Use of Website and its Content
The Website contains intellectual property that is either owned by or licensed to TBF. Such intellectual property includes, but is not limited to, the design, layout, look, appearance, images, text, marks, software, and graphics (the “Content”). All of the Content on the Website is proprietary to TBF or is used in a manner consistent with the legal owner’s permission or applicable laws or regulations. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the foregoing, TBF authorizes you to view, download, and print Content from the Website upon the following conditions:
- You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content on the Website;
- You may view, download, and print Content from the Website for your own personal and noncommercial use;
- You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would material from any printed work. The citation must include the URL “https://broadfoundation.org”.
- You are strictly prohibited from downloading Content from the Website for commercial use or for use on personal websites;
- You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the content on the Website;
- You may not modify the appearance or Content of the Website; and
- Any displays or printouts of the Website’s Content must be marked “© [insert year of display or printout] The Eli and Edythe Broad Foundation. All rights reserved.”
The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of TBF, including but not limited to The Eli and Edythe Broad Foundation (“The Eli and Edythe Broad Foundation Trademarks”). You may not use The Eli and Edythe Broad Foundation Trademarks without TBF’s prior, written permission.
The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of The Eli and Edythe Broad Foundation Trademarks or may be construed to mean that TBF has authority to grant any right or license on behalf of any third party trademark owner.
Digital Millennium Copyright Act
TBF complies with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(2). TBF may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to our designated agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TBF’s agent for notice of claims of copyright infringement can be reached as follows:
Director of Communications
Permissions and Requests for Images and Other Site Content
To request permission to use or reproduce images or to otherwise publish or quote from TBF’s website, please contact:
Director of Communications
Professional journalists who wish to obtain any portion of the Website’s content for publication should also contact Tim Carter at the address indicated above.
TBF reserves the right not to grant permission to use the content of its Website, and does not ever grant permission to use any materials of third parties.
No Representations or Warranties by The Eli and Edythe Broad Foundation
TBF makes no representation of any kind regarding the content of the Website. All content on the Website is provided “as-is.” TBF expressly disclaims any and all warranties of merchantability or fitness for a particular purpose.
Without limiting the foregoing:
- TBF does not warrant or represent that use of content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with TBF. Copyright and other proprietary rights in the Website’ content may be held by individuals and/or entities other than TBF.
- While TBF uses reasonable efforts to include accurate and up-to-date information in the Website, TBF makes no representations or warranties as to its accuracy. TBF assumes no liability or responsibility for any errors or omissions in the content of the Website.
- Use of and browsing in the Website are at your risk. TBF assumes no responsibility and will not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any content from the Website.
Except where specifically indicated otherwise, any communication or material you transmit to the Website by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by TBF and its respective affiliates or licensees for any purpose.
Unauthorized Use of Website
- use the Website to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;
- use the Website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;
- introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Website;
- interfere with or disrupt networks connected to the Website;
- attempt to modify, reverse engineer, or reverse assemble any part of the Website;
- conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Website or other users of the Website; or
- violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.
The Website may contain links to third-party websites. TBF has not reviewed all of the websites linked to the Website and is not responsible for any content of any linked website. TBF provides these links as a convenience only; and such links do not imply TBF’s endorsement, sponsorship, or affiliation with the linked website.
Content Provided by Users
Although TBF may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, TBF is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TBF will fully cooperate with any law enforcement authorities or court order requesting or directing TBF to disclose the identity of anyone posting any such information or materials.
Applicable Law, Jurisdiction and Venue
The Website (excluding links to websites operated by others) is controlled and operated by TBF from its offices in and around Los Angeles, California. Although TBF has made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and TBF both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the internal laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of the State of California, County of Los Angeles. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Website from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and release TBF and its directors, officers, employees, agents, representatives and funders (including without limitation Eli and Edythe Broad, The Broad Art Foundation and The Eli and Edythe Broad Foundation, the “Funders”) from all claims, causes, allegations, costs, expenses, fees (including actual attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website.
LIMITATION OF LIABILITY
NEITHER TBF, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR FUNDERS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ITS CONTENT.
Waiver and Severance