Welcome to the N'Kenge Foundation. These Terms & Conditions ("Terms") govern your access to and use of nkengefoundation.org (the "Site"), our programs, events, donation services, and any related content (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. About Us
The N'Kenge Foundation is a New York / New Jersey based 501(c)(3) nonprofit organization (EIN #99-4310836) dedicated to uplifting the legacies of BIPOC artists and legends through the arts, mental wellness programming, financial literacy education, and storytelling.
2. Eligibility
The Site is intended for users who are at least 13 years old. Users under 18 must have permission from a parent or legal guardian to interact with our programs, submit content (including audition videos or competition entries), or make donations.
3. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right.
- Post, transmit, or share content that is unlawful, defamatory, harassing, abusive, threatening, hateful, obscene, or otherwise objectionable.
- Impersonate any person or entity, including the N'Kenge Foundation, our staff, board, or partners; or misrepresent your affiliation with any person or organization.
- Interfere with or disrupt the Site, our servers, or any networks connected to the Site — including the use of bots, scrapers, or automated tools to access content without our written consent.
- Upload viruses, malware, or any code designed to interrupt, destroy, or limit the functionality of the Site.
- Attempt to gain unauthorized access to any portion of the Site or any related systems or networks.
- Use the Services to solicit funds, market products, or promote unrelated commercial activity without our prior written consent.
We reserve the right, at our sole discretion, to remove any user submission, suspend any account, or refuse service to any person who violates these Terms or otherwise engages in conduct we believe is harmful to the Foundation, our community, or any third party.
4. Intellectual Property
All content on the Site — including text, logos, photography, video, music, graphics, and the "N'Kenge Foundation" name and marks — is owned by or licensed to the Foundation and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, publish, modify, or create derivative works from any Site content without our prior written permission, except as expressly permitted by these Terms or applicable law (e.g., personal, non-commercial reference).
Your Submissions
By submitting content to us — including audition videos, competition entries, photos, or written materials — you grant the N'Kenge Foundation a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, display, distribute, and create derivative works from that content for purposes related to our mission, including promotion of our programs and events. You represent that you own or have all necessary rights to the content you submit and that the content does not infringe any third-party rights.
5. Donations
Donations to the N'Kenge Foundation are processed by third-party providers (currently Zeffy). All donations are voluntary and, to the extent permitted by law, tax-deductible in the United States. Donations are generally non-refundable; if you believe a donation was made in error, please contact us within 14 days at info@nkengefoundation.org and we will review your request in good faith.
The Foundation reserves the right to decline or return any donation that, in our judgment, conflicts with our mission, values, or legal obligations.
6. Ticketing & Events
Tickets to Foundation events may be sold through third-party platforms (such as Zeffy). Your purchase of a ticket is also subject to the terms of that platform. We are not responsible for errors, outages, or refund policies of third-party ticketing services. Event details — including date, time, lineup, and venue — are subject to change; we will use reasonable efforts to notify registered attendees of material changes.
7. Third-Party Links
The Site may contain links to third-party websites or services (including Zeffy, social media platforms, and press outlets). We do not control and are not responsible for the content, policies, or practices of those third parties. Your use of any linked site is at your own risk and subject to the terms and privacy policies of that third party.
8. Disclaimer of Warranties
The Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of content. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Limitation of Liability
To the fullest extent permitted by law, the N'Kenge Foundation, its directors, officers, board members, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — or for any loss of profits, revenue, data, or goodwill — arising out of or relating to your access to or use of, or inability to access or use, the Services. Our total aggregate liability for any claim arising out of these Terms or the Services shall not exceed one hundred U.S. dollars (US $100).
10. Indemnification
You agree to defend, indemnify, and hold harmless the N'Kenge Foundation and its directors, officers, board members, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual-property or privacy rights; or (d) any content you submit to or through the Site.
11. Termination
We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including for any violation of these Terms. Sections that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — shall survive.
12. Governing Law & Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts. You and the Foundation agree to waive any right to a jury trial to the fullest extent permitted by law.
13. Changes to These Terms
We may revise these Terms from time to time. The most current version will always be posted on this page with a revised "Effective Date." Material changes will be communicated via the Site or, where appropriate, by email. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.
14. Contact
Questions about these Terms should be directed to:
N'Kenge Foundation
Email: info@nkengefoundation.org
See also our Privacy Policy and Accessibility Statement.