Effective date: 09/05/2026

These Terms of Use ("Terms") are offered by 120 MARCUS MEETS MALCOLM INC., the organization operating as Marcus Meets Malcolm ("MMM”,”MMM 120", "we," "us," or "our"). They apply to https://www.120mmm.org and MMM-controlled online features that expressly link to them (collectively, the "Website"). They do not automatically govern a third party's website or an in-person activity.

Please read these Terms, including the website liability provisions in Sections 12–14. You agree to these Terms when you affirmatively accept them through a clearly labeled checkbox, button, or other acceptance process that presents these Terms before you act. Where we rely on another form of acceptance, these Terms apply only to the extent you receive legally sufficient notice and manifest assent under applicable law. If you do not agree, do not complete a transaction or use a feature that requires acceptance. Merely posting these Terms does not replace an acceptance process where one is required.

Purpose and Availability of the Website

The Website provides information about MMM's Harlem community programs, cultural events, public-space stewardship, volunteer opportunities, sponsorships, fundraising, and community resources.

We may correct information, maintain or modify the Website, or suspend an online feature for operational, security, or legal reasons. These actions do not cancel an existing payment, refund, privacy, or other obligation. Changes to the Terms themselves are governed by Section 16.

Adults, Minors, and Authority to Act

An individual accepting these Terms or completing an online registration, donation, purchase, application, or content submission must be at least 18 and legally able to enter an agreement. A parent or legal guardian must complete these actions for a minor. If you act for an organization, you represent that you are authorized to bind it to the applicable transaction.

Minors may view public information with appropriate adult supervision. These online requirements do not prohibit eligible minors from attending community programs. Program-specific age, supervision, and permission requirements apply separately.

Children under 13 must not submit information directly through Website forms. A parent or guardian should contact MMM about child participation and submit only the information requested through the designated process. Contact us if you believe a child has submitted information improperly so we can investigate and take the action required by applicable law. Nothing in these Terms waives a minor's rights or establishes the validity of a parent-signed release.

Acceptable Use and Access Restrictions

You must use the Website lawfully and provide accurate information relevant to your request. You must not:

Access nonpublic systems or another person's information without authorization, or defeat security or access controls.

Introduce malicious code, send spam, disrupt services, or collect personal information from the Website without lawful authority.

Use automated tools in a way that burdens the Website, bypasses technical restrictions, or unlawfully copies protected content. Ordinary search-engine indexing of public pages is permitted subject to applicable technical instructions.

Commit fraud, impersonate others, submit unlawful threats or harassment, or infringe intellectual-property, privacy, or other rights.

Misrepresent affiliation with MMM or use its branding to conduct unauthorized fundraising or imply endorsement.

Lawful criticism, honest reviews, legally protected reporting, and uses otherwise protected by law are not prohibited. We may restrict access or remove content when reasonably necessary to address a violation, security risk, or legal obligation. Restrictions do not eliminate refund rights, privacy rights, or other obligations that survive the restriction.

Events and Programs

Dates, locations, participants, capacity, and activities may change because of weather, safety, permitting, or other operational circumstances. We will use reasonable efforts to communicate material changes to confirmed registrants using the information they supplied. Check the event page before attending.

A registration request is not confirmed until MMM or its authorized registration provider issues confirmation. Any attendance conditions, material restrictions, cancellation policy, and additional agreement will be presented before registration or purchase. Additional contractual terms apply only if validly accepted. Reasonable on-site safety directions remain subject to applicable law and any refund obligations.

These Website Terms are not an event liability waiver, medical consent, or photo release. Any such document must be addressed separately and is effective only to the extent permitted by law. These Terms do not waive personal-injury claims or a child's claims. An event organizer's safety duties, insurance obligations, and permit requirements are not replaced by these Terms.

Tickets, Charges, Cancellations, and Refunds

Before payment, the applicable event or checkout page will identify the seller or organizer, price, mandatory charges, and cancellation and refund policy. Total prices and fees will be presented as required by applicable law. You authorize only the payment you expressly select and confirm, using a payment method you are authorized to use.

