Terms & Conditions

A notice to our partners, members and guests —

The Kellerman Foundation provides this website (www.kellermanfoundation.org) and any other websites, mobile versions of the websites and mobile applications (the “Kellerman Foundation Websites”) in support of its mission to educate, inspire discovery and elevate the human spirit, and preserve a legacy of artistic achievement for the people of Cape Girardeau and the world. Subject to the terms below, the Kellerman Foundation invites visitors to use its online content for personal, educational and other non-commercial purposes.

The Terms and Conditions of Use Agreement (“Terms of Use”) and the Privacy Policy constitute a binding agreement between you and the Kellerman Foundation. Please read carefully through all sections of these Terms of Use. Your access to and use of the Kellerman Foundation Websites are subject to these Terms of Use and all applicable laws. By using the Kellerman Foundation Websites, or otherwise submitting your contact information to receive more information from us through the Kellerman Foundation Websites, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Kellerman Foundation Websites and you should not register with or submit your contact information to the Kellerman Foundation Websites. These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Kellerman Foundation Websites. Please review the posted terms on a regular basis as your use of the Kellerman Foundation Websites will be governed by the then-current Terms of Use and Privacy Policy.

A. INTELLECTUAL PROPERTY RIGHTS IN THE KELLERMAN FOUNDATION WEBSITES CONTENT

The Kellerman Foundation is the owner or otherwise has the right to post any and all content that is posted on the Kellerman Foundation Websites, which consists of text, images, audio, video, databases, design, codes and software (“Content”). The Content the Kellerman Foundation makes available on the Kellerman Foundation Websites may be owned by the Kellerman Foundation, owned by others and used with their permission or used in accordance with applicable federal and state laws. Other than the rights specifically and expressly granted to you herein, the Kellerman Foundation and its licencors do not grant you any right to use the Content.

B. USE OF KELLERMAN FOUNDATION CONTENT

Permitted Use. You assume all risk and responsibility for your use of any Content obtained through the Kellerman Foundation Websites.

    • Content in the Public Domain. Some Content on the Kellerman Foundation Websites is in the public domain (“Public-domain Content”). You may download and use any Public-domain Content without restriction.
    • Kellerman Foundation Content. Some Content on the Kellerman Foundation Websites is owned by the Kellerman Foundation (“Kellerman Foundation Content”). The Kellerman Foundation grants you a limited, non-exclusive, and revocable license to use the Kellerman Foundation Content solely for personal, educational, scholarly, research, and other non-commercial uses, on the following terms:
    • User must cite the author and source of the Kellerman Foundation Content as you would materials from any printed work.
    • User must also cite and link to, when possible, the Kellerman Foundation Websites as the source of the Kellerman Foundation Content.
    • User may not remove any copyright, trademark, or other proprietary notices including attribution information, credits and notices, which are placed in or near the text, images or data.
    • User must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Kellerman Foundation Content.
    • User must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Kellerman Foundation Content.
    • Third-Party Content. Some of the Content displayed on the Kellerman Foundation Websites is owned by a third-party artist or right-holder (“Third-party Content”). You have no right to reproduce, copy, distribute, create derivative works, publicly perform, or publicly display Third-party Content without the express written permission of the copyright owner.
    • Fair Use. Copyright law recognizes some uses of works otherwise protected by copyright as a “fair use” that do not require permission of the copyright owner. Information on United States copyright law and fair use is available from the United States Copyright Office. You are responsible for determining whether your use qualifies as fair use, as such term is defined in United States Copyright law, and are solely responsible for responding and bearing the cost of any copyright claims that may arise from your use of the Kellerman Foundation Websites or Content obtained therefrom.
    • Any Commercial Use Requires Prior Written Permission. You shall have no right to use any Content (except Public-domain Content) for any commercial purpose without obtaining the express consent of the respective rights holder. Commercial purposes shall include, but are not limited to, making and selling the Content or materials, products or services that use and incorporate the Content, nor may users use the Content to promote or advertise products or services. If you wish to use the Content for any purpose outside those permitted above, such as commercial use or publication, you must obtain prior written permission from the Kellerman Foundation (or the other owner of the Content, as applicable).
    • Further Information/Permissions. If you have specific questions or information about Content on the Kellerman Foundation Websites and/or want to inquire about the necessary permissions to use Content, including requests for higher quality formats, please contact the appropriate the Kellerman Foundation department that is associated with the Content. You can inquire regarding usage rights by contacting the Kellerman Foundation at info@kellermanfoundation.org.

