TERMS OF USE

By using the ProArts Connect web site (the "Website") you acknowledge that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete all or portions of these Terms of Use at any time without further notice. Any material changes to these Terms of Use, along with the effective date of such changes, will be posted on the Website home page. Your continued use of the Website subsequent to the posting of any such changes shall constitute your acceptance of such changes and modifications to these Terms of Use. If you object to any of these Terms of Use, or otherwise become dissatisfied with the Website for any reason, you have the right to choose not to use or access the Website and you may also terminate your registration with the Website. As a user of the Website, it shall be your responsibility to regularly review these Terms of Use.

ELIGIBILITY AND REGISTRATION

The ProArts Consortium hereby grants you permission to use the Website provided, however, that in order for you to register with ProArts Connect and use the Website, you must have a school-affiliated e-mail address from one of the member schools: Berklee College of Music, Boston Architectural College, The Boston Conservatory, Emerson College, Massachusetts College of Art and Design, or the School of the Museum of Fine Arts, Boston. In order to use the features of the Website, you will be required to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on, and content of, your account, and you are solely responsible for keeping your account password secure. Please notify info@proartsconnect.org in the event of any breach of security or unauthorized use of your account. The ProArts Consortium shall not be liable to you or any third party for any loss incurred as a result of the unauthorized use of your account.

USE OF THE WEBSITE

Your use of the Website shall be for your personal, non-commercial use only and shall be subject to all applicable federal, state, local and international laws and regulations. In addition, in connection with your use of the Website, you shall not: (i) intimidate or harass any person; (ii) interfere or attempt to interfere with the use of the Website by any other person; (iii) falsely state or otherwise misrepresent yourself or your affiliation with any other person or entity; (iv) use any content that is pornographic or sexually explicit in nature; (v) use any content that we deem to be harmful, abusive, harassing, threatening, vulgar, obscene, profane, defamatory, libelous, hateful, racially or ethnically objectionable or otherwise inappropriate; (vi) use any portion of the Website for transmitting, posting or otherwise making available messages that are harmful to minors in any way; (vii) use the Website in any manner to promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use or gang affiliation; (viii) use any materials that will in any way violate or infringe upon the rights of any third party, including, copyright, trademark, privacy or other personal or proprietary rights; (ix) harvest e-mail addresses or other account information for purposes of sending unsolicited e-mails or other unsolicited communications; (x) upload, post, e-mail, transmit or otherwise make available unauthorized promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xi) use the Website in any manner to transmit viruses, files or programs designed to interrupt, destroy or limit the function of any computer software or hardware, or create, or provide instructional information to create, any such disruptive or destructive materials; (xii) attempt to gain unauthorized access to ProArts Connect’s database or other computer systems; (xiii) engage in any activity that disrupts, impairs the functionality of, or diminishes the quality of, interferes with the performance of, the Website; (xiv) falsely represent that you are endorsed or sponsored by, or affiliated with, the Website; and (xv) use the Website, or any portion thereof, or services embodied therein, for any unlawful purpose. You shall be solely responsible for all submissions made by you on the Website and the consequences of posting, transmitting or publishing them. The ProArts Consortium shall have the right to review and remove any content which, in its sole discretion, it finds objectionable. ProArts reserves the right to monitor your use of the Website and if, in its sole discretion, it believes that your use of the Website is in violation of these Terms of Use, ProArts shall have the right to immediately deactivate your account and terminate your use of the Website, without notice. Further, ProArts shall have the right to require you to remedy such violation and may take such other actions it deems appropriate to enforce its rights hereunder and pursue all remedies available to it. ProArts further reserves the right to change, modify, alter, delete or remove all or a portion of its services at any time and from time to time, in its sole discretion.

