Certain components, portions, features, or services available on the Site may, now or in the future, only be accessible and used after registration and creation of an account. When creating your account, you must provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is deceptive, untrue, inaccurate, or incomplete, or if GBH has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, GBH has the right to suspend or terminate your account and access to the Site. You will either select your own password and login name or you will receive a password and login name. You are responsible for maintaining the confidentiality of your password and login name, and are solely responsible for all activities that occur with your password and login name. You must immediately notify GBH of any unauthorized use of your account or any other breach of security. GBH will not be liable for any losses (including your or third party losses) caused by any unauthorized use of your account. You are responsible for obtaining access to the Site, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
B. Restrictions on Use of Site and Content
You must be at least eighteen (18) years of age or an emancipated minor to register for the Site; to submit any User Generated Content (defined below) or personally identifying information on or through the Site; or to make a donation through the Site. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
Non-commercial, Personal Use Only. This Site and the Content therein may be used for bona fide personal, non-commercial purposes only. You may not use this Content in a defamatory, derogatory or offensive manner. In addition, you may not use the Content for or in any commercial or for-profit manner without the prior written consent of GBH. For clarity, this means the Content may not be used in any commercial tie-in (e.g. use of the Content in connection with marketing merchandise or services and/or in connection with premiums or promotions, or use of the Site or Content in order to gain advertising or subscription revenue), you may not charge anyone for the Content (e.g. charge for access to the Site or Content from another site), you may not incorporate the Content into a product that you sell or exchange in return for consideration of any kind (e.g. selling ads on another site targeted to the Site or Content), you may not use the Content to advertise or promote a product, nor may you use the Content in any other manner that may be construed as an endorsement, express or implied, of any person, party, product, or other entity.
You may not remove, copy, alter, reproduce, modify, create derivative works of, republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Content or this Site, except as expressly permitted by these Terms, the functionality of the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such Content, provided that you include without modification all copyright and other proprietary notices contained in the Content.
You may not circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. blogs, discussion boards, comments, questions and answers) for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
You may not use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives.
You may copy and download only the Content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You understand that when using the Site, you will be exposed to User Generated Content (defined below) from a variety of sources, and that GBH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. Though GBH expects all users to adhere to our Terms and content policies, you understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GBH and our affiliates with respect thereto, and agree to defend, indemnify and hold GBH, and its affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
GBH reserves all rights not expressly granted in and to the Site and the Content and may assign all rights herein to third parties.
C. User Generated Content:
This Site may now or in the future permit the submission of data, video, audio, images, textual content or other content submitted by you and other users (“User Generated Content”) and the hosting, sharing and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, GBH does not guarantee confidentiality with respect to any such User Generated Content. You acknowledge that User Generated Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by GBH staff and on the Internet by the general public. You acknowledge that the Site, including its features, is for public and not private communications.
You shall be solely responsible for your own User Generated Content and the consequences of GBH posting, publishing or otherwise distributing them. By submitting your User Generated Content to the Site, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize GBH to use all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Generated Content to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (iii) the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Generated Content in the manner contemplated by the Site and these Terms; (iv) the User Generated Content does not in any way violate any laws, rules or regulations, (v) the User Generated Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; (vi) the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever; (vii) the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity; and (viii) you have not received payment or consideration of any kind for submitting the User Generated Content to GBH or the Site.
Unless you enter into a separate written agreement with GBH, GBH does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to GBH, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant GBH and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, unconditional, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of, publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Generated Content in any and all media formats and channels, including, but not limited to, the Site (including the advertisement and promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant GBH and its licensees the right to contact you in connection with your User Generated Content and to use your name, city and state or province, and other information that you have provided in connection with the User Generated Content. You also hereby grant each user of the Site a non-exclusive license to access your publicly available User Generated Content only through the Site. Password protected User Generated Content will not be made publicly available.
In connection with your User Generated Content, you further agree that you will not upload content, or distribute anything that may be harmful to minors or that violates these Terms.
GBH does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and GBH expressly disclaims any and all liability in connection with User Generated Content. Opinions on the Site are not to be construed as assertions of fact.
By uploading User Generated Content, you are consenting to its display through the Site and for related promotional purposes.
You acknowledge that GBH reserves the right to screen, refuse to post, remove or edit User Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Generated Content, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Generated Content, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Generated Content.
GBH may terminate your access to the Site for uploading material in violation of these Terms, at any time, without prior notice and in its sole discretion.
