Terms of Use - National Cherry Blossom Festival

National Cherry Blossom Festival Website

Terms of Use

Welcome to the National Cherry Blossom Festival website (“Website”). The National Cherry Blossom Festival, Inc. (“we” “us”) organizes and manages the annual National Cherry Blossom Festival (“Festival”) and this Website.

When you use our Website, you agree to the following Terms of Use (“Terms”). Please read these Terms carefully.

Purpose and Use

We provide our Website and our Website’s text, images, video, graphics and multimedia files created by us, our sponsors and our advertisers (“Content”) for educational and informational purposes only.

You may use our Website and the Content only for purposes permitted by these Terms and by any applicable law, regulation or generally accepted practices in your jurisdiction. You may not:

Interfere with or disrupt our Website, the normal use of our Website by other authorized users, the Content or the servers and networks associated with our Website;
Attempt to upload to our Website any unlawful materials;
Use our Website in violation of local, state, or national law; or
Disrupt or interfere with the security of, or otherwise cause harm to, our Website, the Content, system resources, accounts, servers, or networks connected to or accessible through our Website.

Privacy

By using our Website, you agree to the terms of our Privacy Policy at https://nationalcherryblossomfestival.org/privacy-policy/ and all updates to the Privacy Policy.

Intellectual Properties

We own our Website, the Content, our name, NATIONAL CHERRY BLOSSOM FESTIVAL®, NATIONAL CHERRY BLOSSOM FESTIVAL PARADE® and related trademarks, service marks, designs and copyrighted materials that we use on our Website and in commerce (collectively “NCBF Properties”). We have invested substantially in and used the NCBF Properties for many years, and each of the NCBF Properties has substantial value and goodwill.

You may not, without entering into a contract with us or otherwise getting our prior written permission, copy, sell, trade, use or allow others to use the NCBF Properties. Address your questions concerning using the NCBF Properties to:

National Cherry Blossom Festival, Inc.

1275 K Street, NW, Suite 1000

Washington, DC 20005

Other trademarks and copyrighted materials that may appear on our Website (“Third Party Properties”) are owned by their respective owners, and we use those Third Party Properties under agreements with those entities. You may not, without getting the prior written permission of the applicable owner of those Third Party Properties, copy, sell, trade, use or allow others to use these Third Party Properties.

No Warranties

You use our Website at your own risk and acknowledge that we provide our Website “AS IS” and “AS AVAILABLE” without providing or representing to you any express or implied warranties of merchantability, reliability, non-infringement or fitness for a particular purpose. Also, we do not warrant that:

Our Website will meet your requirements;
Our Website will operate without interruption or error;
The Content will be accurate or reliable;
The Content will not damage your computer; or
We will correct our Website’s deficiencies.

You acknowledge that we, our affiliates, sponsors and advertisers will not be liable for any consequential, incidental, indirect or punitive damages associated with your use of our Website, or for any loss resulting from:

Your reliance on our Website;
Your transactions with an advertiser or sponsor on or from our Website;
Changes that we make to our Website;
Mistakes, inaccuracies or typographical errors on our Website.

If you access our Website from a location outside the United States, you are responsible for compliance with all applicable laws of your location.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Other Sites

When you buy tickets or merchandise, reserve a hotel room or tour, or click on a sponsor link on our Website, you understand that you may be transferred to a third party website (“Other Site”). You acknowledge that we are not responsible for the Other Site and that you are subject to the policies of the owner of that Other Site. We:

Have no control over and are not responsible for the content or availability of Other Sites;
Do not represent or warrant anything about goods or services that you may get from Other Sites; and
Will not be liable for losses or damages incurred as a result of your contact with Other Sites.

Direct your concerns regarding Other Sites to that website’s administrator or webmaster.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURIES THAT MAY BE RELATED TO YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. YOU AGREE THAT OUR LIABILITY FOR ANY LEGAL CLAIM CONNECTED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR YOUR USE OF OUR WEBSITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Reporting Content Violations

If you believe that your intellectual property rights have been violated by any Content, please send to the “Contact Us” address listed below:

A description of the intellectual property that you believe was infringed (“Infringed Property”)
A description of where the Infringed Property is located on our Website;
Your address, a telephone number, and an e-mail address where we can contact you;
Your statement that you:
- Have a good-faith belief that the infringing use is not authorized by the Infringed Property owner, by its agent or by law; and
- Under penalty of perjury, are providing accurate information and that you are the Infringed Property owner or are authorized to act on their behalf; and
Your electronic or physical signature.

We may request additional information from you before removing any Content.

Termination

We may terminate your access to our Website if:

You breach the Terms or act in a way which we believe shows that you do not intend to or are unable to comply with the Terms;
We are required to do so by law; or
We decide to discontinue our Website.

If we terminate your access for your breach, we may terminate your access to our Website and pursue additional legal remedies.

Governing Law

These Terms and your relationship with us are governed by District of Columbia law, without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the federal courts located in the District of Columbia to resolve any legal matter arising from these Terms.

Changes to Terms

These Terms represent the entire understanding relating to the use of our Website and prevail over any prior or contemporaneous, conflicting or additional communications. From time to time, we may change our Website, the Content or these Terms without notice to you. Changes will become effective when we post them to our Website. We will treat your use of our Website after new Terms are published as your acceptance of the new Terms.

Contact Us

Thank you for visiting our Website. If you have questions about our policies, please to contact us at:

ncbf@ncbfdc.org

National Cherry Blossom Festival, Inc.

1275 K Street, NW, Suite 1000

Washington, DC 20005