If MMM cancels a paid event without providing it, MMM will refund the ticket or registration amount and mandatory fees it collected for that event, together with any additional amounts required by law. A credit or donation conversion will not replace a refund without your affirmative choice. A materially rescheduled event will be handled under the policy disclosed before purchase and applicable law; a new no-refund restriction cannot be imposed afterward.

For participant-requested cancellations and no-shows, the policy disclosed before purchase applies, subject to law. If no such policy was disclosed, these Terms do not create an automatic no-refund rule. A third-party charge is nonrefundable only if that treatment was properly disclosed and is lawful; these Terms do not shift MMM's own refund obligations to a provider.

For billing errors or refund questions, use the contact details in Section 19 and include the transaction reference. Do not send full payment-card information. Nothing here limits a lawful billing dispute, chargeback, or statutory remedy.

Donations and Recurring Gifts

Donations support MMM's charitable purposes. Undesignated gifts may be used for those purposes where needed. Restrictions arising from a campaign, gift agreement, or other legally binding designation will be honored. These Terms do not convert a restricted gift into an unrestricted one or authorize MMM to disregard donor intent. If a restricted purpose becomes impracticable, MMM will address the restriction through a legally permitted process.

Completed donations are generally final, subject to applicable law and any disclosed campaign terms. Contact MMM promptly about an error, duplicate charge, or suspected unauthorized payment. We will review the request and process corrections or refunds where appropriate or legally required. This policy does not impose a shorter deadline for exercising legal or payment-provider rights.

If recurring donations are offered, the amount, frequency, start date, and cancellation method must be disclosed before you separately authorize recurring charges. Future charges may be stopped using the disclosed method or by contacting MMM. We will stop charges we control after receiving cancellation and will not initiate a further charge; a payment already submitted for processing will be reviewed under the preceding paragraph. Cancelling future donations does not itself reverse a completed gift.

Tax deductibility depends on applicable law, the recipient's eligibility, any benefits received, and your circumstances. A payment for admission, merchandise, or sponsorship benefits is not automatically fully deductible. MMM will provide acknowledgments and disclosures as required by law but does not provide individual tax advice or guarantee a deduction. Additional charitable-solicitation notices appear with the applicable appeal or donation page.

Volunteer and Sponsorship Inquiries

Submitting an inquiry or application does not, by itself, guarantee selection, create employment, appoint you as an agent, authorize spending on MMM's behalf, or establish a sponsorship or partnership. Approved roles, reimbursements, commitments, and benefits should be documented separately by an authorized MMM representative.

Any screening will be conducted through an appropriate process with notices and permissions required by law. The legal status of work actually performed depends on the facts and applicable law, not solely on the label "volunteer" or these Website Terms. Nothing here waives wage, employment, discrimination, or other statutory rights.

Submissions, Privacy, and Media Permissions

Private inquiries. Contact forms, volunteer applications, donation records, accommodation requests, and similar private communications are not public-content submissions. Providing them does not give MMM permission to publish them, use them as testimonials, or turn them into promotional materials. Their handling is described in the Privacy Policy and any applicable notice or consent.

Content intentionally offered for publication. If you intentionally provide a photograph, video, story, testimonial, or other work through a process that clearly requests content for publication and you accept the stated content-use permission, you retain ownership and grant MMM a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, and reasonably format that work solely for the purposes disclosed in that process. MMM may allow its service providers to perform those uses on its behalf, but not for their independent purposes. Edits must not materially misrepresent your meaning or endorsement.

You must hold the rights needed for the agreed use and obtain any required permissions from other rights holders and identifiable people. A copyright license does not, by itself, authorize use of another person's name, image, likeness, or voice. MMM will obtain separate written publicity consent where required, including appropriate parent or guardian consent for minors. Simply visiting the Website or attending an event does not grant a publicity release.

You may request that MMM stop future use by contacting us. Subject to applicable law and any separate agreement, MMM will stop new promotional uses and remove content from channels it controls within a reasonable period. Already distributed print materials, independent third-party reposts, and lawful archival or legal records may not be fully retrievable. This does not limit any stronger deletion or withdrawal right provided by law. MMM may decline or remove submitted content.

Intellectual Property and Sharing

Website content is owned by MMM, its contributors, or other rights holders. Subject to these Terms and any content-specific notice, MMM permits you to view, download, print, and share MMM-authorized public event flyers and informational materials for personal, noncommercial community purposes, with attribution and without misleading alterations. This permission extends only to rights MMM can grant.

