Terms and Conditions

Last updated: January 15, 2019

Welcome to the website www.artandhealing.org,  (the “Site”) the official website of The Foundation for Art & Healing and the home of the Unlonely Film Festival.   These Terms and Conditions (the “Terms”) govern your use of this Site.  If you do not agree to these Terms you should exit immediately.

  1. General Purpose of the Site

This Site is intended to provide information and resources relating to creative expression and health .   However, the content we provide on this Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition.

If you are thinking about harming yourself or attempting suicide, tell someone who can help right away

  • Call your doctor’s office.
  • Call 911 for emergency services.
  • Go to the nearest hospital emergency room.
  • Call the toll-free, 24-hour hotline of the National Suicide Prevention Lifeline at

1-800-273-TALK (1-800-273-8255) to be connected to a trained counselor at a suicide crisis center nearest you.

  • Ask a family member or friend to help you make these calls or take you to the hospital.

WE DO NOT MONITOR POSTINGS OR EMAILS SENT TO THIS SITE ON AN URGENT BASIS.  WE ARE NOT A SUBSTITUTE FOR MEDIAL TREATMENT OR EMERGENCY INTERVENTION.

  1. Content Provided on the Site

 The Site contains the following types of information:

  • General background about loneliness
  • Suggestions for using creative arts expression as a means to address loneliness
  • Video clips and transcripts of educational programs and conferences sponsored by the Foundation or where members of the Foundation were featured speakers
  • Video clips of appearances of members of the Foundation on television or other public appearances
  • A blog about loneliness, connection, and creative arts expression
  • Signup for our newsletter
  • A donation page
  • General information about the Foundation and its Board and other related issues.
  • Links to our social media pages on Facebook and other sites.

We refer to this information and content as the Site’s “General Content.”

The Site also provides access to the UnLonely Film Festival and the submissions from the most recent Festival.

This includes:

  • Links to the actual submissions from last year’s Festival.
  • The opportunity to comment about any of the Films.
  • Additional links for follow-up activities to help you process and consider each Film.

We refer to this information and content as the Site’s “Film Related Content.”

  1. Your Access to the General Content on the Site

            Visitors to this Site are granted a license to view the General Content for the purposes of learning more about loneliness as well as to learn about specific events and offerings of The Foundation for Art & Healing and, if they desire, to make a donation to the Foundation.

You may retransmit, download and/or  share copies of the General Content for personal use or to share directly with individuals or groups not consisting of more than ten people provided this is not for commercial use by you or the intended recipients.   You are also permitted to share any of the General Content via a link to social media such as Facebook or Twitter without respect to the number of people who may view the General Content.   However, your right to share the General Content is conditioned on your not altering the General Content and to always credit the source of the General Content as the Foundation for Art & Healing.   You are expressly forbidden from deleting any copyright notices relating to the General Content or the name of any author or authors of the General Content you share including the name(s) of the author(s) of the General Content if provided.

Notwithstanding anything to the contrary in this Section 3, under no circumstances may you download, copy, retransmit or use the General Content for any commercial purpose.  For purposes of these Terms, an educational program (whether free or offered for a nominal fee) is a commercial use.

If you wish to make use of the General Content beyond the limited license granted you in this Section 3 you should contact contact@artandhealing.org

Any use of the General Content beyond the scope of the license granted you in Section 3 will be considered an infringement of the Foundation’s copyright in this General Content and can subject you to claims of copyright infringement and to breach of contract for your violation of these Terms.

  1. Your Access to the Film Content

Visitors to this Site are granted a license to stream and view the Film Content for personal use by themselves or in small groups consisting of your friends not to exceed four people.   You may also share links to the Film Content provided that you do not so for any commercial purpose.

Under no circumstances may you (a) download the Film Content to a permanent file or folder on your computer or personal smart device, (b) view the Film Content except by streaming it in the format provided by the Site, (c) alter in any manner the Film Content for any purpose, or (d) make any commercial use of the Film Content. For purposes of these Terms, an educational program (whether free or offered for a nominal fee) is a commercial use.

If you wish to make use of the Film Content beyond the limited license granted you in this Section 4 you should contact contact@artandhealing.org

Any use of the Film Content beyond the scope of the license granted you in Section 4 may subject you to claims by the Foundation for breach of these Terms as well as claims of copyright infringement by the copyright owner in the Film Content.

