Terms of Use

BFS Website Terms and Conditions of Use

Welcome to the website of the Boston Foundation for Sight (BFS, or “us or “we”). The term “you” refers to the user or viewer of the BFS website, including the Connected Visions blog, and related websites maintained by BFS, such as the BFS Facebook page (collectively, the “BFS Websites”). If you continue to browse and use BFS Websites, including by posting content on the Connected Visions blog, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions of use (“Terms”), which together with our privacy policy govern our relationship with you in relation to BFS Websites.


BFS Websites Do Not Provide Medical Advice
• The contents of BFS Websites are for informational purposes only. BFS Websites content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
• Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• Never disregard professional medical advice or delay in seeking it because of something you have read on BFS Websites!
• If you think you may have a medical emergency, call your doctor or 911 immediately.
• Reliance on any information provided by the Connected Visions blog writers, BFS employees, others appearing on the blog at the invitation of BFS, or other visitors to the Connected Visions blog, or other information on BFS Websites, is solely at your own risk.

BFS Websites including Connected Visions Community User Guidelines

If you participate in the Connected Visions Community via the blog, or other interactive features offered at BFS Websites, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found on the blog. Connected Visions blog writers are not responsible for the consequences of any communications on the blog. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Connected Visions blog, you agree that the following actions shall constitute a material breach of these Terms:

• Using the Connected Visions blog for any purpose in violation of local, state, national, or international laws;
• Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
• Posting advertisements or solicitations of business;
• After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
• Posting chain letters or pyramid schemes;
• Impersonating another person;
• Distributing viruses or other harmful computer code;
• Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
• Allowing any other person or entity to use your identification for posting or viewing comments
• Posting the same note more than once or "spamming"; or
• Engaging in any other conduct that restricts or inhibits any other person from using or enjoying BFS Websites, or which, in our judgment exposes us or any of our customers or suppliers to any liability or detriment of any type.

We Reserve the Right (but are Not Obligated) to Do Any or All of the Following:

• Record the dialogue on the Connected Visions blog.
• Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication(s).
• Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
• Terminate a user's access to any or all of the BFS Websites, including the Connected Visions blog, upon any breach of these Terms.
• Monitor, edit, or disclose any communication on the Connected Visions blog.
• Edit or delete any communication posted on the Connected Visions blog, regardless of whether such communication violates these standards.

Rights to Content

BFS Websites contain a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the BFS Websites. You may review, download, copy, distribute and use the content solely for non-commercial purposes. You may not sell the content or otherwise distribute it for a fee.

BFS Websites are controlled by us from our offices within the United States of America. If you choose to access BFS Websites from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from BFS Websites in violation of U.S. export laws, regulations or the Terms.

Registration

For some areas of the BFS Websites, you may have to complete a registration process or create a profile for use in applying for something (e.g., a job or a grant). Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or BFS has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, BFS may suspend or terminate your access to BFS Websites in addition to exercising all rights and remedies allowed by law.

License Grant for Content Submissions and Related

If you provide content to BFS Websites, including the Connected Visions Blog, you:
• represent and warrant that the content you provide is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to BFS and other users for download, distribution and use under these Terms without (i) violation (by you, us, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, users or anyone else that you have not conspicuously disclosed in the content.
• grant BFS and each user of BFS Websites who downloads the content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the content; (ii) publicly perform or display, license and distribute copies of the content, modified content and derivative works of the content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determined by BFS or other licensed persons in its sole discretion) to allow BFS or other licensed persons to fulfill their charitable mission, to further BFS’s related operations, and to create, advertise, operate and manage BFS Websites.
In addition to the rights above, you acknowledge and agree that we may keep the content you provide indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of BFS, its users and the public.

Privacy Policy

Our Privacy Policy is part of these Terms and is incorporated herein. Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide: (a) have reviewed and agree with the privacy policy, and (b) are authorized to, and do, consent to have all data used and transferred internationally if you are located outside the United States.

NO WARRANTIES, CONDITIONS OR OTHER DUTIES

BFS WEBSITES AND ALL CONTENT (regardless of who generates it), BFS WEB SITES FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY BFS OR THIRD PARTIES ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE.
WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON BFS WEBSITES.
YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER BFS NOR ANY OF THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF BFS WEBSITES OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY BFS OR ANY OF THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE BFS WEBSITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED. The damage exclusions and limitations in these Terms are independent and will apply even if any remedy fails of its essential purpose.

Our Links to Other Websites

BFS Websites may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the linked websites or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).

Governing Law, Jurisdiction and Venue

Your use of BFS Websites and any dispute arising out of such use is subject to the laws of the United States of America and the Commonwealth of Massachusetts. You hereby consent to exclusive jurisdiction of the state or federal courts of general jurisdiction located in Boston, Massachusetts, U.S.A., except to the extent you are prohibited from doing so by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless BFS, from and against any and all losses, damage, liability and costs of every nature incurred in connection with any claim, damage or loss related to or arising out of the content you provide, your use of BFS Websites, any assistance or services provided by us, any alleged unauthorized use of BFS Websites, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our written consent.

Copyright and Trademarks; Notice Regarding Copyright Agent

BFS Websites are protected by intellectual property laws. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent as specified below.
BFS Websites contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without authorization. Unauthorized use of BFS Websites may give rise to a claim for damages and/or be a criminal offense.
It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
BFS respects the intellectual property rights of others and requests that users of BFS Websites do the same.

Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for BFS Websites containing the following:
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit BFS to locate the material;
• The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
• A representation that the complaining party has 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 representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to:
Boston Foundation for Sight
Attn: Eugene A. Bonte
464 Hillside Ave., Suite 205
Needham, MA 02494
Email: gbonte@bostonsight.org
Phone 781.726.7337
Fax 781.726.7310

Notice of Availability of Filtering Software

We do not believe that BFS Websites contain materials that would typically be the subject of filtering software and young children are not authorized to visit our website. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to young children. A report detailing some of those protections (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies) can be found at: http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html.

Amendments

You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy ("Amendments"). Amended versions of these Terms will take effect on the date specified for the amended version ("Effective Date") and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use BFS Websites – each time you visit you will be subject to the version of the Terms in effect on your visit. The Terms may change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on BFS Websites. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
Each time you return to BFS Websites, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using BFS Websites. USE OF BFS WEBSITES AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE BFS WEBSITES AND CEASE ALL USE OF THE CONTENT OR SERVICES.

Entire Agreement; Miscellaneous

These Terms, including the Privacy Policy (including any of the supplemental privacy policies), Amendments and any notices, terms and items incorporated into any of them constitute the entire agreement between you and BFS regarding BFS Websites.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

You may print or make an electronic copy of the Terms for your official records.