National Aviary

Terms and Conditions

Welcome to NorthSideNow.com! NorthSideNow.com (the “Website”) is a website owned and operated by the North Side Cultural Collaborative, Inc. (“NSCC”). Its purpose is to provide a forum for publishing and publicizing entertainment, educational, sports, cultural, community and similar events hosted by North Side cultural institutions, educational institutions, entertainment venues, businesses and community groups. The Website’s services include event calendaring, posting descriptions of events, advertising and links to third party websites (“Services”).

 

Acknowledgement of Terms. This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and NSCC for the posting events and other information to the Website, or the use of any Software ("Software"), Services, and Content ("Content," including “User Content” as discussed below) necessary to support the use of the Website. By clicking on the “I Agree” button attached to this Agreement, you agree that you have read and understood this Agreement, and fully agree to be bound by all of the terms and conditions in this Agreement, which may be modified from time-to-time by NSCC.

 

Eligible Events: You must be a member of NorthSideNow.com to post an event. Events eligible for posting are entertainment, educational, sports, cultural, community and similar events which are occurring or will occur on the North Side of the City of Pittsburgh or which are hosted by a cultural institution, educational institution, entertainment venue, business or community group residing on the North Side (“Eligible Events”). By “post,” NSCC means posting, uploading, sharing, submitting or otherwise providing User Content (as that term is defined below) in any manner in connection with the Services. Please note that the NSCC retains full discretion to determine what is an Eligible Event for the purposes of permitting a post on the Website, and may deny posting of an event or remove a posted event should NSCC determine that the event is not an “Eligible Event.”

 

Membership in NorthSideNow.com: Cultural institutions, educational institutions, entertainment venues, businesses and community groups which reside on the North Side of the City of Pittsburgh are all eligible to be members of NorthSideNow.com. Membership cost is $25.00 per year ($10.00 per year for community groups). Membership permits a member to post an unlimited number of events throughout the membership term. There do exist advertising opportunities and higher levels of sponsorship which feature additional benefits. For more information on these advertising and sponsorship opportunities, contact us at info@northsidenow.com. Please note that NSCC retains full discretion over determining membership qualifications, including whether a member or proposed member is a cultural institution, educational institution, entertainment venue, business or community group or whether that entity resides on the North Side. NSCC may therefore, within its full discretion, decline membership to any prospective member or revoke membership should it determine that the member or prospective member does not meet membership qualifications.

 

User Content: Any and all information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials (including information about events, venues, performers and the like) posted to the Website by members for public viewing shall hereinafter be referred to as “User Content.” Members are solely responsible for any User Content they post to the Website, and the consequences of posting or publishing it.

 

Restrictions on User Content and Member Conduct:

 

Members may not:

  1. use the Services or Website for any illegal purpose;

  2. submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
  3. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
  4. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
  5. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  6. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  7. impersonate anyone else or lie about your affiliation with another person, event or entity;
  8. use meta tags or any other "hidden text" (including, but not limited to "hidden text" utilizing any of our or our suppliers' product names or trademarks);
  9. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;
  10. interfere with or disrupt our website or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
  12. collect or gather other people's Personally Identifiable Information (including account information) from our Service;
  13. submit User Content which disparages us or our partners, vendor or affiliates; or
  14. solicit, for commercial purposes, any users of our Service.

 

NSCC has the right, but not necessarily the obligation, in its sole discretion to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

 

Intellectual Property Rights in User Content: If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Services without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Service a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service. These grants will continue in effect even if you stop using the Service or delete your account.

 

User Content you Share becomes Public: You understand that once you post User Content, it becomes public. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see your User Content, don't post it on the Service. Even after User Content is deleted from the Website, it may remain publicly accessible through third party search engines or elsewhere.

 

We Are Not Responsible for Content: We generally do not review any of the User Content posted by our members. We do not endorse any Content, including User Content, or support any views, opinions, recommendations, or advice that may be in user submissions. Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any Content feed or user submission. You may be offended by Content that you see on the Website. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Website, including your exposure to Content.

