Part I - Introduction
A. User Benefits: Access to CA+T content and services. Presently CA+T offers art and literature review, comment and commentary as described on the CA+T Website. Such services are subject to change without notice.
B. User Requirements: The following criteria must be met by every User applying to use the CA+T Website: User must not breach the terms and conditions of this Agreement.
Part II - General Terms
A. Use and Security
2. TERM: The following shall hereinafter be referred to as the “Term.” The term of this Agreement shall start upon the User Application Date and shall continue in perpetuity provided that there are services, disputes, benefits, or confidential information between CA+T and User or User and any other User. The Term of CA+T Benefits shall be on a month-to-month basis, commencing on the date of the User Application Date and ending on the last day of the same month, unless User shall request, and CA+T shall agree to the continuation of CA+T Benefits into the next month (“CA+T Benefits Term”). In no event shall the CA+T Benefits Term extend beyond the User Termination Date.
To become a CA+T member, you need to register with CA+T. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete. CENTER FOR ART AND THOUGHT has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current or incomplete.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify CA+T of any unauthorized use of your password or username or any other breach of security.
You acknowledge that CENTER FOR ART AND THOUGHT may establish general practices and limits concerning use of CA+T, including without limitation the maximum number of days that messages, art and literary submissions, data, comments, or other uploaded content will be retained by CA+T, the maximum number of messages or other content that may be sent from or received by an account on CA+T, the maximum size of any message or other content that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on CA+T servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access CA+T in a given period of time. You agree that CENTER FOR ART AND THOUGHT has no responsibility or liability for the deletion or failure to store any messages, art and literary submissions, data, comments, or other uploaded content maintained or transmitted by CA+T. You acknowledge that CENTER FOR ART AND THOUGHT reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that CENTER FOR ART AND THOUGHT reserves the right to modify these general practices and limits from time to time.
6. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, and designs of all CENTER FOR ART AND THOUGHT or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to CENTER FOR ART AND THOUGHT or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of CENTER FOR ART AND THOUGHT or any third party.
7. Prohibited Uses Generally
Without limiting the foregoing, you agree not to:
a) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
b) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
c) use automated scripts to collect information from or otherwise interact with the Service or the Site;
d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
d) upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
e) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
g) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
i) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
j) upload, post, transmit, share or otherwise make available any material 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;
k) intimidate or harass another;
l) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
m) use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
n) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
8. STATE, LOCAL AND NATIONAL LAW: This Website is not available in any state, county, city, precinct, country or area where access to this Website may violate laws in such area. User shall bear responsibility to verify that this Website does not violate any law of User's place of residence.
9. CA+T WEBSITE PRIVACY STATEMENT: The Privacy Statement on the CA+T Website is hereby incorporated herein and made a part hereof.
10. REMEDIES: If CA+T breaches any covenant or condition of this Agreement, User acknowledges and agrees that User's sole remedy shall be an action at law to recover payments and/or monetary damages, pursuant to the mediation and arbitration rules herein. In no event shall any of the obligations of CA+T under this Agreement, or any breach there of, create a right of rescission or right to injunctive or other equitable relief in User.
11. LIMITATION ON REMEDIES: In no event shall the total liability of CA+T in connection with any obligations provided for herein with the User exceed the Annual Fee received by CA+T from such single User for the single year in which such liability first arose. In addition, in no event shall the total liability of CA+T Preferred Providers in connection with any obligations provided for herein with the User exceed the total amount of money paid directly by User to such CA+T Preferred Provider.
12. NOTICES: All checks and notices from CA+T to User shall be sent to User by certified mail return receipt requested at the address provided below. All notices shall be deemed given upon deposit in the ordinary course of the U.S. mail by the method specified above.
Center For Art And Thought
4470 West Sunset Blvd, #603
Los Angeles, CA 90027
13. ASSIGNMENT: CA+T may assign, license, transfer or otherwise dispose of this User Agreement, and any of the rights, licenses, privileges or property conveyed, in whole or in part; it being acknowledged, however, that all rights, duties and obligations of the User hereto are personal and non assignable.
