Liability Notice

Terms and Conditions of Use For

Acceptance of Terms

Welcome to the Web site. This Web site with its home page in the domain (the “Web site”) provides general information about the Nelda C. and H.J. Lutcher Stark Foundation (the “Foundation”) located in Orange, Texas, including upcoming activities and events of its programs: Shangri La Botanical Gardens and Nature Center, The W.H. Stark House, the Stark Museum of Art, and the Frances Ann Lutcher Theater for the Performing Arts. The Web site is a complimentary service offered by the Foundation (the “Organization”) at no charge to users of the World Wide Web. By accessing and using the Organization’s Web site, you as the User agree to be bound by these Terms and Conditions, and your use of this Web site evidences that you have read and have agreed to these Terms and Conditions.

If you do not agree to all of the Terms and Conditions set forth below, please cease use of and exit the Web site.

Intellectual Property

This Web site contains trademarks, names, logos, slogan, design and service marks that are the property of the Organization and other parties (the “Marks”). In order to keep these Marks distinctive, you are prohibited from using any Marks for any purpose, including, but not limited to, use as metatags on other pages or sites on the World Wide Web without prior written permission of the Organization or such third party who may own the Marks. All information and content, including but not limited to text, graphics, logos, and any software programs available on or through the Web site (the “Content”) is protected by copyright and other laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Web site for commercial or public purposes.  Modification or use of the Content on the Web site in a manner prohibited herein may subject you to penalties or damages, including but not limited to damages related to violation of trademarks, copyrights, privacy, and publicity damages. You are not authorized to use any part of the Marks or Content in any advertising, publicity, or in any other commercial manner without the prior written consent of the Organization or any third party who may own the Marks, as applicable.  No permission, whether explicit or implicit, is hereby granted to you to distribute, modify, post or frame any Content.

How You May Use Our Information

Without in any way waiving any of the foregoing rights, you may download one copy of the Content on the Web site solely to facilitate your use of the Web site resources for personal, noncommercial or educational purposes, provided you do not remove or alter any copyright, trademark or other proprietary notices.  Any copy of the information that you make must bear a copyright in the form:  Copyright Stark Foundation 2008, together with trademark or other proprietary notices located on the site that pertains to the information being copied. No other use is permitted without the prior written permission of the Organization and, except as otherwise expressly authorized herein, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of the Organization, its affiliates and/or any other content providers.  All such rights are retained by the Organization, its affiliates, and/or any other content providers.  The permitted use described in this paragraph is contingent on your compliance at all times with these Terms and Conditions.

How We May Use Your Information (Privacy)

The Organization may collect information voluntarily submitted by visitors to the Web site, which enables the Organization to respond to requests.  The Organization may also collect information to help us tailor the Web site to visitor interests and concerns.  When you communicate with us, send information or provide content to us or the Web site, you grant the Organization a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or that may be created in the future, including in other works and forms not associated with this Web site.

While the Organization attempts to protect the transmission of any information submitted by visitors to the Web site, no transmission of data is entirely secure and, thus, submission is at your sole risk. The Organization is not responsible under any circumstances and disclaims any responsibility for damages resulting from the use of information collected on the Web site.  The User should refer to the Organization’s separate Privacy Policy for more information, which is incorporated by reference herein.

Links to Third Party Sites

Although the Web site may contain links to other sites (“Third Party Sites”), such links are provided only as a convenience, and the inclusion of any link does not, directly or indirectly, imply or otherwise constitute any approval, association, sponsorship, endorsement or other affiliation by the Organization with the Third Party Site(s) or its operators.  The Third Party Sites may neither be owned by nor under the control of the Organization or its affiliates. The Organization has not necessarily reviewed all the Third Party Sites linked to the Web site and is therefore not responsible for the content of any Third Party Site including, without limitation, any link contained in a Third Party Site or any changes or updates to a Third Party Site.  Linking by the User to one or more Third Party Sites is at the User’s Own Risk.

