TERMS OF USE AND POLICIES
Purpose
The City of Boston Art Commission website (“Site”) provides access to this website free of charge to provide information about public art. We welcome visitors to the site, but please read the Terms of Use and Policies (“Terms”) carefully before using this Site. By accessing and browsing this Site, You accept, without limitation or qualification, the Terms and acknowledge full and complete acceptance of these terms.
Copyright
The images, data, audio and video clips, documentation, text, and other information (“Materials”) on this Site are protected by copyright and may be subject to other restrictions as well.
The Materials are made available for use only for limited, non-commercial, personal or educational use, or for fair use as defined in the United States copyright laws. In granting this limited permission, however, the City of Boston does not warrant or represent that use of the Materials displayed on the Site will not infringe on the rights of third parties not owned by or affiliated with the City of Boston. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than the City of Boston. Use of these images by You is prohibited unless specifically permitted by these Terms.
You may not use, modify, copy, display, publish, distribute, transmit, repost, or exploit for commercial or public purposes any protected Materials on the Site.
User Generated Content
1. The Site may now or in the future permit the submission of videos, images, textual content, or other content submitted by You and other users (“User Generated Content”) and the hosting, sharing, and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, the City of Boston does not guarantee confidentiality with respect to any such User Generated Content. You acknowledge that User Generated Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the City of Boston staff and on the Internet by the general public. You acknowledge that the Site, including its features, is for public and not private communications.
2. You shall be solely responsible for Your own User Generated Content and the consequences of the City of Boston posting, publishing, or otherwise distributing them.
By submitting Your User Generated Content to the Site, You affirm, represent, and/or warrant that:
(i) You shall not engage in, conduct, or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, ownership, invasion of privacy, infringement of moral rights, and rights of publicity, compensation, approval, or copyright. Furthermore, You shall not violate any law or treaty or intellectual property rights protected by law. You acknowledge that the Materials available on the Site include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties;
(ii) The User Generated Content does not in any way violate any laws, rules or regulations;
(iii) The User Generated Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability;
(iv) The User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever;
(v) The User Generated Content is not an endorsement, express or implied, of any party, product, or other entity; and
(vi) You have not received payment or consideration of any kind for submitting the User Generated Content to the City of Boston or to the Site.
3. By uploading User Generated Content, You are consenting to its display through the Site.
4. Unless You enter into a separate written agreement with the City of Boston, the City of Boston does not claim ownership in the User Generated Content You submit. You further grant the City of Boston the right to contact You in connection with Your User Generated Content and to use Your name, city, and state or province and other information that You have provided in connection with the User Generated Content.
5. In connection with Your User Generated Content, You further agree that You will not upload content or distribute anything that may be harmful to minors or that violates these Terms.
6. The City of Boston may terminate Your access to the Site for uploading material in violation of these Terms, at any time, without prior notice and in its sole discretion.
7. The City of Boston reserves the right to pre-screen and/or remove any content without prior notice and in its sole discretion if it is found in violation of these terms or otherwise inappropriate or objectionable. If the City of Boston has questions about Your User Generated Content, it has the right, but not the duty, to contact You for further information, including, for example, to verify that You own the copyright or otherwise have the rights to post the User Generated Content.
Indemnification
You agree to indemnify and hold the City of Boston and its officers, agents, and employees, harmless from all suits, claims or damages, including attorneys’ fees, against them or any of them arising out of or in connection with Your use of or operation of the Site, including, but not limited to, any claims of defamation, ownership, invasion of privacy, infringement of moral rights, and rights of publicity, compensation, approval, or copyright.
Third Party Links
This Site may provide links to, and may be linked from, local, state and federal government agencies, and from, or to, other websites. The City of Boston does not endorse, sponsor, or provide preferential treatment to any third-party websites or persons or other entities associated with third-party websites. The City of Boston does not control third-party websites and, therefore, does not warrant that third-party websites are accurate or reliable or have operational links. By selecting a link to a third-party website, users leave publicartboston.com and become subject to the terms of use, privacy, and security policies of the owners/sponsors/operators of the third-party website. By selecting a link to a third party website, users release the City of Boston from any liability for any injury to any person or property caused by the user’s or users’ accessing a third-party website via a link on the Boston Art Commission website.