Boston 4 Celebrations Foundation, Inc. (“B4”) maintains and makes available the website for your use and enjoyment.
1.1 This Agreement governs your use of this web site (www.july4th.org) (the “Website”) and its associated services, including any photo or video areas, interactive chat and/or forum discussion areas (the "Interactive Areas"), which are owned and operated by B4.
1.2 B4 reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Website. Your use of the Website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by B4 as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Website and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Website contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of B4 or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Users of the Website may use the Content only for their personal, noncommercial use. Users wanting to use the Content for commercial use must obtain prior express written permission of B4.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Subject to the provisions of this Agreement, you may post on the Website any Content owned by you (such as your original statements, photos or videos), Content for which you have received express permission from the owner, and Content in the public domain. You assume all right and responsibility for determining whether any Content is in the public domain. You grant to B4 the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Website without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of B4 or the owners of such Content or their authorized persons if other than B4.
3. Submitting/Using Content.
3.1 By posting or submitting Content on or to our Website (regardless of the form or medium with respect to such Content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such Content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Content, and to distribute such Content and use such Content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
3.3 You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our Content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) 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 (f) 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.
Our Copyright Agent can be reached as follows: By mail: Boston 4 Celebrations Website / Attn: Copyright Agent / 222 Berkeley Street/ Boston, MA 02116
By phone: (617) 267-3000
By fax: (617) 267-3303
By email: firstname.lastname@example.org
4. Managing Content. B4 does not and cannot review all of the Content posted by users on the Website and is not responsible for such Content. However, B4 reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you, or submitted to B4 for posting. B4 shall have the right but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 B4 does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of B4 or its advertisers or sponsors.
5.2 The Website may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that B4 is not responsible for the availability of, or the Content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold B4 and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "B4 Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any B4 Parties in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. B4 reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with B4’s defense of such claim.
7. Termination of Service. B4 reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, including the Interactive Areas, at any time for any reason without prior notice or liability. B4 may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER B4 NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES B4, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. THE WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER B4, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE. NEITHER B4 NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER B4 NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF B4, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. MISCELLANEOUS. This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Boston, Massachusetts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions that by their terms or sense are intended to survive.