  1. Content You Post on the Site

The Site offers visitors the opportunity to post their own content either as comments on the Film Content or otherwise.   You represent and warrant that any content you post will be original to you and not copied or derivative of content created by third parties.  This representation and warranty applies to any comments you may make on the Foundation’s Facebook page or other social media pages maintained by the Foundation.

  1. DMCA Policy

            The Foundation respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Foundation will respond expeditiously to claims of copyright infringement committed by content posted by third parties on the Site or on the Foundation’s Facebook page or other social media pages maintained by the Foundation (for purposes of this Section 6 only the Site is defined to include the Foundation’s Facebook page and other social media pages maintained by the Foundation) provided such claims are reported to the Foundation’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Foundation’s Designated Copyright Agent. Upon receipt of Notice as described below, the Foundation will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the Foundation’s Designated Copyright

Agent:

Copyright Agent
The Foundation for Art & Healing
77 Stearns Road
Brookline, MA 02446

Or by E-mail to

DMCA@ArtandHealing.org

  1. Privacy Policy

      The Foundation is committed to providing users a safe space to learn about and discuss loneliness.   Please refer to our Privacy Policy.

  1. Limitation of Liabilities

             The Foundation makes reasonable efforts to ensure that the General Content and the Film Content is accurate and up to date. Nevertheless, your use and browsing of this Site is exclusively at your own risk.

The Foundation makes no warranties, express or implied, with respect to the use of this Site or the General Content or the Film Content.  The Foundation expressly disclaims any express or implied warranty of accuracy or quality and any implied warranty of merchantability, fitness for a particular purpose or non-infringement, and assumes no liability for any errors and/or omissions in any content on the Site.

The Foundation also expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access or browse this Site or download material from this Site.

Under no circumstances shall the Foundation be liable for any indirect, incidental, special, consequential or punitive damages whether in an action in contract or tort (including negligence and strict liability) resulting from its performance or any failure to perform under these Terms, even if the Foundation has been advised of the possibility of such damages. The Foundation’s sole liability hereunder shall never exceed $500.00.

  1. Non-proprietary Treatment of Information You Provide


            Any communication you make with the Foundation via this Site will be treated as non-proprietary. The Foundation is free to use any idea, concept or invention created by you and transmitted to it via this Site, notwithstanding any limiting language you may use when transmitting such information. If you do not want the Foundation to use your idea unless it pays you a fee, or agrees to other terms, do not transmit it to the Foundation via this Site.

  1. Links to Third Party Sites

This Site may contain links to other web sites or frame information from other web sites that are not under the control of the Foundation.  The Foundation is providing these links and/or frames to you only as a convenience.  You should review the terms of use and privacy policy of each site before using it to ensure you are comfortable with those provisions.

The Foundation makes no endorsements, warranties or representations of any kind whatsoever regarding those web sites, including the products, software, materials, services, content or accuracy or appropriateness of content on such linked web sites. Your decision to access any such other web sites shall be entirely at your own risk and discretion. In particular, please note that the policies of other sites linked to the Foundation Site may be materially different than these Terms, including with respect to the use and collection of personal information.

  1. Intended Audience; Local Laws; Dispute Resolution

This Site and the services described on this Site are intended for adult individuals only. The Foundation does not knowingly collect any personally identifiable information about children under the age of 18.

This Site is controlled by the Foundation from its offices within the Commonwealth of Massachusetts, United States. This Site can be accessed from all states in the United States, as well as from other countries. Each of these jurisdictions has laws that may differ from those of the Commonwealth of Massachusetts. By accessing this Site, you agree that all matters relating to access to, or use of, this Site or any other linked web site, shall be governed by the applicable laws of the Commonwealth of Massachusetts and the laws of the United States of America, without regard to the conflicts of laws principles thereof. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts relating to any dispute arising out of your use of this Site.

Your use of this Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the Commonwealth of Massachusetts, United States.

  1. Miscellaneous

The Foundation reserves the right to modify and add to these Terms at any time without prior notice by posting the new terms and conditions on this Site. You should periodically review these Terms for updates. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new terms as indicated above.

If the Foundation, in its sole discretion, determines that a violation of these Terms has occurred, it may pursue any of its legal remedies. However, the failure of the Foundation to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms contain the entire agreement between you and the Foundation relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter hereof.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

  1. Contact/Additional Questions

Please contact us at contact@artandhealing.org if you have any additional questions or comments about the Site.

Foundation for Art & Healing
77 Stearns Road
Brookline, MA 02446

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