Event Admission Policy

Terms of Use

The Marcella Sembrich Memorial Association, Inc. dba “The Sembrich” provides www.TheSembrich.org and its subdomains (including websites accessed through mobile devices) and application program interfaces ("APIs") (collectively, the "Websites") in support of The Sembrich's mission. By accessing the Websites, users agree to be bound by the following terms and conditions, which The Sembrich may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.

A) Copyright and Proprietary Rights

The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the "Materials") are proprietary to The Sembrich or its licensors. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, The Sembrich.

B) Trademarks

Many of the trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Websites, including THE SEMBRICH LOGO, the EXPERIENCE MUSIC HISTORY NATURE logo, THE SEMBRICH A UNIQUE CULTURAL EXPERIENCE LOGO are registered and/or unregistered marks of the Marcella Sembrich Memorial Association, Inc. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of The Sembrich or any third party that may own the Trademarks displayed on the Websites. Without limiting the foregoing, the Trademarks may not be used in an URL. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

C) Authorized Uses

Materials The Sembrich believes to be under copyright or other restrictions are available for limited noncommercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any work, and the citations should include the URL "www.TheSembrich.org," but not in any way that implies endorsement of the user or the user's use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate The Sembrich's or any other party's proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by The Sembrich. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.

All rights not expressly granted herein by The Sembrich are specifically and completely reserved.

The Sembrich does not warrant that use of any Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with The Sembrich. For example, some works may be under copyright by the artist or the artist's heirs holding rights to these works, or may include third-party trademarks or rights of publicity. In many instances the caption may offer more information about the rights status; such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights.

D) Purchasing on the Websites
The Sembrich has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.

E) The Sembrich Store Product Representation
Every attempt is made to provide accurate information about The Sembrich Store products. The Sembrich does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.

The Sembrich makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user's particular monitor; The Sembrich cannot guarantee that the colors displayed on an individual's monitor will be correct.

F) Privacy
The Sembrich is committed to protecting the privacy of visitors to the Websites in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Websites is governed by The Sembrich's Privacy Policy. Please note that the Websites are not specifically dedicated to children and The Sembrich does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting personally identifiable information or other content to the Websites.

G) Links to Third-Party Sites
The Sembrich has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Sembrich provides these links as a convenience, and linking to any off-site pages or other sites is at the user's own risk. A link does not imply endorsement or affiliation with the linked site by The Sembrich.

H) Integrated Third-Party Tools
The Sembrich offers integrated tools and other social sharing features on the Websites. By accessing the integrated tools and features users agree to be bound by the third party’s terms of service. For more information please visit the terms of use:

Arts People: https://neonone.com/product-terms/arts-people/
Facebook: https://www.facebook.com/legal/terms
Instagram: https://help.instagram.com/478745558852511/
Linkedin: https://www.linkedin.com/legal/l/service-terms
Neon: https://neonone.com/product-terms/neon-crm/
Trip Advisor: https://tripadvisor.mediaroom.com/us-terms-of-use
Twitter: https://twitter.com/en/tos
YouTube: https://www.youtube.com/static?template=terms

I) Disclaimer of Warranties
Without limiting the foregoing, all Materials on the Websites are provided "AS IS" without a warranty of any kind, either express of implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, copyright ownership and/or non-infringement or other third-party proprietary rights. The Sembrich may update, change, or delete content at any time. The Sembrich makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Sembrich assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user's computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion The Sembrich may discontinue or take down the Websites or any section or Material within the Websites at any time.

J) Limitation of Liability
Neither The Sembrich, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental compensatory, punitive, special, or consequential damages (even if The Sembrich has been advised of the possibility of such damages) arising from or related to use of the websites, content, and/or compilation.

K) Digital Millennium Copyright Act (DMCA)
The Sembrich is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any content should contact The Sembrich immediately to report any concerns of infringement by providing notice to The Sembrich's Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email, please address it to office@TheSembrich.org; if such notice is provided by mail, please address it to: Designated Copyright Agent, The Sembrich, PO BOX 417, Bolton Landing, NY 12814.

L) Indemnity
The user agrees to indemnify, defend, and hold The Sembrich and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.

M) Entire Agreement; Severance; Waiver
These Terms and Conditions incorporate by reference any notices on the Websites and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Sembrich's failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
N) Applicable Law and Jurisdiction

These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Warren County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Last Updated: 1/31/2023