Terms of Service

www.RememberingMatthewsArena.com

Welcome to www.RememberingMatthewsArena.com (the "Website"). These Terms of Service ("Terms") govern your access to and use of the Website and any content, features, or services made available through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

These Terms constitute a legally binding agreement between you and the operators of this Website. Please read them carefully.

1. Acceptance of Terms

By accessing or using the Website, you represent that you are at least 13 years of age, that you have the legal capacity to enter into a binding agreement, and that you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Website on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of the Website

www.RememberingMatthewsArena.com is a commemorative website dedicated to honoring and preserving the legacy of Matthews Arena. The Website may include historical content, photographs, community memories, tributes, and related materials contributed by the Website operators and its users.

We reserve the right to modify, suspend, or discontinue the Website or any feature thereof at any time, with or without notice, and without liability to you.

3. User Accounts

Certain features of the Website may require you to create an account. You agree to:

•       Provide accurate, current, and complete information during registration

•       Maintain and promptly update your account information

•       Keep your password confidential and not share it with others

•       Notify us immediately of any unauthorized use of your account

•       Accept responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. User-Generated Content

Submissions

The Website may allow you to submit, upload, or post content including memories, photographs, comments, tributes, and other materials ("User Content"). By submitting User Content, you:

•       Represent that you own or have the necessary rights, licenses, and permissions to submit the content

•       Represent that the content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party

•       Grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, display, distribute, and adapt your User Content in connection with operating and promoting the Website

Prohibited Content

You agree not to submit User Content that:

•       Is false, misleading, or defamatory

•       Is obscene, offensive, hateful, or otherwise objectionable

•       Infringes any third-party intellectual property, privacy, or publicity right

•       Contains personal information of others without their consent

•       Promotes illegal activity or constitutes harassment or abuse

•       Contains viruses, malware, or other harmful code

•       Violates any applicable local, state, national, or international law

Content Moderation

We reserve the right, but not the obligation, to review, edit, or remove any User Content at our sole discretion and without notice. We are not liable for any failure to remove content or for any delay in doing so.

5. Intellectual Property

Our Content

All content on the Website that is not User Content — including text, graphics, logos, images, audio, and software — is the property of the Website operators or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any such content without our prior written permission.

Trademarks

Any trademarks, service marks, or logos displayed on the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark or service mark without the prior written consent of its owner.

DMCA / Copyright Complaints

If you believe that content on the Website infringes your copyright, please send a written notice to northeastern@gocollectu.com including: (1) identification of the copyrighted work; (2) identification of the infringing material and its location on the Website; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your signature. We will respond to valid DMCA notices in accordance with applicable law.

6. Prohibited Conduct

You agree not to:

•       Use the Website for any unlawful purpose or in violation of these Terms

•       Attempt to gain unauthorized access to any portion of the Website or its related systems

•       Interfere with or disrupt the integrity or performance of the Website

•       Use automated tools such as bots, scrapers, or crawlers to access the Website without our written permission

•       Impersonate any person or entity or misrepresent your affiliation with any person or entity

•       Collect or harvest personal information of other users without their consent

•       Use the Website to send unsolicited communications (spam)

•       Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website

7. Third-Party Links and Services

The Website may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Accessing third-party sites is at your own risk.

8. Disclaimers

THE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We make no representations or warranties regarding the accuracy, completeness, or reliability of any content on the Website, including User Content.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE OPERATORS, THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our total liability to you for all claims arising out of or relating to these Terms or your use of the Website exceed one hundred dollars ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless the Website operators and their affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

11. Privacy

Your use of the Website is also governed by our Privacy Policy, available at www.RememberingMatthewsArena.com/privacy-policy. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

12. Children’s Use

The Website is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use the Website or provide any information about yourself. If we learn we have inadvertently collected personal information from a child under 13, we will delete it promptly.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Website shall first be submitted to good-faith negotiation between the parties.

If negotiation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Boston, Massachusetts, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

14. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Effective Date” at the top of this page. We may also provide notice through the Website or by email. Your continued use of the Website after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Website.

15. Termination

We reserve the right to suspend or terminate your access to the Website at our sole discretion, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive will survive, including intellectual property provisions, disclaimers, indemnification, and limitations of liability.

16. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Website operators with respect to your use of the Website and supersede all prior or contemporaneous agreements, representations, and understandings.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at:

www.RememberingMatthewsArena.com

Email: northeastern@gocollectu.com