Terms and Conditions
prcboston.org – User Agreement – Updated March 2010
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN.
By accessing and using the Site, you accept and agree to be bound by these terms without modification, limitation or qualification. If you do not accept any of the terms stated herein, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. PRC may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will endeavor to post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the PRC Site after we post a change, whether we give advance notice or not, it means you agree to the new rules.
Online Privacy Statement
PRC reserves the right at any time and from time to time, to modify or discontinue the Site, temporarily or permanently, including modifying any and all features of the Site and any and all sections contained on it. PRC will attempt to give notice to registered users by posting to the Site, or by email if a user has requested email updates, and immediately in the event of technical difficulties. PRC shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Copyright – Use of Content
Access to and use of text, artwork, photographs and other files on the Site are subject to the following terms and conditions:
All Content on the Site is Protected by Copyright Laws
The Site, and all materials contained within the Site, including images, text, software, documentation, audio and video clips, are protected by copyright, trademark and other laws and may be covered by other restrictions as well. The PRC owns all rights to the Site and, except for those materials owned by others, it also owns the materials contained within the Site. PRC expressly prohibits the copying and distribution of any protected materials on the Site, except for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting in keeping with the fair use provisions of the US Copyright Act (17 U.S.C. §107). It is imperative that no one uses more copyrighted material than is necessary for uses permitted under the fair use provisions of the Copyright Act, and that no one interferes with any actual or potential market for copyrighted material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting in keeping with the fair use provisions of the US Copyright Act are welcome to do so without the express permission of PRC. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.PRCBoston.org” as well as the name and copyright information adjacent to any text or images.
A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected materials to fair use, will not violate the proprietary rights of PRC or any other party, and will be solely responsible for any violation or infringement of copyrights whether owned by the PRC or third parties.
Commercial Use is Prohibited
Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of files or images contained in the Site for commercial use or any purpose other than fair use as defined by the copyright laws, must request and receive prior written permission from PRC and, if necessary from the third parties that licensed the materials to PRC. All requests for permission to reproduce protected materials for commercial use should be addressed directly to firstname.lastname@example.org.
PRC and third parties own many of the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the “Trademarks”) displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of PRC or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in this User Agreement, is strictly prohibited. You agree not to use the name, Photographic Resource Center or the abbreviation, “PRC” or any other Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether the PRC is the source, sponsor, endorser or affiliated with any product or service. You also agree not to use the PRC’s name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our trademarks in any manner that disparages or discredits us or infringes or violates any of our rights.
Links, Frames and Metatags
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. PRC prefers advance notice of such linking, which can be provided by contacting PRC via email@example.com. You may not frame any content contained on the Site. You may not use PRC’s name or Trademarks in metatags, targeted advertising keywords (such as Google’s AdWords) or any other form of “hidden text” without our express written consent.
Links to Other Web Sites
The PRC Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. PRC has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk.
Disclaimers and Limitation of Liability
THE SITE, INCLUDING THE UNDERLYING SOFTWARE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.
NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless the PRC, its officers, board members, employees and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement or your use of the Site or any protected materials.
PRC Memberships are non-returnable.
Membership Fulfillment Information
You will receive a membership card, a welcome letter and a copy of the PRC quarterly newsletter, in the loupe. These materials will be mailed out first class within 7 business days of receiving your membership information and payment.
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.
This User Agreement is governed by the laws of the Commonwealth of Massachusetts applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of appropriate state and federal courts in Boston, Massachusetts and you agree to waive any jurisdictional and venue or inconvenient forum objections to such courts.
If any provision of this User Agreement is held to be invalid or unenforceable, that provision to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.