Chadwick Boseman Foundation for the Arts

Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE CHADWICK BOSEMAN FOUNDATION FOR THE ARTS INC. (“CBFA” OR “WE” OR “US” OR “OUR”). THE WEBSITE, LOCATED AT WWW.CHADWICKBOSEMANFOUNDATION.ORG (“WEBSITE”), IS OWNED AND OPERATED BY THE CHADWICK BOSEMAN FOUNDATION, INC. 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. YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY THE CBFA.

CBFA IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO USE THE WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY CBFA FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS 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 Website

CBFA aims to continue Chadwick Boseman’s legacy of uplifting and inspiring through the arts. CBFA activities include developing a program of annual and at-need scholarships for students at Historically Black Colleges and Universities (HBCU) studying the arts, the administering of targeted impact gifts and grants on a case-by-case basis to community theater and arts programs in Black communities, and ongoing programming for young artists to provide continued support and mentorship throughout their artistic careers. The Website provides users with access to a variety of information, resources, works of authorship, e-newsletters, videos, and other relevant content (collectively, the “Content”).

Personal Information 

You can visit the Website and access most of the Content, features, and functionality without being required to provide us with any personal information; however, to gain access to certain Content will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our Privacy Policy. 

Age Requirements

CBFA 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 Terms of Use with your parent or guardian to make sure that your parent or guardian understands them and 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. 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 of Use on behalf of both yourself and your child. 

If you reside in a jurisdiction that restricts the use of the 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. 

Intellectual Property Rights

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of the Chadwick Boseman Foundation for the Arts Inc. All page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CBFA. All other trademarks, service marks, trade dress, product names, company names, and 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 on the Website without the prior written authorization of CBFA or their respective owners.

Copyright

Except as otherwise expressly stated, all Content appearing on the Website is the copyrighted work of either CBFA or third party partners and suppliers 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 CBFA 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 the Website, in whole or in part, including any text, images, audio, and video in any manner without the prior written authorization of CBFA 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 CBFA. 

CBFA License Grant

These Terms of Use 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 of the Website and access to the Content, including any images, videos, materials, and information made available through the Website are conditioned on your continued compliance with the terms and conditions of these Terms of Use. Accordingly, you expressly acknowledge and agree that CBFA transfers no ownership or intellectual property interest or title in the Content. 

Reservation of Rights

CBFA 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, as we deem necessary, for purposes of maintenance, upgrades, and the like; to maintain the Website; and to comply with applicable law. CBFA shall not be liable to you or to any third party for any such modifications, suspensions, or discontinuances of the Website. 

Rules for Payments and Payment Processing

You can make an online donation to CBFA. CBFA has engaged the services of a third party payment service provider(s) to process all donation and payment transactions. CBFA is not affiliated with any such third party payment service provider(s), and neither is the agent or employee of the other, and CBFA is not responsible in any way for the actions or performance (or lack thereof) of such third-party payment service provider(s). Accordingly, CBFA expressly disclaims responsibility and liability for all payment processor services, and you hereby agree that CBFA 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 providers will have access to the information you provide to them when making a donation, you should not make a donation if you are not comfortable with sharing your information with these third parties. 

You hereby acknowledge and agree that (1) for all donations, you will not use an invalid or unauthorized credit or debit card or other payment method, and (2) all donations are final and non-refundable. If you have any questions regarding any donation, please contact us by email at admin@chadwickbosemanfoundation.org.

Additional Acknowledgments 

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

Prohibited Use and Activities

In addition to any other restrictions or conditions of use, you hereby acknowledge, represent, and warrant that your use of the Website will not be or alleged to be unlawful, unauthorized, fraudulent, or malicious in purpose. In addition, you agree you will not:

  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Website or Content in any way; 
  • Modify or make derivative works based on the Website or Content; 
  • Create Internet hyperlinks to the service or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; 
  • Reverse-engineer or access the Website 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;
  • 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, and any program that may make multiple server requests per second or unduly burdens or hinders the operation and/or performance of the services or Website; or
  • Interfere with or disrupt the integrity or performance of the Website or the data contained therein or attempt to gain unauthorized access to the Website or its related systems or networks.

Links to Third Party Websites, Materials, and Content 

The Website contains hyperlinks to other websites, including a variety of social media sites, such as Facebook, Twitter, and Instagram, each owned and operated by parties other than CBFA. We do not control the websites accessed from such hyperlinks and cannot be held responsible for the content or accuracy of anything on those sites, including any advertisements, products for sale, and services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. CBFA shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services, or other materials available on or through any such linked website. CBFA is not responsible for the privacy practices of any other website, and we encourage you to read the privacy policy of each website you visit prior to providing them any information or undertaking any activities.

Service Provided in United States and Compliance with Laws

CBFA Website is hosted in the United States. If you are a non-U.S. user of CBFA, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. 

We make no representations that the Website and any and all information contained therein, including any Content, is appropriate, available, or legal in any particular location. The Website is not intended for access 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 CBFA to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website and all related services, information, and Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local, and any other applicable laws, statutes, ordinances, and regulations regarding your use thereof.

General Disclaimer

The Content contained on this Website has been prepared by CBFA as a convenience to its donors, users, and Website visitors. CBFA has used reasonable efforts in collecting, preparing, and providing such Content but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content contained in or linked to this Website or any other Website maintained by CBFA. 

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE CBFA 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, NON INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND ACCURACY. THE CBFA MAKES NO WARRANTY THAT THE WEBSITE AND CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH ISSUES WILL BE CORRECTED.

Limitation of Liability 

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE CBFA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, AND PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE) AND YOUR USE OF OUR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE CBFA AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS-ACTION LAWSUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Indemnity 

You agree to defend, indemnify, and hold harmless CBFA 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 Terms of Use, or (ii) any act or omission related to your use of this Website or Content.

Governing Law

This Terms of Use 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 CBFA 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 THE CBFA AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR THE CBFA 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 THE CBFA ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND THE CBFA FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, THE CBFA, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Arbitration 

At CBFA’s sole discretion, any disputes or claims under this Terms of Use 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 Arlington County, Virginia, and the laws of Virginia 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, CBFA may sue in any court for infringement of its proprietary or intellectual property rights. All claims you bring against CBFA 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 Content or these Terms of Use 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 CBFA with respect to a breach by you or others does not waive CBFA’s right to act with respect to subsequent or similar breaches.

Term and Termination 

This Terms of Use and your right to use CBFA Website will take effect at the moment you access the Website and is effective, binding, and enforceable for as long as you use the Website. In addition, CBFA 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 any actions or omissions that violate any term or condition of this Terms of Use, or in order to protect its name and goodwill, its business, and/or other users. All provisions of this Terms of Use that by their nature are 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 CBFA’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Miscellaneous 

This Terms of Use constitutes the entire agreement between you and CBFA and governs your use of the Website, superseding any prior agreements between you and CBFA. You will not assign the Terms of Use 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 CBFA. Any purported assignment or delegation by you without the appropriate prior written consent of CBFA will be null and void. We may assign these Terms of Use or any rights hereunder without your consent. Failure by CBFA to insist on strict performance of any of the terms and conditions of this Terms of Use will not operate as a waiver by CBFA 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 CBFA 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 Terms of Use 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. 

Terms of Use last updated September 20, 2022.