Dave Bradley

Legal

Website Terms of Use

PLEASE REVIEW BEFORE USING THIS WEBSITE - IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

General Description

Welcome to the website of Photo Nights Boston, Inc. (“PNB”). The principle purposes of PNB are to (a) celebrate the power of photography and to engage the human spirit of public art by promoting public photographic art in the City of Boston and (b) conduct programs and develop other means by which PNB can pursue the aforementioned purposes (collectively, the “Services”), including through our website available at http://photonightsboston.com (the “Site”). To provide the Services, we have to set out some ground rules for using the Site in this document (the “Terms”). By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by the Terms.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PNB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL PNB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF PNB, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

Account

Registration

To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with PNB (“PNB Account”). You represent and warrant that all information provided by you to PNB is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security
As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and PNB Account(s). You understand and agree that you are fully responsible for all actions and postings made from your PNB Account(s). Any accounts you create are not transferrable. You agree to notify the PNB immediately if you become aware of any unauthorized use of your PNB Account(s).

Privacy
PNB respects the privacy of our users. The Privacy Notice is expressly incorporated herein by reference and made a part of these Terms.

Termination
PNB reserves the right to terminate your PNB Account(s) or restrict access to your PNB Account(s), or to delete any content posted through your PNB Account(s), with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Browsing

You understand that certain material made available by PNB is a product of a community effort and does not necessarily represent the views of PNB. PNB assumes no responsibility for the accuracy, suitability, or completeness of any content provided.

Linking
You understand that PNB does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that PNB endorses or is affiliated with any third-party website. You agree that PNB bears no responsibility or liability for any content accessed or harm caused from any third-party website.

Acts Against the Site/Services
You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:

(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;

(b) causing, allowing, or assisting any other person to use your PNB Account(s) or impersonate you;

(d) logging onto a server or PNB Account(s) that you are not authorized to access;

(e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;

(f) emulating or faking usage of the Site or Services;

(g) violating or attempting to violate any security features of the Site;

(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site;

(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services;

(j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site;

(k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of PNB;

(l) tampering with the operation, functionality, or the security of the Site or Services;

(m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected;

(n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures;

(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services;

(p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means;

(q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services;

(r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and

(s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.

Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, PNB hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).

Content

Content contributed to the Site should be relevant to the subject scope of PNB. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

PNB does not pre-screen or regularly review any contributed content, but PNB has the right (though not the obligation) to remove, without notice, any content posted which PNB considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. PNB may terminate any PNB Account, with or without notice, for posting such content.

License to PNB Applicable to Contributed Content
By posting or contributing content to the Site using these Services, you are granting PNB a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, and/or for educational or other non-commercial purposes, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of PNB's license rights to others.

User Representations and Warranties
By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Policy, Notice and Takedown Procedure for further information.

Indemnities
You acknowledge and agree to indemnify and hold PNB, its affiliates, directors, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your PNB Account(s), of any intellectual property or other right of any person or entity.

Other Terms

Modifications
PNB reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.

Termination of Service
PNB disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. PNB reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.

Scope of Terms
The Terms apply to use of and contribution to the Site and any account provided therefore. PNB may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms
Failure of PNB to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement
These Terms, and all matters relating to, arising out of or in connection herewith, including but not limited to matters of validity, construction, effect, performance and remedies, shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict of law that may cause the laws of any other jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts located in the City of Boston in the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Effective Date: October 4, 2012.