D. Removal of Content
GBH does not permit the infringement of intellectual property rights, including copyright, on its Site, and GBH will remove Content (including User Generated Content) if properly notified that such Content infringes on another’s intellectual property rights. GBH reserves the right to remove Content, including User Generated Content without prior notice.
GBH reserves the right to change or discontinue temporarily or permanently any Content, or services available through the Site at any time without notice. GBH will not be liable to you or any third party for any modification or discontinuance of the services therein.
Some of the Content on the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on this Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
All rights, including copyright and database right, in this Site and its Content (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials) are owned by or licensed to GBH, or otherwise used by GBH as permitted by applicable law or agreement. In the case of User Generated Content, the contents are licensed to GBH by the user as set forth herein.
All trademarks, service marks, and trade names are proprietary to GBH, unless otherwise noted, in which case they are the trademarks, service marks, and/or trade names of the respective owner as indicated by the mark, as the case may be. All rights are reserved by the respective owners. You may not use any GBH-provided service marks, logos or graphics, without GBH’s prior written consent, except that you shall have the right, and obligation, to use any GBH or other content provider service mark or logo included in, or required to be used in connection with, Content or other functionalities of the Site, subject to the requirements set forth in these Terms for the use of the Content or other functionalities of the Site.
H. Users’ Obligation to Abide By Applicable Law
In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Content and materials available on the Site includes intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
I. Notification of Copyright Infringement
1. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification to GBH’s Designated Agent pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). All notifications of claimed copyright infringement should be forwarded to our Designated Agent: Eric Brass, One Guest Street, Boston, MA 02135, fax: 617–300-1014, email: email@example.com.
According to Section 512 (c)(3)(a), any copyright infringement notification must include:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above requirements, your notice may not be valid pursuant to the DMCA.
2. Counter-Notice. If any of your User Generated Content has been removed or disabled because of a matter of possible copyright infringement, and you believe that your Content is not infringing or that you have the authorization from the copyright owner or the copyright owner’s agent, you may send a counter-notice containing the following information to the Designated Agent:
a. A physical or electronic signature of the subscriber.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for Boston, Massachusetts for the resolution of any copyright or other claims arising out of your use of the Site or under the Terms, and a statement that you accept service of process from the person who provided notification of the alleged infringement.
J. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of GBH may, in the course of their regular duties, have access to communications required by law.
K. Rogue Programming and Viruses
GBH is not responsible for any computer virus, trojan horse, time bomb, worm, or any other rogue programming (“Rogue Programming”) that may be contained in any of the Content (including User Generated Content), material or software contained on the Site. GBH has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Content (including User Generated Content) on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.
L. Content of Information
You are responsible for the content of any information you put on the Site. GBH has no obligation to, and does not in the normal course, monitor, prescreen or control any User Generated Content that is or becomes available on the Site. GBH reserves the right to review any User Generated Content that is or becomes available on the Site. GBH also reserves the right to refuse to post, to redact, edit or to move or remove any User Generated Content that is, in GBH’s sole discretion, unacceptable, undesirable, or in violation of these Terms. However, GBH has no obligation to exercise such reservations of rights by GBH and is not responsible for any failure or delay in removing such material.
M. Disclaimer of Warranties
The Site, the Content and other material on the Site are provided on an “As Is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. GBH does not warrant that any Content is complete or accurate, that the Site will be uninterrupted or error free, or that any Content or material is free of Rogue Programming.
N. Limitation of Damages
Under no circumstance, including negligence or any other legal theory, shall GBH be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on Content available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of Content, disclosure of communications, or any other failure of performance.
O. Release and Indemnity
Though GBH expects all users to adhere to our content policies in these Terms, you may be exposed to content that violates our policies or is otherwise offensive through the use of the Site. Your use of the Site is at your own risk. You agree that GBH is not liable for content that is provided by others. We take no responsibility for your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect GBH’s beliefs or editorial positions. You hereby release and waive any and all claims, causes of action and/or liability against GBH arising from or in connection with your use of the Site, the Content and/or any other material on the Site. You also agree to defend, indemnify, and hold harmless GBH and its trustees, officers and employees from and against any and all causes of action, claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Site, your provision of User Generated Content to or on the Site, or failure to abide by applicable law or these Terms.
These Terms will be governed by and interpreted in the English language pursuant to the laws of the Commonwealth of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from these Terms and shall not effect the validity and enforceability of any remaining provisions. You expressly agree that any dispute arising under these Terms shall be brought solely and exclusively before the state or federal courts located in Massachusetts and you waive any claim that this forum is or may be inconvenient or improper.
S. International Users
The Site is controlled and operated within the United States. GBH makes no representation that Content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.