The terms and conditions of this Agreement shall govern the relationship between you and ArtCenter with respect to the Sites. By using any of Sites you agree to be bound by the following terms and conditions for use of the Sites.
Content: Consistent with ArtCenterâ€™s policies and regulations, including also ArtCenterâ€™s Intellectual Property Policy, ArtCenter upholds the principles of freedom of speech, the importance of access to information and public dialogue, the rights of authors and artists to protect the integrity of their work, and the right of privacy in the use of electronic resources by our faculty, students, and staff. The ArtCenter website contains official pages relating to the programs and facilities offered at ArtCenter and related administrative business. Some of the Sites also contain Web pages generated by groups or individuals whose expressed views do not necessarily represent the views of ArtCenter, its trustees, faculty, staff,or collective student body.
You may NOT use any of the Sites to:
(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(2) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;
(3) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(4) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party including without limitation, music, lyrics, audio, or audiovisual materials, photos or other images that are the copyrighted property of a third party;
(5) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
(6) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(7) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sites and/or the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
(8) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
(9) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
(10) “stalk” or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent.
Trademarks: ArtCenter College of Designâ„¢, ArtCenter, the ArtCenter logo, and all related trademarks are the property of ArtCenter College of Designâ„¢. ArtCenter names and trademarks may not be used by third parties without the express prior written permission from ArtCenter College of Designâ„¢. Other trademarks, service marks, and trade names used on ArtCenter Web sites are the property of their respective owners.
Illegal Copying: All content included on the Sites, including, but not limited to, text, graphics, logos, buttons, icons, images, and software, is the property of ArtCenter or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display, or performance of the content of the Sites without the express written permission of ArtCenter is strictly prohibited. ArtCenter complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any ArtCenter Web site, please contact the agent designated to respond to reports alleging copyright infringement. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. Â§512(c)(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work claimed to have been infringed; (3) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit ArtCenter to locate the material; (4) Contact information of the complaining party; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Site Usage: The Sites may provide links to third-party Web sites that are not under ArtCenter control. These links are provided for convenience only and unless otherwise expressly stated by ArtCenter, are not intended as an endorsement by ArtCenter of the organization or individual operating those third-party Web sites or a warranty of any type regarding the third-party Web sites or the information on them. Links from a Web site located on an ArtCenter server to a third-party Web site, or references to third-party brands, products, or services do not imply ArtCenterâ€™s endorsement of those Web sites, products, or services.
Postings to ArtCenter Sites: Your posting of material on the ArtCenter Sites or providing material to ArtCenter to use on the Sites will be deemed to be a grant by you to ArtCenter of a license to the material to include the material on the Sites and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARTCENTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR, AS APPLICABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTCENTER MAKES NO EXPRESS WARRANTIES AND YOU WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ARTCENTER OR VIA THE SITES. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN INTERNET COMMUNICATIONS AND TECHNOLOGY AND ARTCENTER DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY ARTCENTER OR ITS REPRESENTATIVES AND/OR VENDORS SHALL CREATE A WARRANTY. ARTCENTER AND ITS FACULTY AND STAFF ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
Jurisdiction: This Agreement is governed by California law without regard to conflict of law provisions. The federal and state courts located in Los Angeles, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Los Angeles, California with respect to such matters or otherwise between you and ArtCenter, and waive your rights to removal or consent to removal.