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“What does democracy mean to you?” Project Agreement

This Agreement (“Agreement”) entered into by and between Dock C. Bracy Center Inc. (“Dock C. Bracy Center for Human Reconciliation,” “DCBC,” "DCB Center," “we,” “us,” or “our”) and You (“Customer” or "Artist" or "Participant" or “You” or “you”) (collectively, “Parties”) is effective as of You clicking/checking “I Agree” or its equivalent within the dcbcenter.org domain, utilizing the participation software, or as otherwise agreed to by the parties in writing (“Effective Date”). 

 

You acknowledge that you have read and agree to all of the terms and conditions of this Agreement. If you do not have authority to enter into this Agreement or do not agree to the terms, do not click your approval or continue.


Scope of this Agreement 

This Agreement applies to any written words, voice recordings, digital media, image(s), graphics, digital assets, or digital images created, written, constructed, or taken by Artist and/or legal parent/guardian and delivered to DCBC (collectively known as “IMAGES”).


License Grants

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the property of the Artist, subject to the license herein granted.

 

With respect to the Images and other Intellectual Property Rights used or delivered, Artist hereby grants to DCBC (for use by DCBC or ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, VOLUNTEERS, CONTRACTORS, AND LICENSORS) an irrevocable, perpetual, nonexclusive, royalty-free, fully paid-up, transferable, world-wide license to use such Images or Intellectual Property Rights included or contained in or incorporated into the Images in connection with/to sell, distribute, give, grant, barter, exchange, assign, merchandize, reproduce, donate, sublicense, transfer, convey, publish, re-publish, bequest, translate, modify or alienate the Images or otherwise use for the benefit of DCBC or any purpose intended by DCBC.

 

For the avoidance of doubt, Artist understands and grants DCBC the right to sell, distribute, give, grant, barter, exchange, assign, merchandize, reproduce, donate, sublicense, transfer, convey, publish, re-publish, bequest, translate, modify or alienate the Images or otherwise use for the benefit of DCBC or any purpose intended by DCBC without any obligations, covenants, royalties or payments of any kind to Artist.


Privacy

Your personal information you provide to us in connection with this Agreement is subject to DCBC Privacy, Disclaimer and Terms, which is available at https://www.dcbcenter.org/privacy-disclaimer-terms.

 

Notwithstanding anything to the contrary, you agree that DCBC has the right, without liability to you, to disclose any data and/or information that you provide to us or that we process for you in connection with your use of or access  to law enforcement authorities, government officials, and/or a third party, as DCBC believes is reasonably necessary or appropriate to comply with applicable law or to enforce and/or verify compliance or participation with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use or participation in any event, and/or a third-party claim that your participation is unlawful and/or infringes such third party’s rights).

 

DCBC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THIS AGREEMENT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE DCBC FROM ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 


Indemnity

BY PARTICIPATING, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DCBC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, VOLUNTEERS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, ALLEGATIONS, DAMAGES, SUITS, ACTION OR PROCEEDINGS ARISING OUT OF OR RELATED TO (A) YOUR BREACH OF THIS AGREEMENT OR ANY ALLEGATION THAT IF TRUE WOULD CONSTITUTE A BREACH OF THIS AGREEMENT, OR (B) ANY ACTION TAKEN BY DCBC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

 

YOU AGREE THAT YOU SHALL NOT SUE OR SEEK TO RECOVER ANY DAMAGES FROM DCBC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, SUPPLIERS, VOLUNTEERS, CONTRACTORS, AND LICENSORS AS A RESULT OF DCBC'S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR MODELS, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR PARTICIPATION, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DCBC’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.


Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO CASE SHALL DCBC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, VOLUNTEERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF REVENUE, IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ARISING FROM YOUR PARTICIPATION, PROFESSIONAL SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR PARTICIPATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE DCBC SOFTWARE OR ANY DCBC EVENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR PARTICIPATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DCBC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, VOLUNTEERS OR LICENSORS TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, FROM YOUR PARTICIPATION OR PROFESSIONAL SERVICES, FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THIS AGREEMENT, OR FOR THE DEFENSE AND INDEMNITY PROVIDED BY US UNDER THIS AGREEMENT EXCEED THE GREATER OF AMOUNT OF (1) FIVE HUNDRED DOLLARS ($500) OR (2) THE FEES OR DONATIONS YOU HAVE PAID DCBC UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE OCCURRENCE GIVING RISE TO SUCH CLAIM, LESS IN ALL CIRCUMSTANCES AMOUNTS PREVIOUS PAID BY DCBC IN SATISFACTION OF LIABILITY UNDER THIS AGREEMENT.

 

THE FOREGOING LIMITATIONS IN THIS SECTION WILL APPLY (A) EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND (B) REGARDLESS OF THE NATURE OF THE CLAIM OR ACTION, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY.


Compliance with Law

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your participation in any DCBC event.


Governing Law; Venue

This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Each Party consents to the sole and exclusive jurisdiction of the state and federal courts located in Suffolk County in the Commonwealth of Massachusetts over themselves and the subject matter of this Agreement with respect to any dispute, claims, suits or actions arising in connection with or related to this Agreement. 


Trademarks

DCBC other Dock C Bracy Center trademarks, service marks, graphics, and logos used in connection with any DCBC event or program are trademarks or registered trademarks of Dock C. Bracy Center Inc. and its licensors in the U.S. and other countries. You are granted no right or license with respect to any of the aforesaid marks. All other marks are the property of their respective owners.


Force Majeure

Neither Party shall be responsible for any delay or failure in performance to the extent that such delay or failure is caused by fires, strikes, embargoes, explosion, earthquakes, floods, wars, labor disputes, pandemic, government requirements, terrorist acts or activities, civil or military authorities, acts of God or by the public enemy, inability to secure raw materials or transportation facilities, acts or omissions of carriers or suppliers, or other causes beyond its reasonable control whether or not similar to the foregoing.


Headings

The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.


Entire Agreement

This Agreement, together with any Terms of Service, Privacy, Disclaimer and Terms, Guidelines, and Exhibits, constitutes the entire agreement among the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous discussions, representations, agreements, letters of intent, memoranda of understanding and other writings with respect hereto. No modification, alteration or amendment of this Agreement shall be effective unless set forth in writing and signed by the Parties.

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