No Warranty and Limitation of Liability


In addition to the foregoing, the Organization makes no warranty that the Web site will meet the User’s requirements or that the services will be uninterrupted, timely, secure or free of errors or viruses, nor does the Organization warrant that the results obtained through the Web site will meet your needs or that the Organization will correct any software defects.  Any content and/or data you download or otherwise obtain through the Web site is at your own discretion and your own risk. You alone are solely responsible for and assume the entire cost for any damage to your computer systems, including but not limited to computer hardware, computer software or connections, or loss or corruption of data that may result or otherwise arise from your use of this Web site.  No advice or information from the Organization, whether oral or written, will create any warranty in contravention of the foregoing. By entering the Web site, you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Web site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind that may arise, directly or indirectly, through the access to, use of, or browsing of this Web site or through your downloading of any materials, data, text, images, video or audio from this Web site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. In no event shall the Organization, its directors, representatives, employees, successors and assigns be liable for any damages whatsoever, including special, indirect, consequential or incidental damages, or damages for loss of profits, revenue, use or data as a result of claims, whether contract or tort, arising out of the Web site or the use or reliance upon any information contained in or accessed from the Web site.

While the Organization uses reasonable efforts to include accurate and up-to-date information on the Web site, the Organization assumes no liability or responsibility for any errors or omissions in the content of the Web site, for the actions of third parties or for content provided or posted by others. Changes may be periodically made to the information on the Web site at any time, without notice. The Organization expressly disclaims, to the fullest extent possible under the law, any and all liability for any infringement or other violation of intellectual property rights associated with the Web site or its content.


You are personally responsible for your behavior while you use the Web site. You hereby agree to indemnify, defend, and hold the Organization, its directors, representatives, employees, successors and assigns, together with any third parties that may contribute to or be affiliated with the Web site (collectively the “Indemnified Parties”) harmless from and against any and all liability and costs, including, but not limited to, reasonable attorneys’ fees and settlement amounts, incurred by the Indemnified Parties in connection with any claim or demand of any third party alleging losses, damages, injuries, expenses, harm, costs and the like arising out of your use of, or inability to use, the Web site, connections to the Web site, alleged violation of these Terms and Conditions, alleged violation of the rights of a third party, or alleged violation of federal privacy law including, without limitation, the Children’s Online Privacy Protection Act or any other regulations or rules with respect to privacy promulgated or enforced by any governmental agency.

Amendment and Severability

The Organization reserves the right to amend these Terms and Conditions at any time and for any reason, without notice or obligation, by changing or deleting, supplementing or otherwise modifying any of the information, links and policies contained on the Web site and related thereto.  If any part or section of these Terms and Conditions shall be held illegal, unenforceable, or invalid for any reason, the illegality, unenforceability, or invalidity of any provision or portion of the Terms and Conditions shall not affect the remainder of the Terms and Conditions, and the Terms and Conditions shall be construed and enforced as if the illegal, unenforceable, or invalid provision or portion thereof had not been included herein.  The headings appearing at the beginning of the sections contained in these Terms and Conditions have been inserted for identification and reference purposes only and shall not be used to determine the construction or interpretation of such Terms and Conditions.


The failure of the Organization to enforce at any time any term, provision or condition of these Terms and Conditions, or to exercise any right herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right herein. In no way whatsoever shall a waiver of any term, provision or condition of these Terms and Conditions be valid unless in writing, signed by the Organization, and only to the extent set forth in such writing.

Governing Law and Forum Selection

This site is designed for use in the United States of America and is to be construed and evaluated according to the laws of the State of Texas and of the United States of America.  By accessing this Web site, you agree that you have had the opportunity to read, review and/or understand the foregoing Terms and Conditions.  You further agree that the laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to the use of this Web site. Any disputes arising under or related in any way to these Terms and Conditions or to this Web site shall be solely and exclusively litigated, arbitrated, or otherwise determined in Orange County, Texas.  The User consents to jurisdiction in any state or federal courts sitting in Orange Country, Texas and arbitration in Orange County, Texas, and hereby waives any claim or defense that such forum is not convenient.

