Creative Education Foundation Terms of Use

CREATIVE EDUCATION FOUNDATION TERMS OF USE

Updated: January 15, 2020

This Website is owned and operated by Creative Education Foundation existing under the laws of the State of Massachusetts, United States (“CEF,” “we,” “us” etc.). These Terms of Use (“Terms”) are an agreement between CEF and you and govern your use of the Website and all information on or submitted through it.

You understand that your use of this Website, registration on the Website or use of this or any other CEF Websites, including online portal, electronic forms, surveys, presentations, programs, podcasts and pre-recorded workshops, research (collectively the “Website”), constitutes your agreement to these Terms, including but not limited to CEF’s PRIVACY POLICY (the “Privacy Policy”) as amended from time to time.

This Website is controlled by CEF from our offices in Scituate, Massachusetts. If you choose to access this Website from locations outside the United States you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything from this Website in violation of U.S. export laws, regulations or these Terms. 

PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OF USE OR IF THE LAWS IN YOUR JURISDICTION WILL NOT HONOR THEM. IN ADDITION USE OF THIS WEBSITE AFTER THE UPDATED DATE WILL CONSTITUTE YOUR CONSENT TO ANY AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE WEBSITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.

Users of this Website are predominantly employees or agents of entities, so references to “you” means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the “user” individually unless otherwise stated on the Website or in these Terms. Persons under 13 years of age are not authorized to use this Website.

  1. RESTRICTIONS ON USE OF CONTENT

This Website contains a variety of information, including, without limitation information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Website (“Content“). The Content on this Website is not available for downloading without CEF’s prior written authorization. If we have given you prior written authorization to specific Content on this Website, your downloading of this Content must be pursuant to these Terms (“Permitted Content“). YOU MAY REVIEW, DOWNLOAD, COPY, AND USE THE PERMITTED CONTENT ON THIS WEBSITE SOLELY FOR YOUR OWN USE OR THE USE OF YOUR EMPLOYER. YOU MAY NOT SELL THE PERMISSIBLE CONTENT OR DISTRIBUTE IT. YOU WILL NOT USE OR DISCLOSE IT OR THE WEBSITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.

  1. REGISTRATION

In order to access parts of this Website, you may have to complete a registration process or create a profile that will produce an account with a user name and password for you, which you agree to safeguard as confidential information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information, when appropriate, by contacting us. If you provide (or CEF has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, CEF may suspend or terminate your access or participation in a program, in addition to exercising all rights and remedies allowed by law.

  1. USER GENERATED CONTENT AND ACTIVITIES
    1. User Generated Content: In the event that you wish to provide Content to us through this Website, either by uploading a video, photograph or other information, or submitting comments, you agree to the following:
      1. represent and warrant that the Content is (a) your original work, and/or (b) you have all the necessary right, title, interest and license(s) to upload it and make it available to CEF and other users for download, distribution and use under these Terms without any violation by you, CEF, users or anyone else of any applicable license or restriction or law; and
      2. grant to CEF, its affiliates, successors and assigns, and each Website user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modify Content and make derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to:  (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of CEF, its users and the public.

  1. Rules of Conduct: You agree not to upload, post or otherwise transmit through the Website any Content or any other materials whatsoever that are:
    1. defamatory, obscene, invasive to another person’s privacy or protected data, or tortious;
    2. infringes anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity;
    3. contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
    4. violates any applicable license, law or contractual or fiduciary duty or provision.

In the event that CEF provides Content or assistance to you through this Website or otherwise, there is a possibility that the Content may be outdated or contain errors, inaccuracies, omissions, or problematic or defective functionality. YOU AGREE NOT TO RELY ON CEF’S CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake the duty to do so.

Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of CEF.

  1. Website Activities: This Website is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. CEF or Third Parties might make mistakes and we reserve the right to correct anything, including but not limited to Content or assistance on the Website. 
  1. PRIVACY POLICY

Our Privacy Policy is part of these Terms and is incorporated herein. Do not provide personal data about yourself or others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you are a parent or legal guardian or have obtained their explicit consent. 

  1. USER WARRANTY

This Website, including the Content, is protected by intellectual property laws and you agree to respect them. See section 17 of these Terms for more information about CEF’s trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent, see section 17 (D) of these Terms. We will terminate any account or right of access for infringement.

