Terms and Conditions


TERMS AND CONDITIONS OF USE

Last Updated: 5/31/21

Welcome and Consent to Terms

Pier55 Inc. d/b/a Little Island (“Pier 55,” “Little Island”, “we,”, “us,” or “our”) is a 501(c)(3) tax-exempt organization that operates a public park providing a one-of-a-kind relationship between nature and art at Pier55 on the Hudson River and related educational programming. These Terms and Conditions of Use (“Terms of Use”) apply to the website we operate at littleisland.org (and all other digital assets and services contained or offered therein)(“Website”), regardless of media platform (e.g., computer, smartphone, tablet, etc.).

By accessing and/or using our Website, including, without limitation, viewing any materials, registering for an event or program, subscribing to our mailing list, applying for an opportunity to perform at our park or for a position with Little Island, or otherwise availing yourself of any content or services made available on our Website, you acknowledge that you have read and agree to abide and be bound by these Terms of Use and consent to the collection and use of data as set forth in our Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please refrain from using the Website.

If you have questions about our Website, please contact us by email at info@littleisland.org, or by mail at our main office at: Little Island, Attn: [TITLE], 872 Washington Street, 3rd Floor.

Age Restriction and Eligibility

Registering for an event or program, purchasing tickets, subscribing, applying for an opportunity to perform at our park or for a position with Little Island is limited to adults 18 years of age and older. By registering, purchasing, subscribing, applying, or otherwise participating in services or functions on the Website (other than simply viewing content), you hereby represent that you are an adult, and therefore have the authority to enter into these Terms of Use.

Privacy Policy

Our Privacy Policy is part of our Terms of Use. Please review our Privacy Policy to understand how we collect and use your personal information and other information about you in connection with our Website. By consenting to our Terms of Use, you also consent to our Privacy Policy.

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.

Trademarks

The name “Little Island”, together with any graphics, and logos used in connection with the Website, are common law or registered trademarks of Little Island in the U.S. and other countries.Other trademarks and logos used in connection with the Website may be the trademarks of their respective owners.These Terms of Use do not grant you any right or license with respect to any such trademarks.If you are interested in using our trademarks or logos, please contact us at info@littleisland.org.

Content

In consideration of your agreement to these Terms of Use, Little Island grants you the limited, personal, non-exclusive, non-transferable license set forth below. Little Island reserves the right to terminate this license at any time, in its sole discretion without prior notice.

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.

All use of Little Island Content is strictly limited to the terms described above.All copyright and other intellectual property rights not granted above are explicitly reserved by Little Island on behalf of itself, its program partners and its licensors.Nothing herein is intended to limit fair use rights under U.S. copyright law.If you have questions about whether your use is permitted or you would like to use the Little Island Content for a purpose other than explicitly permitted under these Terms of Use, please contact us at info@littleisland.org.

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 info@littleisland.orgin 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 majeure 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 risk 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

You may use the Website only for lawful purposes, for your own personal use, and in accordance with these Terms of Use.In addition to the restrictions on use of Little Island Content described in Section 4, Little Island Intellectual Property Rights and Content Sharing, the following activities are prohibited, and you agree not to :

  • 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;
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; and/or
  • 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 info@littleisland.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.

The dispute and governing law provisions, your release and indemnity obligation, our disclaimers and limitation of liabilities, and the Miscellaneous section of these Terms of Use shall survive any such termination.

Disputes with Little Island, Choice of Law and Forum

All matters and disputes relating to or arising from these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.Any legal suit, action or proceeding arising out of, or related to these Terms of Use shall be settled exclusively in the federal courts of the U.S. or the courts of the State of New York, in each case located in the City of New York, and you consent to such jurisdiction.For international users, you waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. YOU AGREE THAT ANY LEGAL ACTION YOU CHOOSE TO TAKE RELATED TO YOUR USAGE OF OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION UNDERLYING THE ACTION OCCURRED; OTHERWISE, SUCH LEGAL ACTION IS PERMANENTLY BARRED.

General Release and Indemnification

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by use of the Website, you release and waive any and all claims and/or liability against Little Island, our affiliates, directors, officers, agents, contractors/licensors, employees, and assignees (collectively, the “Little Island Parties”), if any, arising from or in connection with your use of the Website. You agree to indemnify us, hold us harmless, and at our option, defend the Little Island Parties, from and against any and all claims, liabilities, damages, losses and costs (including, without limitation, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations (“Claims”) related to or arising from (a) your use or attempted use of the Website and/or the Little Island Content in violation or alleged violation of the Terms of Use; or (b) your violation or alleged violation of any law or infringement of any rights of any third party.

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).

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THESE WEBSITE AND THEIR CONTENTS AVAILABLE TO YOU FOR FREE OR AT THE PRICE OFFERED.

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.

MISCELLANEOUS

General. These Terms of Use (together with our Privacy Policy) control the relationship between you and Little Island and represent the entire agreement among us with respect to your use of the Website.They do not create any third-party rights. If any part of these Terms of Use is unenforceable, that will not affect the other terms. If you do not comply with any of the Terms of Use and we do not take action to enforce them right away, that does not mean that we are giving up our right to take action in the future. All of our rights and obligations under these Terms of Use are freely assignable by us, consistent with any limitation set forth in our Privacy Policy.We may take any actions necessary for us to comply with applicable laws and to enforce our rights hereunder.

Modifications to Terms and Condition. We reserve the right to modify these Terms of Use in our sole discretion at any time. Any modification to the Terms of Use will be effective immediately upon posting by us.Your continued use of the Website after the posting of such modifications, with or without notification, constitutes binding acceptance of such modified Terms of Use.

Contact Information.

The Website is operated by Little Island. Inquiries should be sent to:

Little Island

Attn: TITLE

872 Washington Street, 3rd Floor

New York, NY 10014

info@littleisland.org