Thank You

Thank you for visiting the Web site and for accepting these Terms and Conditions of Use in order to use the Web site. If you have questions, you may write to Stark Foundation, P.O. Drawer 909, Orange, Texas 77631, Attn: Corporate Communications.

Privacy Statement for

The Nelda C. and H.J. Lutcher Stark Foundation (the “Organization”) and its directors, representatives, employees, agents and affiliates recognize that privacy is important.  The Organization provides this Privacy Statement to inform you of our privacy procedures and practices as well as the choices you can make about the way your information is collected online and how that information is used.

1. Site covered by this Privacy Statement

This Privacy Statement applies to the site with its home page in the domain (the “Web site”).  We have structured the Web site so that, in general, you can visit the Web site without identifying yourself or revealing any personal information, as you may elect.  The Web site may provide links to Non-Organization Web sites (“Third-Party Sites”) for your convenience and information.  If you access those links, you will leave the Web site.  The Organization does not control those sites or their privacy practices, which may differ from ours. We do not endorse or make any representations about Third-Party Sites. Although we try to link only to sites that share our respect for visitor privacy, the Organization is not responsible for the content or the privacy policies of any sites to which it may provide links.  Personal data you may choose to give to unrelated Third Parties is not covered by the Organization’s Privacy Statement. We encourage you to review the privacy statement of any other company or entity before submitting your personal information. Some third-party companies may choose to share their personal data with the Organization, which would be governed by the other company’s privacy statement.

2. Types of Information Collected

The Web site offers much content and information that does not require you to register for an account or provide any personal information to us.  In order to provide the Web site’s full range of services, including advising users of new on-line material and providing periodic updates, the user may register to receive services, at which point we may collect certain types of information from you, including personal information and non-personal data collection with aggregate reporting.

  • Personal information is information that is associated with your name or personal identity. The Organization uses personal information provided on the Web site to better understand your needs and interests. Once you choose to provide us with personal information, it will be used only to identify the connection you have established with the Web site and will not be sold or otherwise assigned to others.  To personalize the Web site and your experience with the Web site, we may also ask you to provide us with information regarding your personal or professional interests, demographics, and experiences relating to the Organization’s programs and facilities in the City of Orange, Texas. Providing this additional information is optional.
  • Non-personal information is anonymous data about usage that is not associated with a specific personal identity. The Organization collects and analyzes non-personal information to evaluate how visitors use the Web site in order to improve the services it offers.  Non-personal data we collect may include the pages visited on the Web site, unique URLs1 visited within browser type and the user’s IP2 address. Most non-personal data is collected via cookies or other analyses technologies. The Web site’s Web pages use cookies (a small file containing a string of characters), Web beacons and other technologies for data analysis and personalization services. This allows us to store user preferences, track site usage, customize content, and improve Web site structure, flow and content, among other purposes.  The Organization may provide links to Third-Party Sites that may use cookies.

3. How We Use Information

The Organization uses your personal information to help us better understand your needs and interests. Specifically, we use your personal information to communicate with you, to update you on events and activities relevant to the Web site, and to personalize certain aspects of the Web site. Using the e-mail address provided upon any registration, the Organization may choose to periodically send e-mails to its Web site users and may contact you regarding account status and to confirm registration.

As the Organization may offer content relevant to this Web site in connection with other Web sites operated by it, personal information that you provide to those sites may be sent to the Web site in order to enhance the service.  We process such information in accordance with this Statement.  As any affiliated sites may have different privacy practices, you are directed to read such separate privacy policies. Links to Third-Party Sites may be presented in a format that enables us to keep track of whether those links have been followed.  The Organization, however, does not exercise control over any Third-Party Sites displayed as links or search results, and such other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.  This Privacy Statement applies to the Web site defined above.

Personal data collected online may also be combined with information you provide the Organization through other sources.  Personal data given to the Organization may be transferred across state and country borders for the purposes of data consolidation, storage and simplified customer information management as determined in the discretion of the Organization. Non-personal data is aggregated for reporting about the usability, performance and effectiveness of the Web site. It is used to improve the user experience, usability and content of the Web site.  If you send e-mail or other communication to the Organization, we may retain those communications in order to process your inquiries or respond to your requests.

