3.1. Not Endorsements. The Site may contain links to non-MAAF websites, including without limitation www.egrant.org. A link from the Site to a non-MAAF website does not mean that MAAF endorses or accepts any responsibility for the content, functioning, policies or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. MAAF expressly disclaims any liability related to such sites.
3.2. Unauthorized Links. MAAF prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. MAAF reserves the right to disable any unauthorized links or frames.
4. Site Use; Restrictions.
4.2. Credit. As a condition of receiving the License, you shall (i) reproduce any copyright notice (“Notice”) provided with Site materials without alteration of any kind to such notice when making Use of such Site materials; and (ii) include the following notice when making Use of the Site or any portion thereof: “The source of this material is Mid Atlantic Arts Foundation (MAAF). © 2007 MAAF. All rights reserved. Use of this material without the express permission of MAAF is prohibited.”.
4.3. Site Restrictions. You will not (i) use the Site for any direct or indirect commercial purpose or advantage; (ii) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, harassing, infringing or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (iii) modify, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site or portions thereof except as specifically provided herein; (iv) use the Site in a manner that impedes, interferes with, impairs, or otherwise causes harm to the Site, MAAF, or others, including without limitation spamming, distributing computer viruses, attempting to defeat system security, modifying and/or removing data on the Site, or accessing and/or using the Site in an unauthorized fashion; (v) use the Site in a manner inconsistent with MAAF’s non-profit, tax-exempt status; (vi) use the Site for lobbying purposes, or in a manner that states or implies MAAF’s endorsement or promotion of any goods, services, or positions without the specific written authorization of MAAF; (vii) delete or alter in any manner any copyright notice provided with Site materials; (viii) when providing any information to MAAF, including without limitation through the Site, provide incorrect or incomplete information, or fail to update any previously provided information when such information becomes outdated, obsolete or otherwise incorrect; or (ix) use the Site in any manner that violates any applicable federal, state, local, and/or international laws, regulations, orders, or other restrictions or that might expose MAAF to such liability.
6. Monitoring; Support.
6.1. Use Monitoring. MAAF is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. MAAF reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in MAAF’s sole judgment.
6.2. Support. MAAF is not obligated to provide, and shall not provide, any support, consulting, training or assistance (collectively, “Support”) of any kind to you, including without limitation Support relating to use, operation and/or performance of the Site.
8. Password. In using the Site, you may be assigned a password. You are responsible for maintaining the security of any such password. MAAF is not liable for any loss that you may suffer through the use of your password by others. You shall notify MAAF immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Site.
9. MAAF Holds a License in User Materials. To the extent permitted by applicable law, by sending any comments or materials (collectively “User Materials”) to MAAF, including without limitation questions, submissions, suggestions, ideas, postings, comments or the like, or posting User Materials to the Site, you grant MAAF a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use such User Materials for any purpose in any format or media now or hereafter known. MAAF shall have no obligation of any kind with respect to such User Materials and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the User Materials to others and otherwise exploit the User Materials without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so. Further, MAAF shall be free to use any ideas, concepts, know-how or techniques contained in such User Materials for any purpose whatsoever, including but not limited to conducting research incorporating any User Materials.
10. Notices and Procedure for Making Claims of Copyright Infringement. MAAF will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to MAAF’s designated agent using the following contact information.
Copyright Agent/Marketing and Communications Officer
Mid Atlantic Arts Foundation
201 North Charles Street, Suite 401
Baltimore, MD 21201
Tel: 410.539.6656 xt. 100
11. Representation and Warranty Disclaimer. THE SITE AND ALL CONTENT ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH MAAF, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (IX) THAT ALL SERVICES OFFERED BY MAAF WILL BE AVAILABLE IN ALL MARKETS. EFFORTS BY MAAF TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Dispute Resolution (Arbitration Clause).
(www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to select an arbitration organization within 30 days after notice from MAAF, MAAF may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with one of the organizations. You and MAAF shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate MAAF’s intellectual property rights, MAAF may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts.
15. Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
18. Viewing Outside the United States. MAAF makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.