Terms and Conditions of Use
2. Intellectual Property.
The design of this web site and its content are the property of The Ernest Hemingway Foundation of Oak Park ("The Ernest Hemingway Foundation") and are protected by copyright, trademark, and other intellectual property laws. The Ernest Hemingway Foundation authorizes you to view and download the content portion of this web site only for your personal, non-commercial use, provided that you retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this web site or its content.
The display of any trade names, trademarks, service marks, logos, or domain names on this web site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission, or other copying, modification, or use of trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws and could subject you to legal action.
You should be aware that the Internet is not secure.
YOUR ACCESS TO AND USE OF THIS WEB SITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. THE ERNEST HEMINGWAY FOUNDATION DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE. THIS WEB SITE AND THE INFORMATION ON IT ARE PROVIDED "AS IS." THE ERNEST HEMINGWAY FOUNDATION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE ERNEST HEMINGWAY FOUNDATION SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THIS WEB SITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS OR OMISSIONS IN THE WEB SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE ERNEST HEMINGWAY FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THE ERNEST HEMINGWAY FOUNDATION SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF THE ERNEST HEMINGWAY FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE THE ERNEST HEMINGWAY FOUNDATION FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEB SITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED. THE ERNEST HEMINGWAY FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT.
THE ERNEST HEMINGWAY FOUNDATION IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEB SITE.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise, and services available through this site.
You agree to defend, indemnify, and hold The Ernest Hemingway Foundation and its employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your use of this web site. The Ernest Hemingway Foundation may participate in the defense of any claim or action at your expense and any negotiations for settlement. The Ernest Hemingway Foundation reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
7. Links to Third Party Sites.
This web site may contain hyperlinks to web sites operated by persons or entities other than The Ernest Hemingway Foundation. Such hyperlinks are provided for your reference and convenience only. You agree not to hold The Ernest Hemingway Foundation responsible for the content or operation of such web sites. A hyperlink from this web site to another web site does not imply or mean that The Ernest Hemingway Foundation endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this web site.
8. International Visitors.
The Ernest Hemingway Foundation makes no representation that materials on this web site are appropriate or available for use in locations outside the United States. If you access this web site from outside the United States you are responsible for compliance with local laws.
9. Choice Of Law And Forum.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the City of Chicago, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. Procedure For Making Claims Of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Ernest Hemingway Foundation's copyright agent the following information in writing:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Ernest Hemingway Foundation's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:Copyright Agent
The Ernest Hemingway Foundation of Oak Park