Terms and Conditions

Website Terms of Use

Agreement to Terms of Use

Please read these terms and conditions of use (the “Terms”) carefully.  By accessing this site, submitting a comment, or submitting a project, you agree to be bound by these Terms, abide by all of the rules and policies set forth herein, and comply with all applicable laws and regulations. If you do not agree, please do not access or use this site.

The Board may modify the Terms at any time without notice to you by posting revised Terms on the site. Your use of this site shall constitute your acceptance and agreement to the modified Terms.

Use of the Site

You agree not to submit the following types of comment, information, or material:

1. Proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) for which you lack valid authorization for use;
2. advocates illegal activity or discusses an intent to commit an illegal act;
3. is vulgar, obscene, pornographic, or indecent;
4. does not pertain directly or indirectly to the site;
5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
8. violates any law or may be considered to violate any law;
9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
10. falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services);
12. solicits funds, advertisers, or sponsors;
13. includes programs that contain viruses, worms, and/or trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the site;
15. includes MP3 format files;
16. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
17. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the site or any networks connected to this site; or
18. contains hyperlinks to other sites with content that falls within the descriptions set forth above.

Proprietary Information

The material and content accessible from this site, and any other site owned, operated, licensed, or otherwise controlled by the Board is the proprietary information of the Board or the party that provided or licensed certain material and content to the Board, whereby such providing party retains all right, title, and interest in the content (the “Content”). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Board, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates the Board’s intellectual property rights and/or the intellectual property right of third parties, as applicable. Neither title, nor intellectual property rights are transferred to you by access to this website.

Submissions of Comments

You retain the copyright and other intellectual property rights to any comment you submit to the site. By submitting a comment to the Board, you agree to grant the Board an irrevocable, non-exclusive, royalty-free, perpetual license to use and copy commentary that you have submitted, in any medium and in any manner that the Board may in its sole discretion choose.  By submitting a comment, you agree to comply with the following rules concerning such submissions:

• If any part of the comment is not your original work, it is your responsibility to obtain permission from the copyright owner before making that comment available on the site and you agree to hold the Board harmless from any claim made by the copyright owner should any such claim arise.
• You are solely responsible for a comment you upload, post, transmit or otherwise make available to others using this site. Under no circumstances will the Board be liable in any way for any comment posted on or made available through this site by you or any third party.

You agree that the comments feature of the site is designed to permit users to post information and commentary for public review and comment and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the site by you.

You agree that the Board does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the site.

Submissions of Projects

You or the lawful copyright owner retain the copyright and other intellectual property rights to materials or documentation you submit to the site for the consideration of a project. By submitting a project for consideration by the Board, you agree to grant the Board an irrevocable, non-exclusive, royalty-free, perpetual license to use and copy the materials that you have submitted, in any medium and in any manner that the Board may in its sole discretion choose.  By submitting a project for consideration, you represent to the Board that:

• If any part of your submission is not your or your employee’s original work, you have the necessary authority from the copyright owner before making that document available on the site
• Under no circumstances will the Board be liable in any way for the publication of any project related document which you have submitted for consideration.

You agree that any “Confidential” or “Business Secret” data or information will be redacted from any documents you will post in this website.  Should such data be necessary for the Board’s consideration of your project, you will deliver by hand or by mail non-redacted version prominently marked with the label “CONFIDENTIAL” on each page that includes such confidential information, to the Board’s postal address, as identified in the contacts section of this website.

You agree that the Board may use its copies of the non-confidential documents submitted, as well as the ideas, concepts, know-how, techniques, facts and data included in any documents submitted for consideration of a Project, for any purpose it may deem appropriate. The Board shall not be subject to any obligations of confidentiality regarding information of projects submitted through the site that is not appropriately labelled as such.

No Rights Against the Board

The submission of any comment or project does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Board, its officers (including the Revitalization Coordinator), directors, employees, or agents, or any other person.

Limitation of Liability

In no event will the Board be liable for any indirect, incidental, consequential or punitive damages or losses or expenses arising in connection with your use of this site or any content or inability to use the site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

Indemnity

You hereby agree to indemnify and hold harmless the Board, its officers (including the Revitalization Coordinator), directors, employees, or agents, from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys’ fees) in connection with any claim arising out of or in connection with your use of the site.

Disclaimers

The Board does not warrant that the site will be uninterrupted, timely, secure or error free. The site is provided on an “as is” basis without warranties of any kind, either express or implied. The Board disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the site. Your sole remedy against the Board for dissatisfaction with the site or any content is to stop using the site.

Violation of Terms of Use

You agree that the Board may, in its sole discretion and without prior notice, terminate your ability to submit comments, remove any content of the site, disable your user account, terminate your access to the site, or block your future access to the site if we determine that you have violated the Terms or guidelines associated with your use of the site.