PROPRIETARY AND OTHER INTELLECTUAL PROPERTY RIGHTS

Any information that you post on the ProArts Connect Website, shall be owned by you and ProArts is hereby granted a perpetual, worldwide, royalty-free right, title and license, with right to sublicense, to use your posted information in connection with the Website (www.proartsconnect.org) and related services. All content on the ProArts Connect Website other than your posted information, including, but not limited to, design, text, software, scripts, graphics, photos, sounds, music and other files and the trademarks, service marks and logos contained therein (collectively, “Content”), are owned by or licensed to ProArts and shall belong exclusively to ProArts and its licensors, and are subject to copyright and other intellectual property rights under United States and international laws. Such Content shall not be modified, copied, sold, licensed, distributed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or manner, in whole or in part, without the prior written consent of ProArts, which consent may be withheld in its sole discretion. You shall be permitted, however, to download or make a copy of such Content for your own personal, non-commercial use provided that you keep all copyright and other proprietary notices intact. ProArts respects the copyrights of others. The unauthorized copying, distribution or modification of the copyrighted works of another individual or entity constitutes copyright infringement and is illegal. If you are aware of any infringing materials on the Website, please contact us immediately and provide a description of the copyrighted work that you claim has been infringed, including where the material that you claim is infringing is located on the Web site. You should also provide: (i) your name, address and e-mail address, (ii) a statement that you have a good faith belief that such use is not authorized by the copyright owner or under applicable law, and (iii) a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the owner of the copyright described or authorized to act on behalf of such owner.

TERMINATION

In addition to the other rights and remedies of ProArts as provided herein, either party may terminate the use of the Website with or without cause, at any time, effective immediately, with or without notice to the other party. Proarts shall not be liable to you or any third party as a result of the termination of such use or services.

DISCLAIMERS

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND SERVICES PROVIDED BY THE PROARTS CONSORTIUM IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PROARTS, AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ProArts is not responsible for the actions or inactions of other Website users, or for the accuracy or completeness of any Content posted on the Website, or any sites linked to the Website. ProArts shall not be responsible for any interruptions of, or interference with, service, whether for scheduled maintenance or causes beyond its reasonable control, including, but not limited to, any bugs, viruses, errors, omissions, interruptions, deletions, defects, delays, communications line failures, service provider failures, technical failures, Internet traffic or congestion, theft or destruction, or unauthorized access to, or alteration of, any user communications. ProArts shall not be responsible for any unauthorized access to or use of its secure servers and/or any personal information stored therein. ProArts does not endorse or otherwise assume responsibility for any product or service advertised or offered by a third party through the Website.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROARTS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY PROARTS IN CONNECTION THEREWITH, EVEN IF PROARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROARTS' LIABILITY HEREUNDER EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO PROARTS FOR THE SERVICES PROVIDED HEREUNDER. THIS CLAUSE SHALL SURVIVE TERMINATION OF THE SERVICES AND WEBSITE.

You shall be solely responsible for the use or misuse of Your Content by you or any party other than ProArts and ProArts shall have no liability for the use or misuse of Your Content by you or any third party.

INDEMNIFICATION

You shall indemnify ProArts, its subsidiaries, affiliates, officers, directors, managers, members, employees, service providers, agents, suppliers, successors and assigns, from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, arising as a result of (i) your use of the Website in violation of these Terms of Use, (ii) the use or misuse by you or third parties (other than ProArts) of Your Content, and (iii) your violation of any applicable law or third party rights relating to your use of the Website.

GOVERNING LAW

Any dispute arising in connection with these Terms of Use or your use of the Website shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. You hereby agree that you shall submit to the exclusive jurisdiction and venue of the courts of Middlesex County in the Commonwealth of Massachusetts and waive all defenses of lack of personal jurisdiction and forum non conveniens. Notwithstanding any statue of limitations which may be in effect to the contrary, the parties agree that any claim hereunder shall be made within one (1) year from the date on which such cause of action arose, or such claim shall be forever barred.

MISCELLANEOUS

These Terms of Use constitute the entire agreement and understanding between you and ProArts with respect to your use of the Website and shall supersede all prior understandings and agreements, whether written or oral, regarding the use of the Website. The failure of ProArts to enforce any term or provision hereof, or any right or remedy set forth herein, shall not constitute a waiver or release thereof. In the event that any provision hereof is held to be invalid or unenforceable, such invalid provision shall be deemed stricken, and the remainder of these Terms of Use shall remain in full force and effect. Should you have any questions regarding these Terms of Use, please e-mail us at info@proartsconnect.org.