Terms of Use Agreement
This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and California Institute of the Arts (“CalArts”), concerning your access to and use of the East of Borneo Web site (“Web site”). The Web site provides original editorial content as well as links to a variety of artistic information (texts, images, videos, audio, multi-media websites) on the internet. It allows users to post their own information and artistic materials, as well as comments with respect to both linked items and material residing on the East of Borneo web site (collectively, the “CalArts Services”). The CalArts Services are free of charge but, CalArts reserves the right to charge fees for the CalArts Services upon notice to you. The CalArts Services are hosted in the United States.
1. Eligibility. By using the CalArts Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the CalArts Services does not violate any applicable law or regulation.
2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, any content you upload to the Web Site (collectively, “Contribution”). When you create, upload or make available a Contribution, you thereby represent and warrant that:
a. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, publicity or trade secret rights of any third party;
b. you have fully complied with any third-party licenses relating to your Contribution, and have done all things necessary to successfully pass through to viewers any required terms;
c. your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
d. your Contribution is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
e. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
f. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
g. your Contribution does not violate any state or federal law designed to regulate electronic advertising;
h. your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
i. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on CalArts’ or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
j. your Contribution does not inundate the Web site with communications or other traffic suggesting no serious intent to use the Web site for its stated purpose;
k. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
l. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by CalArts in its sole discretion.
3. Prohibited Activities. You may not access or use the Web site for any purpose other than that for which CalArts makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by CalArts in CalArts’ sole discretion. Prohibited activity includes, but is not limited to:
a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
b. advertising to, or solicitation of, any user to buy or sell any products or services;
c. transmitting chain letters or junk email to other users;
d. using any information obtained from the Web site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
e. engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
f. interfering with, disrupting, or creating an undue burden on the Web site or the networks or services connected to the Web site;
g. attempting to impersonate another user or person;
h. using the username of another user;
i. selling or otherwise transferring your profile;
j. using any information obtained from the Web site in order to harass, abuse, or harm another person;
k. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Web site on behalf of that person, such as posting blogs or bulletins with a commercial purpose; and
l. using the Web site in a manner inconsistent with any and all applicable laws and regulations.
4. Passwords. When you create an account with the Web site, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
5. Intellectual Property Rights. The content on the Web site, except for all content created by users (“Contribution”), including without limitation, editorial or other content original to the Web site (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CalArts, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Web site are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CalArts reserves all rights not expressly granted in and to the Web site and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by CalArts, including any use, copying, or distribution of third parties’ materials obtained through the Web site for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Web site or the Materials therein.
6. CalArts’ Right to Manage the Web site and Terminate Users.
6.1 CalArts Web site Management. CalArts reserves the right but does not have the obligation to: (a) monitor the Web site for violations of this Agreement; (b) take appropriate legal action against anyone who, in CalArts’ sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in CalArts’ sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any CalArts policy; (d) in CalArts’ sole discretion and without limitation, notice or liability to remove from the Web site or otherwise disable all files and content that are excessive in size or are in any way burdensome to CalArts’ systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the Web site in a manner designed to protect the rights and property of CalArts and others and to facilitate the proper functioning of the Web site.
6.2 CalArts’ Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CALARTS RESERVES THE RIGHT TO, IN CALARTS’ SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEB SITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
7. Term. This Agreement shall remain in full force and effect while you use the CalArts Services or are a User. You may terminate your use or participation at any time, for any reason, by following the instructions on the Web site. CalArts may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16.
8. Non-commercial Use by Users. The CalArts Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CalArts. You shall not do the following without the express written consent of CalArts: (a) make any unauthorized use of the CalArts Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the Web site.
9. Copyright Policy. CalArts will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the Web site infringes upon your copyrights, you may submit a notification pursuant to the CalArts Digital Millennium Copyright Act (“DMCA”) Notice [insert link to DMCA Notice Page].
10. Modifications. CalArts may modify this Agreement from time to time. CalArts will alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the Web site. You agree to be bound to any changes to this Agreement when you use the CalArts Services after any such modification is posted. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
11. Disputes Between Users. You are solely responsible for your conduct. CalArts reserves the right, but has no obligation, to monitor disputes between you and other Users.
12. Disputes with CalArts. All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach) or your access to or use of the Materials, Contributions and Web site, including without limitation your or others’ downloading or consumption of Materials or other materials available by means of the Web site or third party Web sites, your uploading Contributions to the Web site, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the rules of the American Arbitration Association. Notwithstanding the foregoing, you and CalArts will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights. In the event of litigation to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and exclusive venue of the state and federal courts located in Los Angeles, California. This Agreement will be interpreted exclusively by California law.
IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS AFTER REGISTERING WITH THE WEB SITE BY SENDING US AN EMAIL AT HELP [AT] EASTOFBORNEO [DOT] ORG. IF YOU NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOU MAY CONTINUE TO USE SOME PORTIONS OF THE WEB SITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELLED AND YOU WILL NOT BE ABLE TO USE THE INTERACTIVE FEATURES OF THE WEB SITE. IF YOU ELECT TO CONTINUE USING THE WEB SITE AFTER GIVING CALARTS SUCH NOTICE, YOU AGREE TO ACCEPT ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION.
13. Disclaimers. CalArts cannot control the nature of much of the content available on the Web site. By operating the Web site, CalArts does not represent or imply that CalArts endorses any blogs, Contributions or other content available on or linked to by the Web site, including without limitation content hosted on third party Web sites, or that CalArts believes Contributions, blogs or other content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEB SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CALARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. CALARTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. CALARTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CALARTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. CALARTS SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation on Liability. IN NO EVENT SHALL CALARTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CALARTS SERVICES OR THE WEB SITE, EVEN IF CALARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALARTS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CALARTS FOR THE CALARTS SERVICES DURING THE TERM OF YOUR USE OF THE WEB SITE.
15. Indemnity. You agree to defend, indemnify and hold CalArts, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Contributions, use of the CalArts Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the CalArts Web site or through the CalArts Services causes CalArts to be liable to another.
16. Other. This Agreement constitutes the entire agreement between you and CalArts regarding the use of the CalArts Services. The failure of CalArts to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.