Terms and Conditions
Social Platforms and Website
These terms and conditions of use (the “terms” or “Agreement”) govern our website, social media-based websites, accounts, pages and applications (or collectively, our “sites”) that belong to, or are managed by Mountain City Center for the Arts (“MCCA”, “we”, “our” and/or “us”). By accessing and/or using our sites, you are agreeing to be bound by these terms, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by MCCA and those of any third parties that host our sites, as amended from time to time. If you do not agree with all of these terms or cannot form a legally binding contract, you are not permitted to use our sites.
While MCCA has official profiles on a number of social networks, this does not mean that we are endorsing their products or services. From time to time we may share content on our sites that we think is interesting. This does not mean we are agreeing or supporting a point of view or endorsing a product or service.
We cannot and do not guarantee the accuracy of content posted on our sites by us or third parties. We do not, in any way, adopt, endorse, or guarantee the accuracy of content posted by others. We are not legally responsible for content posted by third parties on our sites. We do not endorse clicking on links posted by other social media users, as these links may pose risks to your computer or take you to inappropriate sites.
We do not provide investment, legal, tax or other specialist advice through our sites. If you are not able to use or access our sites, or websites linked to through them, we are not responsible for any problems this causes. We may disclose your communications and activities on our sites in response to requests by any government agency.
Those that have a business relationship with MCCA and/or any other interests are responsible for adhering to any previous restrictions and/or obligations regarding information that may be deemed non-public.
These terms in no way replace terms outlined in any other agreement executed between MCCA and you.
Use Limitations and Guidelines
You agree to comply with the social media guidelines outlined herein with regard to any content that you post/share on our sites, and you agree to our right to moderate and delete any content at our sole discretion. You understand that you are providing social media content that includes minors under that age of 18. You also agree that your activities on our sites will not violate any applicable law, regulation or terms of any existing agreements you may have with MCCA. You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of our sites or access to our sites. Any unauthorized use of our sites or misuse of any information posted to a site is strictly prohibited.
Please note that when visiting any MCCA site, you are also subject to the terms and conditions of MCCA privacy notices, as well as the terms of service and privacy policies of third-party hosts, when applicable. Do not send or post personal information via our social media sites. Never disclose any financial or personal information on any MCCA social media site or other website. MCCA will never ask you for your Social Security number, account information, passwords, PINs or other personally identifiable information via social media or email. You acknowledge that you assume all responsibility related to the security, privacy and risks inherent in sending any content over the Internet. MCCA is not responsible for the privacy or security practices of the social media sites we utilize. Please review their policies.
MCCA has no obligation to monitor the use of our sites by users. You acknowledge and agree that MCCA reserves the right to, and may from time to time, monitor any and all information transmitted or received through our sites for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of our sites constitutes consent to such monitoring. Furthermore, MCCA reserves the right at all times to disclose any information posted on any portion of our sites as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in MCCA's sole and absolute discretion are objectionable or in violation of this Agreement.
The content provided in our sites is owned or licensed by MCCA, unless otherwise indicated. Unless expressly noted otherwise, everything on our sites is protected by intellectual property rights held by MCCA or other parties that have allowed MCCA to use their materials. All rights not expressly granted are reserved. Permission is granted to temporarily download one copy of MCCA-provided content on MCCA’s sites for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the content except as otherwise provided;
Use the content for any commercial purpose, or for any public display (commercial or non-commercial);
Remove any copyright or other proprietary notices from the content; or
Transfer the content to another person or “mirror” the content on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MCCA at any time. Upon completing your review of the content or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
MCCA Copyright Policy and Copyright Agent
MCCA may remove content that appears in its sole discretion to infringe the intellectual property rights of others. MCCA also has a policy of terminating the accounts of repeat infringers in appropriate circumstances. If you believe that content available on or through the sites infringes one or more of your intellectual property rights, please immediately notify MCCA (“Notification”) providing the information described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the sites infringes your rights, you should consider first contacting an attorney.