  1. USER LICENSE TO CEF

We hope that you will provide your Feedback (as defined below) so that we may better support our users. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to CEF in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to CEF. We define “Feedback” as all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide to us by using our Website, through Content provided directly or indirectly to CEF, or through Feedback, our social media platforms, chat room, surveys reports, bulletin board or otherwise.

As used above, “License to CEF” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to CEF to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback. The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private websites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Website or the Content. The License to CEF is in addition to any that you may be required to provide under any separate agreement between you and CEF.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless CEF, from and against any and all losses, damage, liability and costs of every nature incurred by CEF in connection with any claim, damage or loss related to or arising out of: the Content, use of the Website, Feedback, social media platforms, any services provided by CEF, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.

  1. NO WARRANTIES, CONDITIONS OR OTHER DUTIES

THIS WEBSITE AND ALL CONTENT (regardless of who generates it), WEBSITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY THE WEBSITE ARE SUBJECT TO CHANGE AND PROVIDED BY CEF “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF PERMISSIBLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE WEBSITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  1. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT CEF WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE WEBSITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF CEF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

  1. EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY CEF FOR ANY REASON RELATING TO ANY PART OF THE WEBSITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

  1. LINKS TO OTHER WEBSITES

Our Links to Other websites: Our Website may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the linked website or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked websites are at your own risk and governed by their privacy policy, statements, or policies.

YOU ARE NOT PERMITTED TO LINK OR SHORTCUT TO OUR WEBSITE FROM YOUR WEBSITE, BLOG OR SOCIAL MEDIA PAGE OR SIMILAR APPLICATION WITHOUT CEF’S PRIOR WRITTEN PERMISSION.

  1. AMENDMENTS

You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy (“Amendments”). Amended versions of these Terms will take effect on the date specified for the latest version (“Updated Date”) and will apply to all information that was collected before or after the Updated Date, including information in databases. You have no continuing right to use the Website. Each time you return to the Website, you are responsible for checking the Updated Date posted at the top of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using this Website. 

  1. GOVERNING LAW AND EXCLUSIVE JURISDICTION

These Terms and your use of the Website are governed by the laws of the State of Massachusetts, without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in Essex County, Massachusetts except to the extent you are prohibited from doing so by a Mandate. 

  1. LEGAL NOTICES OR DISCLOSURES

You agree that we may give all notices we are required to give you by posting notice on the Website or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Website.

NOTICES TO CEF: We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following (“Our Legal Notice Address”):

Jamie Robinson, Office Manager, Creative Education Foundation, 46 Watch Hill Drive, Scituate, MA 02066

  1. TERMINATION OR CANCELLATION

You have no continuing right to use the Website and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. We may give notice of termination or cancellation in the same way that we may provide other notices. Termination or cancellation will not eliminate the surviving provisions of these Terms (see sections 6, 7, 8, 9, 10, 13, 16, and 17) and you will still be liable for obligations incurred before the agreement or access ended.

  1. ENTIRE AGREEMENT

These Terms, including the Privacy Policy, Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Website for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Website or any Content, service or other activity; constitute the entire agreement between you and CEF regarding the Website or the subject matter of the foregoing (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. The terms of this Section 16, Sections 3 and 4, 6 through 10, and 13 through 16, 17 and our rights under the Privacy Policy will survive termination or cancellation of this Entire Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

  1. INTELLECTUAL PROPERTY
    1. Trademarks: The trademarks and logos used on this Website are owned by (1) CEF or (2) their respective trademark owners, and are either trademarks or registered trademarks of CEF. You may not use any of the above or other trademarks displayed on this Website or in any Content. All rights are reserved.
    2. Copyrights: The copyrights on this Website and its Contents are owned by Creative Education Foundation. Copyright 2020 Creative Education Foundation. All rights reserved.
    3. Intellectual Property Rights: Any services or programs provided on the Website are owned, operated, licensed or controlled by CEF and are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by CEF or licensors. Except for Permissible Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of CEF or its designee. Modification or use of the Permissible Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with CEF.
    4. Digital Millennium Copyright Act- Copyright Agent: CEF respects the intellectual property rights of others and requests that Website users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Website containing the following:
      1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
      2. Identification of the copyrighted work claimed to have been infringed;
      3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit CEF to locate the material;
      4. The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
      5. A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent in the following manner to: 

Creative Education Foundation

Attn: Beth Miller, Executive Director
46 Watch Hill Drive
Scituate, MA 02066
contact@creativeeducationfoundation.org

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