4. Who We Share Information With

The Organization only shares personal information with other individuals and entities outside of the Organization in the following limited circumstances:

  • We have your consent.  We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our affiliates, related programs or other trusted entities, organizations or persons for the purpose of processing personal information in connection with the Web site’s objective.  We require that these parties agree to process such information based on our instructions and in compliance with this Statement and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms and Conditions for the use of the Web site, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of the Organization, its users or the public as required or permitted by law.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who reviewed or searched for a particular item or listing, for example, or how many users clicked on a particular option.  Such information does not identify you individually or particularly.  Please contact us at the address below for any additional questions about the management or use of personal data.

If the Organization is involved in any type of corporate succession or dissolution, we will provide notice before personal information is transferred and becomes subject to a different privacy statement.

5. Choices for Personal Information

The Organization gives you the choice of receiving a variety of information that complements and facilitates the purpose served by the Web site.  You can elect to subscribe to receive certain information and marketing communications. Communications may include (a) updated community information concerning activities and events hosted by the Stark Foundation or a program operated by the Organization, (b) information concerning the City of Orange, Texas, (c) an invitation to participate in research, or (d) related information and communications. We give you a choice regarding delivery of communications by postal mail, e-mail and telephone, and we will make every effort to honor your preferences.

6. Privacy Preferences and Opting out

The Organization will not use your personal information for a different purpose than the one stated when you provided your data.  To opt-out of receiving communications you have expressly requested (such as e-mail newsletters, messages, etc.), use any of the following methods:

  • Select the e-mail “unsubscribe” link, or follow the opt-out instructions included in each subscription communication; or
  • Write to the Organization’s Office at the postal address listed below and be sure to provide your name, e-mail and postal address, and relevant information about your Web site subscriptions and registrations

7. Access to and Accuracy of Information

When you utilize the Web site, the Organization will make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.  We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for example, requests concerning information residing on backup tapes), or for which access is not otherwise required.  In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

8. Information Security

The Organization takes appropriate security measures to safeguard the information we collect online and to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data, to maintain data accuracy, and to ensure the appropriate use of the information.  We restrict access to personal information to Organization employees, contractors, representatives and agents who need to know that information in order to operate, develop or improve our services.  You should know, however, that no security system is foolproof and, therefore, you should exercise due care and good judgment when transmitting data over the Internet or filling out forms for the Web site.

9. Privacy for Children

We encourage everyone to visit the Web site and learn about its content and purpose.  However, children under 13 years of age are not eligible to register to use the Web site’s services, and we ask that children under 13 years of age not submit any personal information to us.  The Organization does not knowingly collect information from children under the age of 13 years nor does the Organization target the Web site to children under the age of 13 years.  If you are a minor under 13 years of age, you may use the Web site only in conjunction with a parent or guardian.  We encourage parents and guardians to take an active role in their children’s online activities and interests. Parents or guardians should become knowledgeable about software and other tools so they can assure that their children’s use of the Internet reflects parental preferences and requirements.

10. Changes to this Statement

Due to rapidly evolving technologies on the Internet, this Statement is subject to change from time to time without notice.  If there are updates to the terms of this Statement, we will post those changes to the Web site and update the revision date in this document, so you will always know what information we collect online, how we use it, and what choices you have.

11. Contacting Us

If you have comments or questions about this Statement, please send them to the Organization at the following address: STARK FOUNDATION, P.O. Drawer 909, Orange, Texas  77631, Attention: Corporate Communications.

By using this Web site, you signify your agreement to the terms of this Privacy Statement.  If you do not agree to these terms, please cease use of and exit the Web site.

Rev. May 27, 2008

1 A URL (Uniform Resource Locator) is the global address of documents and other resources on the World Wide Web. For example,

2 An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer, browser and related actions. Computers require IP addresses in order for users to communicate and browse on the Internet.

Copyright © 2008 by the Nelda C. and H.J. Lutcher Stark Foundation. All rights reserved.