 

Accounts; Passwords; Security: When you are setting up your membership account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a false name or false contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We reserve the right to refuse access to the Service or to delete accounts created by users who appropriate the name, likeness, email address or any other Personally Identifiable Information of another individual. "Personally Identifiable Information" means any information which may be used to identify, or be associated or linked with, an individual. You may not use someone else's account without permission.

 

Privacy Policy: NSCC has a Privacy Policy that explains to members and other users of the Webiste how their Personally Identifiable Information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.northsidenow.com/privacy. Your use of the Service signifies acknowledgment of and agreement to our Privacy Policy.

 

Term and Termination. This Agreement takes effect upon your access and use of the Website, Services, Software, or Content and automatically terminates if any of the following occur: 1) you fail to comply with a term, condition, or other obligation; 2) you cease use of the Website, Services, Software, and Content; or 3) NSCC chooses to terminate this Agreement with or without cause.

 

Entire Understanding: This Agreement, together with NSCC’S Privacy Policy, constitutes the entire understanding between you and NSCC regarding the Website, Services, Software, and Content and supersedes and replaces any and all prior or contemporaneous agreements between you and NSCC.

 

Amendments. NSCC will post online any changes to its Privacy Policy and this Agreement. You can determine the date of the last change by noting the effective date of these documents. Your continued access to and usage of the Website or use of the Services, Software, or Content signifies your agreement to any such modifications to the Privacy Policy and this Agreement. We encourage you to periodically review the Privacy Policy and this Agreement. You may at any time print, download and/or store a copy of the Privacy Policy and this Agreement.

 

Intellectual Property. The Website, Services, Content, and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, and Content, contain proprietary information protected under United States and international copyright, trademark, and trade secret laws, where applicable. Except as expressly authorized in writing by NSCC in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever.

 

NSCC grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Content, or Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Content, or Software. You agree not to access the Website, Services, Content, or Software by any means other than through the interface that is provided by NSCC for doing so.

 

NSCC'S tradenames and design marks are trademarks and/or service marks ("Marks") of NSCC. No display or use of such marks may be made without the express written permission of NSCC.

 

NSCC respects the intellectual property rights of others. If you believe that the Website, Services, Content, or Software or any other activity taking place on or in connection with the Website constitutes infringement of a work protected by applicable intellectual property laws, please notify us so that we may respond to any such concerns by contacting us by first class mail at the address provided below:

 

North Side Cultural Collaborative, Inc.
809 Middle Street
Pittsburgh, PA 15212
or by e-mail at info@northsidenow.com.

 

Links to Other Websites. The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by NSCC of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. YOU ACKNOWLEDGE AND AGREE THAT NSCC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, ARE NOT RESPONSIBLE FOR ANY CLAIMS, DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE USE OF ANY THIRD-PARTY SITES, OR FROM THE PRODUCTS, CONTENT, MATERIAL OR INFORMATION PRESENTED BY OR AVAILABLE THROUGH THOSE SITES.

 

Representations and Warranties. YOU REPRESENT AND WARRANT THE FOLLOWING: 1) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT, IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A THIRD PARTY, THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH THIRD PARTY TO THE TERMS OF THIS AGREEMENT; AND, 2) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT.

 

Disclaimer of Warranties. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT. ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

 

NSCC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DO NOT WARRANT THAT THE WEBSITE, SERVICES, SOFTWARE, OR CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE, SERVICES, SOFTWARE, OR CONTENT, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

 

Limitation of Liability. IN NO EVENT SHALL NSCC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY SERVICES OR CONTENT OR SOFTWARE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NSCC, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, SERVICES, OR SOFTWARE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT SERVICES, OR SOFTWARE, CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT, SOFTWARE, AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

 

Choice of Law and Venue. This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County located in the Commonwealth of Pennsylvania.

 

Waiver. The failure of NSCC to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision.

 

Successors and assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns.

 

Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely:1) Intellectual Property; 2) No Export, 3) Links to Other Websites; 4) Representations and Warranties; 5) Disclaimer of Warranties; 6) Limitation of Liability; 7) Severability; 8) Choice of Law and Venue; 9) Waiver; and 10) Survival.

 

Headings. All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.