Other exploitation of protected content requires the applicable rights holder's permission unless the law permits it. No permission is granted to impersonate MMM, sell its branding, or imply endorsement. Fair use, other statutory exceptions, and rights in public-domain material remain unaffected.

Third-Party Websites and Services

The Website may link to or embed third-party maps, forms, ticketing, payments, videos, social media, and partner resources. Those providers may have their own terms and privacy practices, which you should review before use. A link does not necessarily indicate endorsement.

MMM does not warrant independently operated third-party content or services. However, using a provider does not disclaim MMM's own contractual obligations, responsibility for its own conduct, or legal duties concerning provider selection, data protection, payments, or refunds.

Privacy and Communications

The Privacy Policy at [PRIVACY POLICY URL] describes MMM's actual collection, use, sharing, retention, and protection of personal information and applicable choices. It is a separate notice and does not authorize uses that require additional consent. In a conflict concerning personal information, applicable law and any valid, specific privacy consent control; these Terms do not reduce privacy rights or excuse compliance with published privacy commitments.

MMM may respond to your inquiries and send communications reasonably needed for a transaction or program you requested. Acceptance of these Terms is not consent to promotional emails or texts, optional tracking, or public donor recognition. Any necessary permissions will be requested separately, with applicable choices and withdrawal methods. Do not submit Social Security numbers, full payment-card information, or sensitive medical records through general contact forms.

Website Disclaimers

Subject to the exceptions below, the Website and its general informational content are provided "as is" and "as available." To the extent permitted by law, MMM disclaims implied warranties of merchantability, fitness for a particular purpose, and noninfringement for the Website. We do not promise uninterrupted access, an error-free Website, or that every resource will remain current.

General educational, wellness, and community information is not individualized medical, legal, financial, or other professional advice. Obtain appropriate advice for your circumstances. The Website is not an emergency-response service.

These disclaimers do not override an express commitment MMM makes in an accepted transaction, excuse fraud or misleading statements, or exclude duties and warranties that the law does not allow to be excluded. They do not excuse legally required security measures or breach notices.

Website Liability and Preserved Rights

Subject to this section's exceptions and only to the extent permitted by law, MMM and its directors, officers, employees, and volunteers acting for MMM are not liable for indirect, incidental, special, or consequential losses arising solely from your use of, or inability to use, the Website. This exclusion applies regardless of the legal theory asserted, but only where the law permits the exclusion for that claim.

Sections 12–14 do not exclude or limit liability for fraud, intentional or reckless misconduct, gross negligence, death or personal injury, unlawful misuse of personal information, or any liability or remedy that cannot lawfully be excluded. They do not reduce a refund owed, relieve MMM of an accepted gift restriction, or waive protected consumer, privacy, employment, or accessibility rights.

This section concerns the Website, not a release of claims arising from in-person programs. It does not impose a fixed dollar cap on recoverable direct damages. No provision requires you to give up a legally protected right to report a concern or seek relief from a government agency.

Limited Third-Party Indemnification

To the extent permitted by law, an adult or organization that validly accepts these Terms will reimburse MMM for reasonable, documented losses, liabilities, and legal costs payable to or incurred in defending an unaffiliated third party's claim, but only to the extent caused by that user's knowing unlawful misuse of the Website or submission of material the user knew infringed the third party's rights.

This obligation does not cover MMM's own negligence, misconduct, unlawful data handling, edits or uses outside the granted permission, or a direct dispute between MMM and the user. It does not shift MMM's legal fees for enforcing these Terms, and it does not apply to a minor merely because an adult registered that minor.

MMM must give prompt notice of the claim, allow reasonable participation in the defense, and take reasonable steps to mitigate loss. Delayed notice reduces the obligation to the extent it prejudices the defense. Neither party may settle a covered claim in a way that imposes liability, an admission, or another obligation on the other without that party's written consent, not to be unreasonably withheld.

Copyright and Other Rights Concerns

If you believe Website material infringes your rights, contact MMM with your contact information, a description of the protected work or right, the specific material and its URL, and the basis of your concern. Provide only information needed to assess the claim. We may request additional information and restrict or remove material while investigating.

