Terms and Conditions
TERMS AND CONDITIONS OF USE
Last Updated: 6/21/21
Welcome and Consent to Terms
If you have questions about our Website, please contact us by email at firstname.lastname@example.org, or by mail at our main office at: Little Island, Attn: [TITLE], 872 Washington Street, 3rd Floor.
Age Restriction and Eligibility
Little Island Intellectual Property Rights and Content Sharing
Unless otherwise stated where the content is presented, all content on our Website, including without limitation all articles, blog posts, photographs, images, illustrations, audio clips, and video clips (“Little Island Content”) is the sole property of Little Island and/or program partners or licensors, and is protected by relevant intellectual property rights under United States (U.S.) and foreign laws, including without limitation trademark and copyright laws.
You may use textual Little Island Content for personal, non-commercial use and without alteration or modification. You must maintain all copyright and other notices posted along with the Little Island Content. Use of photographs, drawings, other images, and audio and video content is NOT permitted without our prior written consent as much of this content is owned by other third parties.
You may create a link to Little Island Content, so long as the link does not cast Little Island in a false or misleading light, including suggesting any affiliation or endorsement. You must maintain all copyright and other notices posted along with the Little Island Content.
Please note that you may NOT use Little Island Content for any other purpose without our prior written consent. For example:
You may NOT use Little Island Content for commercial purposes. (Note that we consider any use related to a revenue-generating activity or that includes advertising to be a “commercial purpose”).
You may NOT circulate, distribute, or otherwise make available Little Island Content (by electronic, hard copy or other means).
You may NOT “frame” Website pages, embed Little Island Content, otherwise disguise the origin of Little Island Content, or use metatags or other “hidden text” that incorporates our trademarks or name.
Claims of Copyright Infringement
If you believe in good faith that any Little Island Content or other material on the Website infringes your copyright, you may request that such Little Island Content or other material be removed by submitting a written notification to email@example.com in accordance with the Digital Millennium Copyright Act (“DMCA”). Infringement notices must meet the statutory requirements imposed by the DMCA at the time of the alleged infringement and should include:(i) a specific identification of the copyrighted work(s) allegedly infringed and its/their location on the Website (or sufficient information for us to find it for evaluation); (ii) a physical or electronic signature of a person authorized to act on behalf of the copyright owner, and his/her name, address, telephone number, and email address (if available);(iii) a clear and definitive statement that the complaining party has a good faith belief that Little Island’s usage is not authorized, and therefore prohibited; (iv) a statement that all information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright’s owner; and (v) your contact information if different from (ii). We will respond expeditiously and remove or disable access to Little Island Content or other material we determine may be infringing.
Registration, User Accounts and Applications
While some parts of our Website (such as viewing content) are accessible without registration, others may require you to create a “User Account” with a username, password, and such other personal information as we may require to confirm your identity (“Registration Information”). For example, in order to subscribe to email updates from us or to obtain tickets for an event, you will need to register with us. If you are applying for a position with Little Island or submitting an application to perform in our park, you may be required to provide certain information to us through our Website (“Application Information”).
You agree to ensure that your Registration Information and Application Information is accurate and current and to update it in a timely manner. If you provide (or if we have reasonable grounds to believe you provided) inaccurate or incomplete information, we may suspend or terminate your access, application, or participation in our programs. (By doing so, we do not waive any other rights and remedies allowed by law.)
You agree not to share your username and password with a third party for purposes of transacting on your User Account. You agree to promptly notify us of any unauthorized use of your account or any other breach of security of which you become aware.
Ticketed Access and Events
By reserving a free ticket or purchasing a ticket online to visit Little Island or attend a Little Island event, you agree that it is your responsibility before a ticket is issued to verify that all information regarding the ticket, including date, time and seats, is accurate as there are no refunds once the transaction is complete. Fee-based ticket orders are subject to a $4 per ticket service fee. Little Island reserves the right to place limits on the number of tickets available for reservation or purchase; our standard limitation is 10 tickets, but a lower cap may apply to some events. Performers and performance schedules and other event details are subject to change.Please see our Website for the most current information about event details and cancelations due to weather.If an event is cancelled due to inclement weather or other force major event, we will contact to you to arrange for a refund. Seat locations are only guaranteed until the scheduled time of the event and latecomers will be seated at the discretion of Little Island. We are a nonprofit venue seeking to promote broad public access at affordable rates, and therefore strongly discourage ticket reselling for a profit. Tickets obtained from unauthorized sources may have been lost, stolen, or obtained improperly. Any such tickets obtained are at your own risk. Little Island is not responsible for lost or stolen property. A ticket constitutes a revocable license, and Little Island reserves the right to refuse admission or revoke a ticket at any time, for any reason. Your ticket may not be copied or reproduced in any form.
