Last revised: August 1, 2017

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS A USER OF THE ICATEENS.ORG WEBSITE (“USER” OR “YOU”) AND THE INSTITUTE OF CONTEMPORARY ART, INC. (“ICA” OR “WE”). THIS USER AGREEMENT, TOGETHER WITH THE ICATEENS PRIVACY POLICY AND ALL APPLICABLE ICA AGREEMENTS, RULES AND POLICIES CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND ICA REGARDING YOUR MOBILE AND ONLINE ICATEENS EXPERIENCE. BY ACCESSING OR USING THE ICATEENS WEBSITE YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE ICATEENS WEBSITE.

NOTE THAT DISPUTES ABOUT THIS AGREEMENT OR RELATING TO THE ICATEENS WEBSITE GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. See Section 24 of this Agreement for more details.

1. Description of ICATeens Website and Service

ICA, a nonprofit corporation, offers a robust variety of exhibitions, music, dance, film, talks, tours, family activities, and teen programming throughout the year. Our primary objective, through the ICATeens Website, is to supply Boston’s youth with the tools to voice themselves in the contemporary world of art – including fostering the developing of young artists, poets/writers, musicians, dancers, filmmakers or others who are simply excited to become more involved in the arts and museums. We offer student groups, programs, classes and workshops teaching a variety of artistic skills at all levels, including the creation of film, video, audio, animation, 3-D design, and digital photography, as well as offer opportunities for students to connect with professional artists and to display their works locally and nationally.

Through the ICATeens Website, Users are able to sign up to participate in one of our classes or events, receive our newsletters, join our Teen Arts Council, and explore local artists and the artist community. The specific features and functionality of the ICATeens Website are dynamic and may change from time to time.

ICA does not guarantee that any of the information provided through its ICATeens Website is accurate or up-to-date. ICA does not own, manage, endorse, advocate for, or operate any of the third party materials or services that may be provided through the ICATeens Website. ICA acts solely as a service to help enrich the local community with access to various aspects of the arts.

2. Scope and Acceptance

Anyone who accesses or uses the ICATeens Website is a “User.” This Agreement sets forth your rights and obligations as a User with respect to your access to and use of the ICATeens Website and use of any and all information or data of any kind arising from access to, or use of, the ICATeens Website, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FROM TIME TO TIME, WITHOUT PRIOR NOTICE (AS FURTHER DESCRIBED IN SECTION 21 BELOW). WE WILL POST MATERIAL CHANGES ON THE ICATEENS WEBSITE, HOWEVER, IT IS YOUR RESPONSIBILITY TO CHECK THIS AGREEMENT PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE ICATEENS WEBSITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.

3. Eligibility and Access

If you are accessing or using the ICATeens Website on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to this Agreement.

The ICATeens Website is not intended or authorized for use by persons under the age of thirteen (13). By using the ICATeens Website, you represent and warrant that you are thirteen (13) years of age or older and that you agree to and agree to abide by all of the terms and conditions of this Agreement. If ICA believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by this Agreement, ICA may, at any time, in its sole discretion, and with or without notice: (i) terminate your access to or use of the ICATeens Website (or any portion, aspect, or feature of it), or (ii) delete any content or information that you have posted through the ICATeens Website.

ICA reserves the right to deny access to the ICATeens Website at our discretion and for any reason, including any breach of this Agreement.

4. Account Information and Security

In order to use certain areas of the ICATeens Website, we may ask you to create an account and select a password and/or provide us with certain personal information. This information will be held and used in accordance with ICA’s Privacy Policy.

You agree that you will provide us with accurate, complete, and updated information on your account. You are responsible for maintaining the security of your account. We recommend that you do not share your account details or your password with others. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY IN YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, INCLUDING CONTENT PUBLISHED OR PURCHASES MADE THROUGH YOUR ACCOUNT.

Please notify us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your account or account password.

5. Privacy Policy.

Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our Users.

6. Operation

We reserve complete and sole discretion with respect to the operation of the ICATeens Website. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the ICATeens Website at any time.

7. Inaccuracies on the ICATeens Website

A possibility exists that the ICATeens Website could include inaccuracies or errors and that additions, deletions, and alterations could be made to the ICATeens Website by unauthorized third-parties. Although ICA attempts to ensure the integrity of the ICATeens Website, it makes no guarantees as to the completeness, correctness, or accuracy of the ICATeens Website or any of the content on the ICATeens Website. If you believe any portion of the ICATeens Website includes an error or inaccuracy, please notify us.

8. Availability of the ICATeens Website

It is not possible to operate the ICATeens Website with 100% guaranteed uptime. ICA will make reasonable efforts to keep the ICATeens Website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the ICATeens Website. In addition, ICA reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the ICATeens Website, with or without notice.

You agree that ICA shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the ICATeens Website.