All Notifications should include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MCCA to locate the material, including the URL.
Your address, telephone number and email address.
A statement that you have 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.
A statement made under penalty of perjury that the information in the Notification is accurate, and that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
Notifications should be sent to MCCA as follows:
16 Maple Street
Frostburg MD 21532
The materials on MCCA’s sites are provided “as is.” MCCA makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights. Further, MCCA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its sites or otherwise relating to such materials or on any sites linked to these sites. MCCA does not guarantee that our sites will be without errors or viruses, or that any site defects will be corrected, even if MCCA is aware of them. The information and content provided on our sites, including without limitation text, graphics and images, are for informational purposes only, not as an offer to sell or the solicitation for the purchase of stock of MCCA, or any other issuer or company. MCCA is not responsible for any content posted by users, including posts made by employees or agents who are not authorized administrators of our sites. Content posted by others is not edited by MCCA and does not necessarily represent the views or positions of MCCA. MCCA is not liable for the acts or omissions of third party service providers or hosts of the sites.
The use of our sites is entirely at your own risk, and in no event shall MCCA, its affiliates or its suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties, or liabilities (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or relating to our sites, your use or inability to use the content on our sites, even if MCCA has been notified orally or in writing of the possibility of such damage. Your sole and exclusive remedy for dissatisfaction with our sites is to stop using our sites. MCCA will not be responsible in any way for loss or damage that results from your failure to comply with these terms or other applicable guidelines, or from any technical, human or software errors or failures found within our sites. MCCA may use third party providers in providing our sites. MCCA is not liable for the acts or omissions of any such third party service providers. Users must comply with any third party provider’s terms.
You agree to indemnify, defend, and hold harmless MCCA and its employees, and agents from any and all losses, damages, liabilities, and costs of every nature (including without limitation judgments, expenses and reasonable attorneys’ fees and costs) incurred by any of them in connection with any claim, damage, or loss related to your use of our sites or any materials contained on our sites, or the breach or alleged breach by you of these terms.
Site Modification or Termination
MCCA may modify the features, content and functionality of its sites, or terminate entirely any of its sites, at any time without prior notice or liability to you. Modification or termination of these terms will not affect, or result in the termination or modification, of any other existing agreements you may have with MCCA
Your accessing of our sites in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and MCCA, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our sites, that no relationship is formed between you and MCCA that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.
MCCA may, in its sole discretion, terminate your use of our sites at any time. MCCA reserves the right to change, suspend or discontinue all or any aspects of our sites at any time without prior notice.
Jurisdiction and Miscellaneous
This Agreement shall be construed and enforced in accordance with the laws of the State of Maryland without regard to the principles of conflicts of law. This Agreement is a personal agreement between you and MCCA, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that MCCA will have the ability to enforce its rights in any court of competent jurisdiction, you hereby acknowledge and agree that the courts of the State of Maryland in the county of Maryland shall have exclusive jurisdiction over any dispute relating to these terms and your use of our sites, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens. You acknowledge and agree that you may not bring a claim against MCCA relating to your use of our sites after more than one year has passed since the event occurred that gave rise to the claim, while there is no such limitation on MCCA’s right to bring claims against you. You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by MCCA to provide our sites hereunder. You waive your right to trial by jury of any or all issues arising in any action or proceeding between you, or your successors, and MCCA or its successors, under or connected with this Agreement or any of its provisions. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Unless otherwise stated, Mountain City Center for the Arts and/or its licensors own the intellectual property rights for all material on MCCA. All intellectual property rights are reserved. You may access this from MCCA for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from MCCA
Sell, rent or sub-license material from MCCA
Reproduce, duplicate or copy material from MCCA
Redistribute content from MCCA
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Mountain City Center for the Arts does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Mountain City Center for the Arts,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Mountain City Center for the Arts shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Mountain City Center for the Arts reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Mountain City Center for the Arts a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Mountain City Center for the Arts; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Mountain City Center for the Arts. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Mountain City Center for the Arts's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.