C. YOUR SUBMISSIONS TO THE KELLERMAN FOUNDATION WEBSITES

You may choose to submit content, comments, reviews, or other posting or communications during your use of the Kellerman Foundation Websites (collectively “User Submissions”). Except to the extent your User Submissions include Personal Data (defined in the Privacy Policy), by making any User Submissions, you thereby grant the Kellerman Foundation a perpetual, royalty-free, world-wide, irrevocable, and non exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such User Submissions in any form for any purpose allowed by law. No compensation will be paid to you with respect to the Kellerman Foundation’s or its sub-licensees’ use of your User Submissions. The Kellerman Foundation is under no obligation to post or use any content and communications you may provide and may remove any content or communication from a forum at any time in the Kellerman Foundation’s sole discretion. By providing or submitting User Submissions, you represent and warrant that you own or otherwise control all of the rights to your User Submissions including, without limitation, all the rights necessary for you to submit User Submissions and grant the license above

D. PAYMENT

All payments made on the Kellerman Foundation Websites will be processed using a third-party payment provider. The Kellerman Foundation does not collect or store your payment information. All payments will be governed by the terms of use of the third-party payment provider which can be accessed from the following: Stripe, Paypal.

E. USE OF TRADEMARKS

    • The Kellerman Foundation Marks. Some of the names, titles, trademarks, service marks and logos that appear on the Kellerman Foundation Websites are registered or unregistered (common law) marks of the Kellerman Foundation. You have no right to use the Kellerman Foundation trademarks without the Kellerman Foundation’s prior written permission, except to comply with these Terms of Use.
    • Third Party Marks. Registered and unregistered (common law) trademarks owned by third parties may also appear on the Kellerman Foundation Websites from time to time. You have no right to use any third-party trademarks appearing on the Kellerman Foundation Websites without the permission of the trademark owner, except to comply with these Terms of Use

F. COPYRIGHT COMPLAINTS

The Kellerman Foundation respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact The Kellerman Foundation with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Kellerman Foundation Websites of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Kellerman Foundation’s agent for notice of claims of copyright infringement on the Kellerman Foundation Websites can be reached as follows: info@kellermanfoundation.org.

G. LINKS TO THIRD PARTY SITES

The Kellerman Foundation may link to third party sites which are not under the control of the Kellerman Foundation. These links are provided as a convenience and for informational purposes only, and they do not indicate the Kellerman Foundation’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted on such third party website. The Kellerman Foundation has no control over, makes no representation or warranty, and bears no responsibility for the accuracy, legality or content of the externally-linked websites.

H. LINKS FROM THIRD PARTY SITES

Linking is an important feature that facilitates searching and makes connections among websites. If you link to the Kellerman Foundation Websites, you agree to present the link in a manner that does not give the impression that the Kellerman Foundation endorses, either expressly or implicitly, any products, services or opinions provided on your website, and that the link contains a clearly-written notice that the user is leaving your website and accessing another when clicking on the link to the Kellerman Foundation Websites.

I. DISCLAIMER

THE CONTENT IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. THE KELLERMAN FOUNDATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE THAT MAY OCCUR DUE TO YOUR USE OF THE KELLERMAN FOUNDATION WEBSITES OR DOWNLOADING ANY CONTENT FROM THE SLAM WEBSITES. THE KELLERMAN FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE KELLERMAN FOUNDATION WEBSITES, CONTENT, OR OTHER POSTED MATERIAL ON THE KELLERMAN FOUNDATION WEBSITES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

J. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Kellerman Foundation and its affiliates, employees, agents, representatives and third party content providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Kellerman Foundation Websites. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Kellerman Foundation Websites, or breach the terms of these Terms of Use.

K. MISCELLANEOUS PROVISIONS

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability. THE KELLERMAN FOUNDATION CANNOT GUARANTEE THE SLAM WEBSITES WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH THE KELLERMAN FOUNDATION STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND THE KELLERMAN FOUNDATION DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Typographical Errors. Information on the Kellerman Foundation Websites may contain technical inaccuracies or typographical errors. We attempt to make the Kellerman Foundation Websites’s postings as accurate as possible, but the Kellerman Foundation does not warrant the content of the Kellerman Foundation Websites is accurate, complete, reliable, current, or error-free.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of law provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Cape Girardeau County, Missouri.

QUESTIONS

If you have any questions about the Kellerman Foundation, the Kellerman Foundation Website, the Content, the Privacy Policy, or these Terms of Use, you may contact us at:

Kellerman Foundation
info@kellermanfoundation.org
102 North Main Street
Cape Girardeau, Missouri 63701

Should you have any questions or concerns, please feel free to contact us at +1 (573) 334-0097.

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