Terms Of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND UNITED PALACE OF SPIRITUAL ARTS, INC (HEREINAFTER, “UNITED PALACE” OR “WE” OR “OUR” OR “US”), THE OWNER OF THE WEBSITE LOCATED AT WWW.UNITEDPALACE.ORG (HEREINAFTER, THE “WEBSITE”). BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”) BECAUSE YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS. WE ARE WILLING TO LICENSE AND ALLOW YOUR USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TOU. IF YOU DO NOT AGREE WITH THESE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY UNITED PALACE FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THE WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

TERMS AND CONDITIONS

Description of the Services Available

The United Palace is a transformational organization and venue that fuses spirituality, art, culture and entertainment. Our Website provides information related to the cultural and spiritual offerings, programs and activities. It also provides a wide variety of resources and information, including video and audio streaming and other content (the “Content”).

Registration; Personal Information

You can visit the Website and access some of the resources, features and functionality without being required to provide us with any personal information. However, certain resources, features and functionality will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here.

You will also have the option of storing credit card information in order to easily facilitate future donations, as further described below.

Age Requirements

The United Palace Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older to make a donation or to purchase a ticket to one of our events; if you are between 13 years to 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to make a donation(s) or make an online purchase. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Website, you hereby agree to the terms set forth in these Terms if Use on behalf of both yourself and your child. If you reside in a jurisdiction that would restrict the use of this Website - or any of the functionalities or features offered via the Website - because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.

If you reside in a jurisdiction that would restrict the use of the Websites - or any of the functionalities or features offered via the Websites - because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Websites if you are not permitted to do so by such local jurisdiction. Please note, if you reside in the European Economic Area, Switzerland or the United Kingdom, users must be 16 years of age or older (as further specified below), and any use of or access to the Websites by anyone under 16 is unauthorized.

Intellectual property rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of United Palace. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of United Palace. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of United Palace or their respective owners.

Copyright

Except as otherwise expressly stated, all content appearing on this Website – including all sermons, blogs, webcasts and similar materials, is the copyrighted work of either United Palace, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of United Palace, and is protected by U.S., and international copyright laws. Except as otherwise expressly stated herein or as expressly permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of United Palace, or any applicable third-party suppliers or authorized users. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by United Palace. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. United Palace does not warrant nor represent that your use of any content or materials displayed on the Website will not infringe rights of third parties. 

Takedown Notice

If you believe that any content, pictures or images on these Websites violates or infringes upon your intellectual property rights or someone else’s intellectual property rights, please contact us at [ ] and provide enough information to enable the United Palace to understand what content, pictures or images are an issue, and provide contact information so that we can contact you with any questions or follow up.

United Palace License Grant

The United Palace Website is provided by United Palace, and these TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access the Website solely for your own personal use. Your use the Website and any content, services, materials or information made available through the Website is conditioned on your continued compliance with the terms and conditions of these TOU. Accordingly, you expressly acknowledge and agree that United Palace transfers no ownership or intellectual property interest or title in and to the United Palace.

Reservation of Rights

United Palace reserves the right, in its sole discretion and at any time, to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Website, in whole or in part, including, but not limited to, as we deem necessary for purposes of maintenance, upgrades and the like, or to maintain the Website or to comply with applicable law.  United Palace shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Website.

Payments and Payments Processing; Rules for All Payments

The Website provides a variety of programs, events and Content that may require the purchase of tickets or other payment transactions. Additionally, we also provide visitors the opportunity to make an online donation to United Palace. United Palace has engaged the services of third party payment service provider(s) and ticketing agencies to process all donation/payment transactions/ticketing. United Palace is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and United Palace is not responsible in any way for the actions or performance (or lack thereof) of such third party payment service provider(s). Accordingly, United Palace expressly disclaims responsibility and liability for all payment processor services and ticketing agencies, and you hereby agree that United Palace shall not be responsible for any loss or damage of any sort incurred as a result of such services. Additionally, since such third party payment service provider(s) and ticketing agencies will have access to the information you provide to them when engaging in such payment transaction, you should not engage in such transaction(s) if you are not comfortable with sharing your information with them.

You hereby acknowledge and agree that, for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions are final and non-refundable, unless otherwise explicitly stated otherwise. If you have any questions regarding any donation, please contact us by phone at [ ] or by email at

Organizing Events/Booking the Venue

We allow you to organize and run an event in the United Palace Cultural Center venue. In order to do so, you must submit a request, complete an application, and adhere to a variety of requirements, rules and standards. The United Palace may reject any request for any reason, or no reason, as determined by us, in our sole discretion.

Additional Acknowledgments.

You hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the United Palace Websites and all Content. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the United Palace Websites is solely at your own risk. While United Palace has endeavored to create a secure and reliable Websites, you should understand that the confidentiality of any communication or material transmitted to/from the United Palace Websites over the Internet or other form of global communication network cannot be guaranteed. Accordingly, United Palace is not responsible for the security of any information transmitted to or from the Websites.

Prohibited Use/Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, and represent and warrant, that your use of the Websites, will not be, or alleged to be:

  1. unlawful, unauthorized, fraudulent or malicious in purpose;
  2. false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic;
  3. an invasion another's right of privacy or publicity;

In addition, you agree you will not:

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Websites or Content or in any way;
  2. modify or make derivative works based upon the Websites or Content;
  3. create Internet “links” to the Service or “frame” or “mirror” the Websites on any other server or wireless or Internet-based device;
  4. reverse engineer or access the Websites in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application;
  5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Websites;
  6. interfere with or disrupt the integrity or performance of the Websites or the data contained therein, or attempt to gain unauthorized access to the Websites or its related systems or networks.

United Palace will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that United Palace has no obligation to monitor your access to or use of the Websites, but has the right to do so for the purpose of operating the Websites and providing the Services, to ensure your compliance with these TOU, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Disclaimers

WHILE UNITED PALACE ENDEAVORS TO PROVIDE A RELIABLE AND FUNCTIONAL WEBSITE, ALL ELEMENTS OF THE WEBSITE, INCLUDING THE INFORMATION, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE WEBSITE, SERVICES, CONTENT AND INFORMATION, INCLUDING ANY SERVICES PROVIDED BY THE TICKETING AGENCY WITH WHOME WE WORK. UNITED PALACE EXPRESSLY disclaims all warranties and conditions with respect to the WEBSITE AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. UNITED PALACE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL UNITED PALACE (AND ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, DEVELOPERS, NETWORKS, AND DISTRIBUTORS) BE LIABLE FOR (i) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OR PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE SERVICES, OR (ii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY UNITED PALACE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE, OR (iii) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION, OR ANY DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BY USING THIS WEBSITE, YOU EXPRESSLY AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN; IF YOU DO NOT AGREE TO THIS ALLOCATION OF RISK, YOU MUST NOT USE THE WEBSITE.

Indemnity

You agree to defend, indemnify, and hold harmless United Palace and affiliates and all of their respective employees, funders, parents, subsidiaries, joint ventures, affiliates, agents, developers, directors, officers and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from i) any breach or alleged breach by you of this TOU, or ii) any act or omission related to your use of this Website, or iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Governing Law

This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and United Palace each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue to the federal and state courts located in New York County, New York.

YOU AND UNITED PALACE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR UNITED PALACE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR UNITED PALACE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND UNITED PALACE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, UNITED PALACE, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Arbitration

At United Palace’s sole discretion, any disputes or claims under this TOU or its breach may be submitted to and resolved exclusively by arbitration conducted in accordance with American Arbitration Association rules. One arbitrator appointed under such rules shall conduct arbitration. Any such arbitration shall be in New York County, New York, and the laws of New York shall be applied. Any decision in arbitration shall be final and binding upon the parties. Judgment may be entered thereon in any court of competent jurisdiction. Notwithstanding the above, United Palace may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against United Palace must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Any claim or cause of action arising out of or related to use of the Website and/or any of the services, or the Ads, Rewards or the TOU, must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. Any failure to act by United Palace with respect to a breach by you or others does not waive United Palace’s right to act with respect to subsequent or similar breaches.

Term and Termination.

This TOU and your right to use the United Palace Website will take effect at the moment you access the United Palace Website, and is effective, binding and enforceable for as long as use the Website. In addition, United Palace reserves all of its legal rights to pursue any and all legal remedies if we believe you are using the Website for fraudulent or unlawful activity or you are taking any actions or omissions that violate any term or condition of this TOU, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this TOU that by their nature our intended to survive termination will so survive and remain binding and effective – such provisions include, but are not limited to the miscellaneous section below, the provisions concerning United Palace's proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Changes to the Terms of Use

United Palace reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates, and you hereby acknowledge and agree that you will be bound by the then current posted Terms of Use.

Miscellaneous

This TOU constitutes the entire agreement between you and United Palace and governs your use of the Website, superseding any prior agreements between you and United Palace. you will not assign the TOU or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of United Palace. Any purported assignment or delegation by you without the appropriate prior written consent of United Palace will be null and void. We may assign these TOU or any rights hereunder without your consent. Failure by United Palace to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by United Palace of that or any subsequent default or failure of performance. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject United Palace to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the Website provides. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and United Palace as result of this TOU or your utilization of the United Palace Website. Headings herein are for convenience only.

Terms of Use: last updated July 10, 2019.