terms of use and copyright agreement

The Broad Foundations, including The Eli and Edythe Broad Foundation and The Broad Art Foundation ("The Broad Foundations") have created and maintain The Broad Foundations’ websites ("the Sites," which also include the website of The Broad Center for the Management of School Systems) in order to provide the public with on-line information and resources concerning the activities of The Broad Foundations and The Broad Center for the Management of School Systems (“The Broad Center”). By using the Sites and their content, you expressly agree to comply with and be bound by the following terms, which The Broad Foundations may change at any time.

Terms and Conditions upon which Users May Use Content of the Sites

All of the text, images, marks, logos, service marks, and other content of the Sites are proprietary to The Broad Foundations and The Broad Center or are used in a manner consistent with the legal owner's permission or applicable laws or regulations. The Broad Foundations and The Broad Center authorize you to view, download and print content from the Sites upon the following conditions:

(1) You must observe any and all additional terms or restrictions provided within individual sections of the Sites relating to particular content of the Sites;

(2) Unless otherwise restricted, you may only view, download and print content from the Sites for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;

(3) Downloading content from the Sites for commercial use or for use on personal Web sites is strictly prohibited;

(4) You may not remove any copyright, trademark, service mark or other proprietary notice that has been placed in or near the content on the Sites by The Broad Foundations or The Broad Center;

(5) You may not modify the appearance or content of the Sites; and

(6) Any displays or printouts of the Sites’ content must be marked "© [insert year of display or printout] [The Eli and Edythe Broad Foundation or The Broad Art Foundation or The Broad Center for the Management of School Systems]. All rights reserved."

If you download, print or use content from the Sites in any manner, you represent and warrant that your use will be consistent with this license and that you will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

Permissions and Requests for Images and Other Site Content

Except as expressly permitted above, reproduction or redistribution of any content on the Sites is strictly prohibited without the prior written permission of The Broad Foundations or The Broad Center for the Management of School Systems.

To request permission to use or reproduce images or to publish or quote from The Broad Foundation's or The Broad Center’s Web sites, please contact:

Karen Denne
The Broad Foundations
10900 Wilshire Boulevard
Twelfth Floor
Los Angeles, California 90024
kdenne@broadfoundation.org

To request permission to use or reproduce images from The Broad Art Foundation's collections or to publish or quote from The Broad Art Foundation's Web site, please contact:

Jeannine Guido
The Broad Art Foundation
3355 Barnard Way
Santa Monica, CA 90405
jguido@broadartfoundation.org

Professional journalists who wish to obtain any portion of the Sites’ content for publication should also contact Karen Denne at the address indicated above.

The Broad Foundations and The Broad Center do not distribute or permit reproduction of Web site text, video, or non-collection images except as expressly permitted above. The Broad Foundations and The Broad Center reserve the right not to grant permission to use the content of their Web sites, and does not grant permission to use Materials of third parties.

No Representations or Warranties by The Broad Foundations or The Broad Center

The Broad Foundations and The Broad Center make no representation of any kind regarding the content of the Sites. All content on the Sites is provided "AS IS." The Broad Foundations and The Broad Center expressly disclaim any and all warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing: (1) The Broad Foundations and The Broad Center do not warrant or represent that use of content displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with The Broad Foundations or The Broad Center. Copyright and other proprietary rights in the Sites’ content may be held by individuals and/or entities other than The Broad Foundations or The Broad Center, including reproductions of works of art licensed to The Broad Foundations by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Sites. Use of these images by you is prohibited unless specifically permitted by this Terms of Use and Copyright Agreement. (2) While The Broad Foundations and The Broad Center use reasonable efforts to include accurate and up-to-date information in the Sites, The Broad Foundations and The Broad Center make no representations or warranties as to its accuracy. The Broad Foundations and The Broad Center assume no liability or responsibility for any errors or omissions in the content of the Sites. (3) Use of and browsing in the Sites are at your risk. The Broad Foundations and The Broad Center assume 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 Sites.

Except where specifically indicated otherwise, any communication or material you transmit to the Sites 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 The Broad Foundations, The Broad Center and their respective affiliates or licensees for any purpose.

Links

The Sites may contain links to third party sites. The Broad Foundations and The Broad Center have not reviewed all of the sites linked to the Sites and are not responsible for any content of any linked site. The Broad Foundations and The Broad Center provide these links as a convenience only; and such links do not imply Broad Foundations or Broad Center endorsement, sponsorship or affiliation with the linked site.

Content Provided by Users

Although The Broad Foundations may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, The Broad Foundations are under no obligation to do so and assume 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 Site. 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. The Broad Foundations will fully cooperate with any law enforcement authorities or court order requesting or directing The Broad Foundations to disclose the identity of anyone posting any such information or materials.

Digital Millennium Copyright Act

The Broad Foundations and The Broad Center comply with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(2). If you have any complaints or objections to materials posted on the Sites, please contact our designated agent:

Karen Denne
Director of Communications
The Broad Foundations
10900 Wilshire Boulevard., Twelfth Floor
Los Angeles, California 90024
(310) 954-5058
kdenne@broadfoundation.org

Applicable Law and Jurisdiction

The Sites (excluding links to Web sites operated by others) is controlled and operated by The Broad Foundations from its offices in and around Los Angeles, California. Although The Broad Foundations have made no effort to publish the Sites elsewhere, they are accessible in all fifty U.S. states and in other countries due to their 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 The Broad Foundations both benefit from establishing a predictable legal environment in which to publish, access and use the Sites, by publishing, accessing, and/or using the Sites you agree that all matters arising from or relating to the use and operation of the Sites will be governed by the 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 Sites 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 Sites from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and release The Broad Foundations, The Broad Center, and each of their respective trustees, officers, employees and agents 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 Sites.

Waiver

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of The Broad Foundations or The Broad Center.