out of, in connection with, or related to this Agreement shall be brought in the State court located in Beaufort County, South Carolina, or the Federal court in Charleston, SC, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.