This contact procedure is not a representation that MMM has registered a Digital Millennium Copyright Act agent or qualifies for a statutory safe harbor. If a separate DMCA notice-and-counter-notice policy is adopted, the Website will identify that procedure and the designated agent.

Changes to These Terms

We may propose updated Terms and post the revised text and effective date. For material changes affecting an existing agreement, we will provide reasonable advance notice through a prominent Website notice and, where practicable, a direct message to affected users whose contact details we hold. We will obtain renewed affirmative acceptance where required for the change to bind you. Posting alone does not create consent where assent is required.

Changes apply prospectively. They do not retroactively alter a completed transaction, accepted gift restriction, existing claim, or previously agreed dispute terms without a valid separate agreement. If you decline a change, we may discontinue a feature that requires the new agreement, subject to existing commitments and any refund rights. Changes required by law may take effect on the legally required date.

Governing Law and Disputes

New York law and applicable federal law govern these Terms, except that a choice of law cannot deprive you of nonwaivable protections that apply where you live.

Subject to those protections and a court's jurisdiction, a dispute arising from these Terms or the Website will be brought in the state courts in New York County or the federal courts in the Southern District of New York. This does not prevent a claim in a small-claims court with jurisdiction, a legally protected local forum, a government complaint, or an application for urgent relief in a court with jurisdiction.

You are welcome to contact MMM to try to resolve a concern informally, but doing so is not a prerequisite to legal action and does not suspend any legal deadline. These Terms do not require arbitration, waive a jury trial or class participation, or shorten a statutory filing period.

Relationship to Other Agreements and Severability

These Terms and any additional terms presented and validly accepted for a specific online feature govern that feature. A separately accepted event, volunteer, sponsorship, or gift agreement controls its subject matter in an actual conflict, subject to applicable law. The Privacy Policy remains the notice described in Section 11; these Terms do not erase its commitments or separately granted privacy choices. Advertising and other representations remain subject to applicable law.

If a provision is unenforceable, it will be severed to the extent permitted by law without rewriting it to impose a broader restriction, and the remainder will continue where legally possible. Failure to enforce a provision is not a permanent waiver. Rights and obligations that by their nature must survive termination—including accrued payment obligations, lawful content permissions, and the applicable dispute and liability provisions—survive only to their stated extent and subject to preserved legal rights.

Contact Us

Marcus Meets Malcolm / 120 MARCUS MEETS MALCOLM INC.

Website: https://www.120mmm.org/

Email: info@120mmm.org

Mailing address: 79 BEAUFORT PLACE, NEW ROCHELLE, NY, UNITED STATES, 10801

Contact form: https://www.120mmm.org/contact

Use these details for Terms questions, billing issues, privacy concerns, media-use requests, or accessibility assistance. A Website message does not constitute formal service of legal process unless MMM expressly agrees or applicable law provides otherwise.

Publication Checklist — Not for the Website

Drafting guidance for MMM and its New York counsel. This is a strengthened working draft, not a legal opinion or a guarantee of enforceability. It was prepared from the supplied text and the sources below. MMM's incorporation, tax status, actual website, vendor contracts, consent screens, insurance, and operational practices have not been verified. Do not publish until the placeholders, policy choices, and implementation items are resolved. Publish only the Terms portion, after removing its review-draft label; keep this checklist internal.

Confirm the Entity and Scope

Insert the precise legal entity, authorized public-facing name, website address, monitored email, and business mailing address. Confirm the organization's authority to adopt these Terms. Do not add an EIN, 501(c)(3) claim, registration claim, or government affiliation without verifying it. If a fiscal sponsor is the legal donation recipient, identify that arrangement accurately at checkout. Confirm which embedded and off-site forms can actually present MMM's Terms.

Make Acceptance Provable

Use a conspicuous, accessible link next to an unchecked acceptance box before an adult registers, pays, donates, applies, or submits publishable content. Suggested label: "I am at least 18 and agree to the Terms of Use." Link the actual current Terms; do not precheck the box. Present the Privacy Policy nearby as a notice, not blanket consent. Record the accepted version, timestamp, relevant submission or transaction, and consent wording using proportionate data collection and a documented retention policy. Keep dated copies and mobile/desktop screenshots. This is a drafting recommendation based on the notice-and-assent analysis in Starke v. SquareTrade, 913 F.3d 279 (2d Cir. 2019), court opinion, not a guarantee that a particular implementation is enforceable.

