Terms of Use
The Kalmar Nyckel Foundation is a qualified 501(c)(3) Delaware not for profit corporation (together with its members, trustees, officers, agents, employees, volunteers, consultants, independent contractors, advisors, successors, and assigns, collectively “Kalmar Nyckel”). The Kalmar Nyckel:
Maintains a replica of the Kalmar Nyckel, the Swedish sailing ship which arrived in Wilmington, Delaware in 1638;
Maintains and operates the replica in a continuing effort, with state and local government, to assist in the improvement of the area surrounding the landing site;
Does such acts and carries on such business, consistent with the foregoing and the statement of mission and statement of vision in the Kalmar Nyckel bylaws, as may be permitted of nonstock corporations under the General Corporation Law and other laws of the State of Delaware; and
solicits, receives, and administers funds, grants, and property for the above purposes, and no other reason.
Kalmar Nyckel maintains this World Wide Web Site with its home page in the domain "www.KalmarNyckel.org" (the "Website"). Kalmar Nyckel offers access at no charge to any person who uses or accesses this Website with the express condition that they agree to be bound by this Terms and Conditions of Use Notice ("Notice"). By using or accessing this Website, you agree to be bound by this Notice.
Privacy Policy
Kalmar Nyckel strongly believes in protecting your privacy and has therefore adopted a Privacy Policy. Users of this Website should refer to Kalmar Nyckel's Privacy Policy, available in this Website's footer, before providing any information to Kalmar Nyckel. This Privacy Policy is incorporated by reference into these Terms of Use.
Trademarks
Kalmar Nyckel, tagline, and other marks, logos, and products and services described in this Website are either the intellectual property of Kalmar Nyckel, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kalmar Nyckel. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Kalmar Nyckel, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kalmar Nyckel. All other trademarks, registered trademarks, product names and company names or logos not owned by Kalmar Nyckel that appear in this Website are the property of their respective owners.
Copyrights
All copyrights in the Website materials, including, without limitation, Kalmar Nyckel logo, design, text, graphics, articles, other files, and the selection and arrangement thereof are the property of Kalmar Nyckel or its third-party suppliers. You may electronically copy and print hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial use only. Any other use of the materials in this Website, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Kalmar Nyckel, is strictly prohibited.
Forums and Interactive Areas
This Website may include discussion forums or other interactive areas, including bulletin boards and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. By using any forum or interactive area, you agree not to do any of the following:
- Upload, distribute or otherwise publish through this Website any message, information, data, text, music, sound photographs or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
- Upload or transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Without Kalmar Nyckel's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Kalmar Nyckel reserves the right, in its sole discretion, to remove or edit any Content that violates these provisions or is otherwise objectionable. You shall remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Website.
Kalmar Nyckel takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party. Kalmar Nyckel takes no responsibility and assumes no liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter on this Website.
Copyright Infringement Policy
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, you should notify Kalmar Nyckel of your copyright infringement claim in accordance with the following procedures:
Kalmar Nyckel will process notices of alleged infringement that it receives and will take appropriate action as required under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
The DMCA requires that notifications of claimed copyright infringements be sent to Kalmar Nyckel's Designated Agent:
Kalmar Nyckel Foundation
1124 E. Seventh Street
Wilmington, DE 19801
Telephone: 302.429.7447
Email: [email protected]
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Your address, telephone number, and email address.
Hyperlinks
This Website may contain hyperlinks to external websites operated by parties other than Kalmar Nyckel. Such hyperlinks are provided for your reference and convenience only. Kalmar Nyckel does not control such websites and is not responsible for their contents. Kalmar Nyckel's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Indemnification
You agree to indemnify and hold harmless Kalmar Nyckel from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
Disclaimer
This website and the material in this website are provided on an "as is" basis without warranties of any kind, either express or implied. Kalmar Nyckel disclaims all warranties, express or implied, including, but not limited to implied warranties or merchantability, fitness for any particular purpose, title and non-infringement. Kalmar Nyckel does not represent or warrant that materials on this website are accurate, complete, reliable, current, or error-free. Kalmar Nyckel does not represent or warrant that this website or its server are free of viruses or other harmful components.
Limitation of Liability
In no event shall Kalmar Nyckel be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including, but not limited to, negligence), or otherwise arising out of or in any way connected with the use of this website or the materials contained on, or accessed through, this website.
Modification
Kalmar Nyckel reserves the right to amend at any time any policies governing this Website, including this Notice and Kalmar Nyckel's Privacy Policy, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this Website. If you do not accept the amended terms, you should cease using this Website.
General
You acknowledge that the Website is based in the U.S.A., and that all legal actions between you and Kalmar Nyckel that are related to this Notice: (a) shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of law principles thereof, and (b) shall be instituted in a state or federal court in Wilmington, Delaware.
These Terms of Use do not supersede or modify other agreements you have entered into with the Kalmar Nyckel or supersede or modify its policies. This is a supplement to other Kalmar Nyckel agreements and policies.
If any provision of this Notice is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.