Photography & Videography at Performances & Events
We may record events at Little Island via photography, audio and video recording. By registering for or purchasing a ticket on our Website, you (i) consent to be photographed, filmed, and/or otherwise recorded at the event and to the release, publication, exhibition, or reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with Little Island and its initiatives, including, by way of example only, use on websites, in social media, news and advertising, and (ii) waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation, any right to inspect or approve the photo, video or audio recording of you, any claims for invasion of privacy, violation of the right of publicity, defamation, and copyright infringement or for any fees for use of such recorded media. You understand that all photography, filming and/or recording will be done in reliance on this consent. If you do not agree to the foregoing, please do enter the ticketed event premises.
Limitation of Liability/Release for Ticketed Access and Events
TO THE FULLEST EXTENT PERMITTED BY LAW, BY ACCESSING THE LITTLE ISLAND PARK (THE "PARK") VIA A TIMED-ENTRY TICKET OR OTHERWISE ATTENDING A TICKETED EVENT OBTAINED THROUGH OUR WEBSITE, YOU ASSUME ANY AND ALL RISKS AND/OR DANGER, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, RESULTING FROM, OR INCIDENTAL TO, YOUR ATTENDANCE AT THE PARK AND/OR EVENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR LOSS, DAMAGE OR LIABILITY WHATSOEVER. YOU UNDERSTAND THAT YOUR USE OF YOUR TICKET IS CONTINGENT UPON YOUR VOLUNTARY ASSUMPTION OF SUCH RISK AND DANGER AND FULLY RELEASE AND FOREVER DISCHARGE LITTLE ISLAND, ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS/LICENSORS, EMPLOYEES AND ASSIGNEES FROM ANY AND ALL DEMANDS, CLAIMS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF ANY KIND WHATSOEVER YOU MAY HAVE AND/OR COULD BRING PERTAINING TO OR ARISING OUT OF ATTENDANCE AT THE PARK AND/OR PARK EVENT. THIS RELEASE IS INTENDED TO BE AS BROAD AS LEGALLY POSSIBLE.
Third-Party Websites Generally
The Website may include links to other third-party websites (“Third-Party Websites”). We have no control over the content of Third-Party Websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Websites linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Prohibited Uses and Behavior
- Use the Website in any way that violates any applicable law or regulation;
- Impersonate or attempt to impersonate any other person or entity;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Little Island or users of the Website, or expose them to liability;
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Attempt to interfere with the proper working of the Website in any manner whatsoever, including (i) using any device, software, or routine that interferes with the proper working of the Website, (ii) introducing of any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iii) attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; and/or (iv) attacking the Website via a denial-of-service attack or a distributed denial-of-service attack.
Availability of the Website / Termination
The Website is currently offered free of charge, but we reserve the right to charge for certain features of our Website in the future. We may modify, replace, refuse access to, or suspend or discontinue the Website, partially or entirely, in our sole discretion. If you register with us, you may terminate your User Account with us at any time by contacting us at firstname.lastname@example.org. You agree that Little Island may, in its sole discretion, limit or terminate your User Account or access to the Website at any time and for any reason or no reason at all. Little Island shall have no liability to you or any third party for any such action.
If you no longer wish to subscribe to our online mailings or would like to change your e-mail preferences, you may do so at any time by clicking the “unsubscribe” link at the bottom of any e-mail you receive from us.
Disputes with Little Island, Choice of Law and Forum
General Release and Indemnification
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER DISRUPTIVE FEATURES, QUALITY OR FITNESS FOR PARTICULAR PURPOSE.
IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE, YOU MAY CLOSE YOUR USER ACCOUNT IN ACCORDANCE WITH SECTION 11 (“AVAILABILITY OF WEBSITE/TERMINATION”) AND CEASE USING THE WEBSITE. YOU AGREE THAT SUCH TERMINATION OR CESSATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GENERAL LIMITATION OF LIABILITY
IN NO EVENT WILL THE LITTLE ISLAND PARTIES (AS DEFINED IN SECTION 13) BE LIABLE FOR LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT IN NO EVENT SHALL THE LITTLE ISLAND PARTIES’ LIABILITY TO YOU HEREUNDER BE GREATER THAN THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO LITTLE ISLAND FOR YOUR USE OF THE WEBSITE (OTHER THAN ANY INDEMNITY OBLIGATIONS).
Note to Users Outside of the United States
We operate the Website from the U.S. and may use cloud servers in the U.S. and other countries If you choose to access the Website from locations outside the U.S., you are responsible for compliance with any local laws. You may not use or export anything from the Website in violation of US export laws or regulations.
The Website is operated by Little Island. Inquiries should be sent to:
872 Washington Street, 3rd Floor
New York, NY 10014