Approve Refund and Recurring-Donation Operations

Section 5 proposes refunding admission and mandatory fees MMM collected when MMM cancels without providing the event. Approve that commitment, confirm who collects each fee, and set a refund-processing timeline before launch. Add a clear rescheduling and participant-cancellation policy to each paid event before sale. Do not retain fees merely because a platform labels them nonrefundable. Where applicable, New York Arts and Cultural Affairs Law § 25.07 requires all-in ticket-price disclosure; its ticket-resale refund provision is not a universal rule for every original ticket sale. Confirm the rules applicable to MMM's role. If recurring gifts are not offered, remove that paragraph. If offered, test separate authorization, cancellation, and handling of already-submitted charges.

Complete Fundraising Compliance Outside These Terms

Verify registration or exemption, reporting status, campaign restrictions, and any out-of-state solicitation requirements. Add the notices applicable to MMM's status directly to appeals and donation pages; a general Terms link is not a substitute. New York Executive Law § 174-b addresses program descriptions, Attorney General contact information, and status-dependent financial-report notices. Confirm current agency contact details before inserting notice text. Do not claim reports exist without checking. N-PCL § 555 illustrates why covered gift restrictions need a lawful modification process, not blanket website discretion. Establish receipts: donors generally need qualifying acknowledgments for deductions of $250 or more; charities generally must provide disclosures for quid-pro-quo payments over $75, subject to exceptions. See IRS acknowledgments and IRS quid-pro-quo disclosures.

Review Events, Insurance, and Liability Separately

Have counsel and the insurer assess each activity, especially fitness, food, performances, volunteers, and minors, alongside permits, vendor agreements, accessibility, and emergency arrangements. Separate waivers are not automatically valid: New York General Obligations Law § 5-326 can invalidate negligence releases at covered fee-charging recreation or amusement facilities. Ask counsel about the rules for the particular program and any child-related release. Sections 12–14 intentionally preserve specified serious-conduct and statutory claims; compare Matter of Part 60 Put-Back Litigation (N.Y. 2020). No fixed damages cap, mandatory arbitration, jury waiver, or class waiver has been added; those need a deliberate legal and operational decision.

Separate Media Permissions from Private Forms

Use a distinct content-use permission for material offered for publication and a separate, specific publicity release where needed. Confirm the intended channels, duration, editing rights, withdrawal process, and releases for recognizable people, including minors. New York Civil Rights Law §§ 50 and 51 address written consent for covered advertising or trade uses. Do not assume event attendance, a copyright license, or submitting a volunteer form grants those rights. If public uploads or comments are enabled, assess copyright moderation, a registered DMCA agent, and the additional conditions for any desired safe harbor; Section 15 alone does not establish one.

Align Privacy and Youth Practices

Publish a Privacy Policy based on the actual hosting platform, forms, analytics, pixels, payment processors, videos, and mailing tools. Inventory recipients, collection purposes, retention, access controls, withdrawal options, and incident-response duties. See New York data-security requirements, GBL § 899-bb. The proposed adult-only transaction flow does not by itself resolve children's privacy. Have counsel assess the New York Child Data Protection Act's covered-user definition and processing restrictions, including known minor users and youth-directed pages. Also assess COPPA and embedded commercial providers: the FTC explains that many nonprofits are generally outside COPPA, but the analysis depends on the operator and activities. See FTC COPPA FAQs, especially B.5. Do not treat the Terms as consent to tracking or marketing.

Final Approval and Maintenance

Confirm that the proposed content-withdrawal, update-notice, billing, and contact processes can be followed. Test links and all relevant screens on mobile and with accessibility tools. Keep the approved version and acceptance evidence. Obtain New York counsel's review of enforceability, current authority, and the completed implementation before publication; this source review is not a comprehensive legal audit or case-history check. Revisit the Terms when programs, vendors, fundraising, privacy practices, or law materially change.