Soon Foundation for the Arts (“Soon”) provides this online website (soonfoundation.com) and any other sub-domains, affiliated websites, or social media platforms associated with soonfoundation.com (collectively referred to as the "Soon Foundation for the Arts") in support of its charitable mission to advocate for artists and promote public understanding and appreciation of the arts in Alaska. By accessing the Soon website and associated platforms, you affirm that you are legally authorized to do so and accept these terms and conditions (the “Terms and Conditions”) without limitation or qualification. Soon may modify these Terms and Conditions at any time, and such changes will be binding.

If you do not agree to be bound by these Terms and Conditions, please exit the Soon Foundation website now and refrain from further use. By utilizing this website, you confirm acceptance of these terms and your commitment to comply with them.

The names, titles, trademarks, service marks, and logos appearing on the Soon website are registered and unregistered marks of Soon, including but not limited to ©SOON FOUNDATION FOR THE ARTS, ©SOON ALASKA, SOON PROJECTS, SOON ARTS, ART ALASKA, and SOON SITES (“Soon Trademarks”). Unauthorized use of the Soon trademarks is prohibited unless prior written permission is obtained. Third-party trademarks may also be displayed on the Soon website. You may not utilize these trademarks without obtaining prior written consent from their respective owners. You understand and agree that nothing on the Soon website grants, whether expressly or implicitly, any rights or licenses to use any of the Soon Trademarks, nor should it be construed as granting Soon the authority to license any rights on behalf of third-party trademark owners.

The content on this website, including images, text, software, documentation, electronic text and image files, audio and video clips, and other materials, is protected by copyright laws and may also be subject to other legal restrictions, such as rights of privacy and publicity. Soon retains all rights, including copyright, in the data, images, text, and other information contained within these materials. Copyrights and other proprietary rights in the material on the Soon website may also be held by individuals or entities other than Soon. Soon expressly prohibits the reproduction of any protected materials from the Soon website, unless permitted under the doctrine of fair use as defined by copyright laws, as described below.

Fair use of copyrighted material encompasses the use of protected materials for non-commercial personal or educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise specified, users wishing to download or print text, audio, video, images, and other files from Soon’s website for such purposes may do so without express permission from Soon, provided that the user must: 1) acknowledge the author/artist and source; (2) include the URL http://www.soonfoundation.org in the source citation whenever feasible; and (3) include the appropriate credit line for any images.

Soon does not guarantee that the use of the text, images, and content displayed on the Soon website will not violate any rights of third parties not owned by or affiliated with Soon. You agree to indemnify, defend, and hold Soon, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes of action, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or related to your use of the website.

Our website may include links to third-party websites. These links are provided for convenience only. We do not endorse or assume responsibility for the content or practices of these external sites. Accessing those sites is at your own risk.

Soon has not reviewed all sites linked to the Soon website and is not responsible for the content of any off-site pages or other sites linked to the Soon website. Your use of links to any off-site pages or other websites is at your own risk.

Unauthorized downloading, publication, or exploitation of files owned by Soon for commercial purposes is strictly prohibited. Anyone wishing to use files or images on the Soon website for publication or any other commercial use must request and obtain prior written approval from Soon and/or the third-party copyright holder. Permission for such use is granted on a case-by-case basis and at the sole discretion of Soon and/or the third party. For inquiries regarding permissions or to request photography of works in Soon’s permanent collection, please call Rights & Reproductions at [Insert Phone Number] or email [Insert Email Address]. Alternatively, you can write to Rights & Reproductions at: Soon Foundation for the Arts, Rights & Reproductions, [Insert Address]. All requests for image reproduction must be submitted in writing and include the following information: 1) Artist's name; 2) Title of the work or works; 3) Description of the image placement in which the work will be reproduced or displayed.

All rights not expressly granted by Soon herein are specifically and completely reserved. Nothing on the Soon website or in these Terms and Conditions grants, either expressly or implicitly, any right or license to use any content or property belonging to any third party, nor may it be construed to suggest that Soon has the authority to grant any right or license on behalf of any third party.

By using the Soon website in any manner, you represent and warrant that your use will adhere to these Terms and Conditions, including the principles of Fair Use. You agree to indemnify, defend, and hold Soon, along with its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes of action, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or related to your usage of the Soon website.

SOON PROVIDES THE SOON WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. SOON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. SOON DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. SOON MAKES REASONABLE EFFORTS TO REVISE AND UPDATE THE WEBSITE BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE WEBSITE'S UNAVAILABILITY. SOON ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

NEITHER SOON, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, NOR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SOON WEBSITE, CONTENT, AND/OR COMPILATION.

You acknowledge and agree that if any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not be affected or impaired thereby. In such event, the parties agree that the invalid term(s) or condition(s) shall be reformed by the court to closely align with the intent of the parties as expressed in the provision. If reformation is not possible, such terms shall be severed and omitted from these Terms and Conditions. Soon’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Soon.

These Terms and Conditions, along with any counterparts, amendments, or revisions, shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to principles of conflicts of law. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in any federal or state court located within the Matanuska-Susitna Borough and the State of Alaska. The parties hereby waive any objection they may have to personal jurisdiction in these courts.

— Effective January 28th 2025