ncmodernist.org and usmodernist.org
Effective January 4, 2020
The following are the terms and conditions of use (TOU) for all content on ncmodernist.org and usmodernist.org (Websites). These terms apply regardless of device or channel used to access Websites. Your continued use and/or access of Websites constitutes agreement to this privacy statement and any future changes or updates. If you do not agree to these TOU, exit now and do not further access or use the Websites.
Description of Services. Modernist Archive, Inc., (MA) is a North Carolina 501C3 nonprofit organization doing business as NCModernist (NCM) and USModernist (USM). MA provides access to the NCModernist and USM websites ncmodernist.org and usmodernist.org (collectively the Services). All new features that augment or enhance the Services shall be subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by MA. We may add, change, remove, suspend or discontinue any aspect of the Websites at any time without notice. We may also impose limits on certain features and services or restrict access to parts or all of the Websites without notice or liability. In order to use the Websites, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.). MA may change, move or delete portions of, or may add to, this Websites at its sole discretion.
Disclaimers and Limitation of Liability. The content on this site is provided on an as-is and as-available basis. MA disclaims all warranties, express or implied, including but not limited to warranties of merchantibility and fitness for a particular purpose. MA will conduct every effort to provide the highest degree of service, protection, privacy, functionality, timeliness, safety and reliability technologically possible but cannot and will not be held responsible for any errors or disruptions to the service or the accuracy or completeness of the information contained therein. The Websites and Service could become interrupted or disabled due to circumstances outside of our control, acts of God, acts of sabotage, or intentionally for necessary or recommended updating or upgrading, or for the protection of information used or necessary. We do not represent or warrant that the service will be error-free, without inaccuracies, or free of viruses at all times. Under no circumstances, including negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, any part of our site or service. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort, or otherwise, including negligence, exceed $10 (ten dollars).
The credit card or checking account information you provide, if any, will be handled, managed and stored in the most secure manner possible via PayPal or TicketDerby. This information is encrypted and stored securely and safely, or transferred securely and safely to a qualified and trusted third party for processing, and used exclusively and solely for purposes authorized by you. MA may provide, or third parties may provide, links to other Websites or resources. Because MA has no control over such sites and resources, you acknowledge and agree that MA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Acceptable Use. You will not use the Websites to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Websites;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You acknowledge, consent and agree that MA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MA, its users and the public. You understand that the technical processing and transmission of the Websites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Websites and software embodied within the Websites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TMA and/or content providers who provide content to the Websites. You may not attempt to override or circumvent any of the usage rules embedded into the Websites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Websites, in whole or in part, is strictly prohibited.
Privacy and Indemnity. You agree to indemnify and hold MA and its subsidiaries, affiliates, officers, Board Members, agents, employees, volunteers, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Websites, your use of the Websites, your connection to the Websites, your violation of the TOU, or your violation of any rights of another. Your continued use of Websites constitutes agreement to this privacy statement and any future changes or updates. If you do not agree to these TOU, exit now and do not further access or use the Websites.
Third Party Content and Information. The Websites contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions which may be found on the Websites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Websites.
Termination. This Agreement is effective unless and until terminated by either you or MA. You may terminate this Agreement at any time by no longer using this Websites, provided that all prior uses of this Websites shall be governed by this Agreement. MA may terminate this Agreement at any time and without notice, and accordingly deny you access to this Websites, in MA's sole discretion for any reason, including, but not limited to (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Websites (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the Websites. Upon any termination of this Agreement by either you or MA, you must promptly destroy all materials downloaded or otherwise obtained from this Websites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise..
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided herein, there shall be no third-party beneficiaries to this Agreement.
Notice. MA may choose to provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Websites, or other reasonable means now known or hereinafter developed. However, any notice is at MA's sole discretion and is not required for any changes.
General. Entire Agreement. The TOU constitutes the entire agreement between you and MA and governs your use of the Websites, superseding any prior agreements between you and MA with respect to the Websites.
Choice of Law and Forum. The TOU and the relationship between you and MA shall be governed by the laws of the North Carolina without regard to its conflict of law provisions. You and MA agree to submit to the personal and exclusive jurisdiction of courts located within Durham County, North Carolina.
Waiver and Severability of Terms. The failure of MA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
Update and Notice. We reserve the right to update these terms at any time without prior notice. When we do, we will also revise the effective date at the top of this page. We encourage you to periodically review these terms to stay informed. Your continued use of the Websites constitutes agreement to this privacy statement and any future changes or updates.
Trademarks. USModernist and NCModernist and the Red Chair logo are registered trademarks of Modernist Archive, Inc. All rights reserved. If you do not agree to these TOU, exit and do not further access or use the Websites.