9. Technical Requirements

Use of the ICATeens Website requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the ICATeens Website, including from any notifications provided by the ICATeens Website. ICA does not guarantee that the ICATeens Website will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the ICATeens Website, and some features and portions of the ICATeens Website (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

10. Trademarks

All company names, logos, and trademarks that may be displayed through the ICATeens Website are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use ICA’s name, logos, trademarks or other intellectual property displayed on the ICATeens Website except as expressly provided herein or by obtaining the written permission of ICA or such other third party owner, as applicable. You acknowledge that ICA will aggressively enforce its intellectual property rights with respect to its intellectual property to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

11. ICA Proprietary Rights

The ICATeens Website is owned and operated by ICA. As between you and ICA, ICA owns and retains all proprietary rights in the ICATeens Website. The hardware, software, content, text, photographs, visual interfaces, interactive features, information, trademarks, logos, graphics, music, design, artwork, compilation, computer code, products, software, services, structure and “look and feel” of this content and all other elements of the ICATeens Website (“ICA Materials”), is owned, controlled or licensed by or to ICA, and is protected by copyright, trade dress, patent, trademark, unfair competition, and other intellectual property laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All ICA Materials, including intellectual property rights therein and thereto, are the property of ICA or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, reproduce, republish, upload, modify, publicly perform or display, encode, translate, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the ICA Materials, without ICA’s express prior written consent. ICA reserves all rights not expressly granted in this Agreement. You shall not acquire any right, title or interest to the ICA Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Agreement. You acknowledge that ICA will aggressively enforce its intellectual property rights with respect to its ICA Materials to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Notwithstanding the foregoing, you may view, download, print, and copy ICA Materials for your own personal, informational use, provided that (i) you do not modify the ICA Materials and (ii) you retain all copyright and propriety notices originally contained in the ICA Materials on any copies.

12. User Feedback

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to ICA with respect to the ICATeens Website shall remain the sole and exclusive property of ICA. ICA shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without credit or compensation to you.

13. Permitted Use

Certain ICA materials on the ICATeens Website are protected by intellectual property laws, including but not limited U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the ICATeens Website that is not expressly designated as being provided by a third party is the property of ICA and its content providers, and ICA and its content providers retain all right, title, and interest in the content.

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the ICATeens Website and related materials solely for your own personal use. Except as expressly provided, all rights are reserved.

You agree not to use the ICATeens Website or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will not do, or attempt to do, any of the following, unless expressly authorized by ICA to do so:

  • alter or modify the ICATeens Website, or make any electronic reproduction, adaptation, distribution, performance, or display of the ICATeens Website, or any portion thereof, except to the extent required for the limited purpose of reviewing material on or interacting with the ICATeens Website;
  • sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the ICATeens Website, or related materials;
  • remove or modify any proprietary notice or labels on the ICATeens Website, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website or application;
  • use the ICATeens Website for any non-authorized commercial purpose or any illegal purpose, including any comparative or competitive research purposes;
  • copy, modify, erase, or damage any information contained on computer servers used or controlled by ICA or any third party;
  • use the ICATeens Website to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable;
  • access or use any password-protected, secure, or non-public areas of the ICATeens Website, or access data on the ICATeens Website not intended for you, except as specifically authorized in writing by ICA;
  • impersonate or misrepresent your affiliation with any person or entity;
  • use any automated means to access or use the ICATeens Website, including scripts, bots, scrapers, data miners, or similar software, or display the ICATeens Website, or portions thereof, in things (e.g., deep linking, framing, scraping, etc.), without our express written permission;
  • attempt to or actually disrupt, impair, or interfere with the ICATeens Website, or any information, data, or materials posted and/or displayed by ICA;
  • attempt to probe, scan, or test the vulnerability of the ICATeens Website or breach any implemented security or authentication measures, regardless of your motives or intent; or

(l) undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the ICATeens Website or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the ICATeens Website other than as intended; or

  • attempt to interfere with or disrupt access to or use of the ICATeens Website by any User, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
  • post any content to the ICATeens Website that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to ICA’s mission; or

(o) use the ICATeens Website in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

14. User Content

ICA may, at our sole discretion, permit Users to post, upload, publish, submit, or transmit photos, diagrams, text, testimonials, reviews, videos, sounds, images, or information (collectively, “User Content”). By making available any User Content on or through the ICATeens Website, you hereby grant ICA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the ICATeens Website. ICA does not claim any ownerships rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the ICATeens Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the ICATeens Website or you have all rights, licenses, consents, and releases that are necessary to grant to ICA the rights in such User Content, as contemplated under this Agreement; (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or ICA’s use of the User Content (or any portion thereof) on, through, or by means of the ICATeens Website will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) all User Content complies with the Permitted Uses enumerated above in Section 13 of this Agreement. In addition, you agree to indemnify ICA for any violation of the ICA Agreement in accordance with the Indemnity provisions below.

