TERMS OF USE

New Center for Arts and Culture

YOUR ACCEPTANCE
By using this site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use the Site. New Center for Arts and Culture (“New Center”) reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

GENERAL
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of New Center or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

While we make reasonable efforts to provide accurate and timely information about New Center on the Site, you should not assume that the information provided is always up to date or that the Site contains all the relevant information available about New Center.

THIRD PARTY SITES
The Site may link you to other web sites on the Internet. These other web sites may not be under the control of New Center, and you acknowledge that New Center is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of sites that are not under the control of New Center. The inclusion of such a link does not imply endorsement of the site by New Center or any association between New Center and the operators of such other site.

LINKING TO THE SITE
Generally, New Center does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify New Center as the source of information displayed and preserve the integrity of New Center web pages without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

PROPRIETARY RIGHTS
You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof (collectively, “Protected Material”), are protected by copyrights, trademarks, service marks or other proprietary rights and laws. New Center expressly prohibits the copying of any Protected Material on the Site, except for the purposes of fair use as defined in the copyright laws.

FAIR USE PERMITTED
Fair use of copyrighted material may include the use of Protected Material for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download Protected Material from the Site for such uses are welcome to do so without New CenterÕs express permission. However, some content may have been published on the Site with the permission of the relevant copyright owners (who are not New Center). All rights in such content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.

Users must cite the author and source of Protected Material as they would material from any printed work; the citation should include the URL “http://www.ncacboston.org”. By downloading, printing, or otherwise using Protected Material from the Site, whether accessed directly from the Site or via other sites or mechanisms, users agree that they will limit their use of Protected Material to fair use as defined by law, and will not violate New CenterÕs or any other party’s proprietary rights in connection in connection with such use. You acknowledge and agree that the unauthorized use of the Protected Material could cause irreparable harm to New Center and that in the event of such unauthorized use, New Center shall be entitled to an injunction in addition to any other remedies available at law or in equity.

COMMERCIAL USE RESTRICTED
Unauthorized publication or exploitation of Protected Material is specifically prohibited. Anyone wishing to use Protected Material for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission from New Center. All such requests should be addressed directly to:

New Center for Arts and Culture
18 Tremont Street, Suite 308
Boston, MA 02108
Phone: (617) 531-4610
Facsimile: (617) 531-4611
Email. Contact NCAC

USER CONTENT
Some of the content displayed on the Site may be generated by users of the Site over whom New Center exercises no control (“User Content”). You may find User Content objectionable, inappropriate, or offensive. New Center disavows responsibility for User Content to the extent permitted by law, and has no obligation to screen User Content in advance. New Center may in its sole discretion remove or alter any User Content which it deems not to conform to these Terms of Use, or take any other actions with respect to User Content. New Center has no liability or responsibility to users for performance or nonperformance of such activities.

FEEDBACK AND SUBMISSIONS
You agree that you are and shall remain solely responsible for the contents of any submissions you make, and that you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary right(s).

From time to time, the Site may provide you an opportunity to communicate with New Center. Please be aware that any communication to New Center through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post, including any User Content, becomes the property of New Center, or its affiliates, and New Center is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

TERMINATION
New Center reserves the right, in its sole discretion, to terminate your access to all or part of the Site and/or to remove any content from the Site, with or without notice. You agree that New Center shall not be liable to you or any third party for any termination of your access to the Site or for removal of content from the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to New Center:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send such notice to:

New Center for Arts and Culture
18 Tremont Street, Suite 308
Boston, MA 02108
Phone: (617) 531-4610
Facsimile: (617) 531-4611

Counter-Notice
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright ownerÕs agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to New Center:

  • Your electronic or physical signature;
  • A description of the content that has been removed or to which access has been disabled;
  • A description of where the allegedly infringing material is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright ownerÕs agent, or pursuant to the law to post and use the content in your User Submission.

Please send such notice to:

New Center for Arts and Culture
18 Tremont Street, Suite 308
Boston, MA 02108
Phone: (617) 531-4610
Facsimile: (617) 531-4611

If a counter-notice is received by New Center, New Center may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at New CenterÕs sole discretion.

DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEW CENTER DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL NEW CENTER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NEW CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES NEW CENTER SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless New Center and its affiliates and their respective employees, contractors, officers, directors and advisors from all liabilities, claims, and expenses, including attorneysÕ fees, that arise from your use or misuse of the Site. New Center reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with New Center in asserting any available defenses.

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

INTERNATIONAL USE
New Center makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use, together with New CenterÕs Privacy Policy, constitute the entire agreement between you and New Center with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and New Center with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.