Thank you for visiting artsandmedia.net (the “Site”), which is owned and operated by Independent Arts & Media, a 501(c)(3) organization (“IAM”). These Terms of Use govern your use of the Site.

1. Effective Date. These Terms of Use are effective as of December 3, 2014.

2. Your Acceptance of These Terms of Use. These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use. Please do not access or use this Site if you do not agree to the terms and conditions set forth herein.

3. Your Acceptance of IAM’s Privacy Policy. By agreeing to these Terms of Use, you also agree to the terms of IAM’s Privacy Policy, which is expressly incorporated herein by reference. All personal information provided to IAM by you as a result of your use of this Site will be handled in accordance with the Privacy Policy.

4. License to Use the Site. Permission is hereby granted to you to the extent necessary to allow you to lawfully access and use this Site and to display, download or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that, except with the prior express written permission of IAM, (1) you do not modify or create derivative works of the Content; (2) you retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content elsewhere or broadcast the Content in any media.

5. Ownership of This Site and Its Content. This Site, including all content made available on the Site, including, without limitation, software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (the “Content”), is solely owned by IAM and its Affiliates (as defined below) and partners, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and all other applicable intellectual property laws and other laws, including, without limitation, the laws of the United States and other countries. The presence of any Content on this Site does not constitute a waiver of any right in such Content. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of an authorized representative of IAM.

6. Your Feedback. Ownership of any content, materials or feedback you provide to us through this Site, including as comments on IAM blog posts, or by email (“Feedback”) will be and remain your exclusive property. However, in submitting Feedback to IAM, you hereby grant IAM the worldwide, sublicenseable, non-exclusive, royalty-free right and license to use, copy, disclose, display or perform publicly, distribute, improve and/or modify any Feedback you submit for any purpose whatsoever, without restriction and without compensation to you. Do not send to IAM any Feedback for which you are not comfortable granting such a license to IAM.

7. Trademarks. IAM trademarks, names and logos, icons and graphics appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of IAM (the “IAM Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the IAM Marks in any manner without IAM’s prior express written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners.

8. Your Obligations. In consideration of your use of this Site, you agree that, to the extent you provide any information or Feedback to IAM, the content of such information or feedback will be true, accurate, current and complete to the best of your knowledge, that you have the right to submit such Feedback and grant the license to IAM contained herein, and that you will update all information as necessary to correct any known errors or misstatements. If you are an IAM affiliate project (“Affiliate”) who uses the Site for submission of forms, including, without limitation, Regrant Request Forms, you understand and agree that the login password provided to you is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities on the Site under your password, including all information submitted, by you or by anyone else using your password, whether or not authorized by you. You agree to notify IAM immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform IAM of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your password by contacting IAM using the information provided in Section 21 below.

9. Your Use of the Site. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. IAM reserves all rights and remedies available to it.

10. Infringement Notices. IAM respects the rights of intellectual property owners and asks its users and Affiliates to do the same. If you believe any content posted on the Site is infringing your copyright or trademark or the copyright or trademark of any third party, is libelous, or violates the rights of privacy or publicity of you or a third party, please notify IAM in accordance with the following procedure:

All notifications must be in writing and directed to IAM’s designated agent at the following mailing address or email address:

Independent Arts & Media
Attn: Copyright Agent
P.O. Box 420442
San Francisco, CA 94142
Tel: (415) 738-4975
admin@artsandmedia.net

Please make sure to include in each copyright infringement notification the following information:

a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;
b) Specific identification of each copyrighted work claimed to have been infringed;
c) A description of where the material believed to be infringed is located on the IAM Site (e.g. hyperlink);
d) Contact information for the complaining party, including a complete name, address, telephone number, and email address;
e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) 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.

11. DISCLAIMERS. IAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IAM, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IAM, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. IAM DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM IAM OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IAM, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

13. Links to Third-Party Websites. This Site may provide links to other websites operated by third parties. Because IAM has no control over third-party websites, IAM is not responsible for the availability of those websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. IAM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

14. Modification and Discontinuation. IAM reserves the right, from time to time and at any time, to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that IAM shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

15. Waiver. Any failure by IAM at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by IAM of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

16. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

17. Governing Law, Jurisdiction and Venue. These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be brought exclusively in state or federal court in the City and County of San Francisco, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, IAM retains the right to bring legal proceedings in any jurisdiction where IAM believes that infringement of these Terms of Use is taking place or originating.

18. Indemnity. You agree to indemnify and hold IAM and its directors, officers, employees agents, Affiliates, suppliers, licensors and service providers harmless from any loss, liability, claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause IAM to be liable to another. IAM reserves the right to defend any such claim, and you agree to provide IAM with such reasonable cooperation and information as it may request.

19. These Terms of Use May Change. IAM reserves the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” on this Site. These changes will be effective as of the date the revised version is posted on this Site. Your continued use of this Site after the revised Terms of Use have been posted on this Site constitutes your agreement to be bound by the revised Terms of Use.

20. Entire Agreement. These Terms of Use (together with the IAM Privacy Policy) contain the entire understanding and agreement between you and IAM with respect to this Site and supersedes all previous communications, negotiations, and agreements, whether oral, written or electronic, between you and IAM with respect to this Site and your use of this Site.

21. Contact. If you have any questions about this Site or these Terms of Use, please contact IAM at:

Independent Arts & Media
P.O. Box 420442
San Francisco, CA 94142
Tel: (415) 738-4975
admin@artsandmedia.net