You also agree that ICA may, but has no obligation to, review or monitor this User Content and may remove or alter any materials that you submit in its sole discretion at any time for any reason.

15. Third Party Content

The ICATeens Website may contain or display various materials and content from third parties (“Third Party Materials”). The display on or through the ICATeens Website of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by ICA of any third party or any affiliation between any such third party and ICA. Furthermore, in using and accessing the ICATeens Website, you agree that ICA is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. ICA’s display of specific Third Party Materials does not suggest a recommendation by ICA of the third party or any products, services, websites or plans offered. Your interaction with any third party accessed through the ICATeens Website (whether online or offline) is at your own risk, and ICA will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.

The ICATeens Website may also contain references or links to Third Party Materials and websites not controlled by ICA. ICA provides such information and links solely as a convenience to you and such links and references should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that ICA is not responsible for any aspect of the information or content contained in any Third Party Materials or on any third party sites accessible or linked from the ICATeens Website. You agree that ICA is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Materials. If you access, visit, or use any Third Party Materials referred to on the ICATeens Website, you do so at your own risk. For the avoidance of doubt, this Agreement applies solely to the ICATeens Website located at www.icateens.org and does not apply to any third party website that may be accessed via third party links on the ICATeens Website. We encourage you to review the third party agreements of any third party website you choose to access, as their agreements may differ from ours.

16. Disclaimers

16.1 “AS IS” DISCLAIMER. You expressly agree that access to and use of The ICATeens Website IS at your sole risk. The ICATeens Website is provided on an “as is” and an “as available” basis. ICA does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding (a) the ICATeens Website; and (b) any products and services offered through The ICATeens Website, or any portion thereof, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade. ICA makes no representation or warranty that any material, content, products, or services displayed on or offered THROUGH The ICATeens Website are accurate, complete, appropriate, reliable, or timely. ICA also makes no representations or warranties that The ICATeens Website will meet your requirements, or that your access to and use of The ICATeens Website will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

16.2 Articles Disclaimer. This ICATeens WEBSITE may from time to time post articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from ICA or official expressions of ICA. ICA does not warrant, either expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although ICA believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, ICA cannot guarantee that such statements are reliable and accurate and ONE SPIRIT accepts no fault or liability for any error or omission with respect to such articles.

17. Limitation of Liability

To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall ICA or any of its affiliates, partners, officers, employees, agents, contractors, successors, or assignees be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connectiON with (a) the ICATeens Website; or (b) any products and services offered through the ICATEENS WEBSITE, or any portion thereof, even if ICA or any of its affiliates has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

if, Despite the foregoing limitation of liability for damages, a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than one hundred U.S. dollars ($100).

18. Indemnity

You understand and agree that you are personally responsible for your behavior in connection with USE OF the ICATEENS WEBSITE. You agree to indemnify, defend, and hold harmless ICA, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement and any activity related to your use of the ICATEENS WEBSITE.

19. Termination

You agree that ICA may, in its sole discretion and without prior notice, terminate your access to or use of any of the ICATeens Website at any time and for any reason, with or without cause. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to ICA for which monetary damages would be inadequate. You consent to ICA’s obtaining any injunctive or equitable relief that ICA deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies ICA may have at law or in equity. You agree that ICA will not be liable to you or to any third party for termination of your access to, or use of, the Website as a result of any violation of the Agreement or for any reason at all.

20. Copyright Infringement

We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. We may remove material from the ICATeens Website that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on the ICATeens Website without authorization, you may notify our copyright agent at the address below, and provide the following information:

(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner; 

(b) identification of the copyrighted work or works claimed to have been infringed; 

(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears; 

(d) your name, mailing address, telephone number, and e-mail address; 

(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and 

(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed. 

To notify ICA of claimed copyright infringement, please contact us at: 

teen.webmaster@icaboston.org
Institute of Contemporary Art/Boston
25 Harbor Shore Drive
Boston, MA 02210

21. Modifications and Updates

At any time and in ICA’s sole discretion, we may add, delete, or modify this Agreement or the ICATeens Website or any functionality provided through the ICATeens Website without liability to you. If ICA materially modifies these terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the ICATeens Website for the first time after such material changes are made. No modifications to this Agreement will apply to any dispute between you and ICA that arose prior to the date of such modification. Your use of the ICATeens Website after modifications to this Agreement become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of this Agreement, then you agree that your sole and exclusive remedy is to discontinue any use of the ICATeens Website.

ICA may also from time to time provide enhancements or improvements to the features and/or functionality of the ICATeens Website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). All Updates are subject to the terms and conditions of this Agreement. Updates may modify or delete certain features and/or functionalities of the ICATeens Website. You acknowledge and agree that ICA has no obligation to (i) provide any Updates; or (ii) continue to provide or enable any particular features and/or functionalities.

22. Access and Use Where Prohibited

Access to and use of the ICATeens Website are unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this Section.

23. International Use

The ICATeens Website is hosted from the United States, and ICA’s corporate office and activities are located in and directed from the United States. Accordingly, if you access the ICATeens Website from outside the United States, your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

ICA makes no representation that the ICATeens Website or any aspect thereof will be available or appropriate for use in locations outside of the United States. Those who choose to access the ICATeens Website from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. Users are responsible for compliance with all United States export laws and regulations when exporting any products, services, content, or materials provided through the ICATeens Website.

24. Dispute Resolution and Binding Arbitration

24.1 Initial Dispute Resolution Process. ICA intends to resolve any and all disputes that may arise between it and its Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to ICA in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. ICA shall respond within ten (10) business days with identical information from its perspective. You and a representative of ICA shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and ICA mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and ICA fail to resolve the matter, you may then proceed to arbitration as described in Section 24.2 below.

24.2 Arbitration. After failing to mutually settle any disputes as required in Section 24.1, and except for equitable claims, small claims court, and claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any controversy or claim arising out of or relating to this Agreement shall be submitted to and settled through binding arbitration.

  1. The arbitration will be conducted in accordance with this Agreement, the Federal Arbitration Act and the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). In the event of a conflict, the provisions of the AAA Rules will control, except where those Rules conflict with this Agreement, in which case this Agreement will control.
  2. The arbitration shall be conducted before a single arbitrator selected as provided in the AAA Rules and who shall have at least five (5) years of relevant experience. The arbitration shall be commenced and held in the Commonwealth of Massachusetts. No potential arbitrator may be appointed unless he or she has agreed in writing to be bound by these procedures.
  3. To the extent state law is applicable, the arbitrator shall apply the substantive law of the Commonwealth of Massachusetts. The U.N. Convention on Contracts for the International Sale of Goods shall not apply. Any issue concerning the location of the arbitration, the extent to which any dispute is subject to arbitration, the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, and any discovery disputes, shall be resolved by the arbitrator.
  4. Each party will be entitled to reasonable discovery in preparation for the arbitration, including the production of relevant documents and the deposition of witnesses. Any disputes involving discovery shall be heard and resolved by the arbitrator. All objections are reserved for the arbitration hearing, except for objections based on privilege and proprietary or confidential information.
  5. All aspects of the arbitration shall be treated as confidential and neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interests.
  6. The decision of the arbitrator shall be reduced to writing, shall be final and binding on the parties except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction thereof. The arbitrator may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
  7. The arbitrator shall award all costs of the arbitration, including arbitrator’s fees, arbitration filing fees, travel costs of witnesses, costs of depositions and reasonable attorney fees to the substantially prevailing party; provided, however, that if the User is the substantially prevailing party, the User shall bear the costs of its own attorney fees.

24.3 Class Action Waiver. You and ICA agree that any proceedings to resolve or litigate any dispute, whether through a court of law or arbitration, shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or similar action.

24.4 Wavier of Jury Trial. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES ARE GIVING UP THEIR CONSTITUTIONAL RIGHT TO A JURY TRIAL AND, IF APPLICABLE, ANY RIGHTS THEY MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

24.5 Limitations. No action arising out of this Agreement or your access to or use of the ICATeens Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

25. Miscellaneous.

25.1 Applicable Law and Venue. Any action related to this Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to the choice or conflicts of law provisions of any jurisdiction. You and ICA agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the ICATeens Website or this Agreement that are not submitted to arbitration will be exclusively in the federal or local courts with jurisdiction over Boston, Massachusetts. If ICA does take any legal action against you as a result of your violation of this Agreement, ICA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ICA.

25.2 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement between you and ICA, and supersedes any and all prior agreements, negotiations, or other communications between you and ICA, whether oral or written, with respect to the subject matter hereof, and, except as expressly provided herein, cannot be modified except in writing signed by both parties.

25.3 Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

25.4 Waiver. No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

25.5 Assignment. You may not assign, by operation of law or otherwise, any rights or delegate any duties under this Agreement to any third party, including in connection with a merger or change of control, without prior written consent by ICA. Any purported assignment lacking such consent will be void at its inception. ICA may assign all or part of its rights and/or delegate all or part of its duties under this Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the ICATeens Website.

26. Contacting ICA

If you have any comments or questions about the ICATeens Website, please contact us at:

teen.webmaster@icaboston.org
Institute of Contemporary Art/Boston
25 Harbor Shore Drive
Boston, MA 02210
617-478-1000

27. Other

This Agreement is accepted upon your use of the ICATeens Website and is further affirmed by you each time you access or use the ICATeens Website. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

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