14. CREDIT: User shall not be provided any credit in any form for use or reuse of User content placed on Website or otherwise submitted to CA+T, unless specified by an agreement signed by Center For Art And Thought and User.
15. CONFIDENTIALITY: User agrees that he/she will not, whether during the term of this Agreement or thereafter, use any material or information provided to User by CA+T in any manner other than in the completion of his/her obligations under this Agreement. User further agrees not to disclose to any third party any confidential information provided by CA+T, including the terms of this Agreement.
16. RELATIONSHIP OF PARTIES: Neither the User nor its employees or agents shall be deemed to be CA+T's employees, agents, or contractors. Nothing in this agreement is intended to, or shall be deemed to, constitute a partnership or joint venture between the parties. Neither party shall incur any debts or make any commitments for the other.
17. ARBITRATION: In the event of a dispute between the parties hereto, the parties agree to submit such dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator with knowledge of the entertainment industry, in the City of Los Angeles, California. The arbitrator must be approved by CA+T in writing. The aggrieved party shall file a notice to arbitrate with the American Arbitration Association, whose rules and procedures shall govern such arbitration. The language of the arbitration shall be English. The award of the arbitrator may be entered in any court of competent jurisdiction for enforcement. All costs of the arbitration, including reasonable outside attorneys fees and other out-of pocket expenses of the parties, whether or not such expenses might be deemed recoverable costs of litigation under the California Rules of Court, shall be awarded and apportioned by the arbitrator to the party or parties that prevail in the arbitration. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators will have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages, and any award hereunder against CA+T shall be subject to the Limitation On Remedies provision and the Waiver Of Claims provision herein, except as may be required by statute.
18. RIGHT TO COUNSEL: User expressly understands that User has the right to seek separate counsel in respect to this Agreement, and that CA+T has advised User to do so. By executing this Agreement User warrants and represents that User has obtained the advice of separate counsel, or has voluntarily waived such right.
19. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated.
20. TERMINATION: It is understood by User that CA+T may terminate User's services at any earlier date than those specified above for breach of any provision of this agreement without notice.
21. WAIVERS: All rights of the parties are separate and cumulative, and no one of them, whether exercised or not, shall be deemed to be to the exclusion of any other rights and shall not limit or prejudice any other legal or equitable rights or remedies which the parties may have. The parties shall not be deemed to waive any of their rights or remedies under this Agreement, unless such waiver is in writing and signed by the party to be bound. No delay or omission on the part of either party in exercising any right shall operate as a waiver of such right or any other right or remedy. A waiver on any one occasion shall not be construed as a bar to or waiver of any right or remedy on any future occasion.
22. WAIVER OF CLAIMS: User hereby waives and relinquishes any rights or remedies at law, in equity or otherwise, and further releases CA+T and CA+T's employees, agents, successors, licensees, and assigns from, and covenants not to sue CA+T, or any of them, with respect to any claim, cause of action, liability or damage of any nature whatsoever arising out of or in connection with the exercise of any provision herein. The aforesaid waivers are hereby made by User, both on User's own behalf and on the behalf of User's heirs.
23. FORCE MAJEURE: “Force Majeure” means any fire, flood, earthquake, or public disaster; strike, labor dispute or unrest; embargo, riot, war, insurrection or civil unrest; any act of God, any act of legally constituted authority; or any other cause beyond CA+T's control which would excuse CA+T's performance as a matter of law. If by reason of force majeure, CA+T's performance hereunder is delayed, hampered or prevented, then any required performance by CA+T herein shall be extended for the amount of time of such delay or prevention up to a maximum of six months.
24. GOVERNING LAW/ JURISDICTION: This Agreement shall be governed by, and construed, in accordance with the laws of the State of California, applicable to contracts entered into and to be fully performed therein. If for any reason the Arbitration provision herein shall be held to be unenforceable by a court of competent jurisdiction, then such dispute or controversy shall be adjudicated in the Federal and/or State courts located in Los Angeles, California, which such courts shall have exclusive jurisdiction over any claims arising hereunder. Nothing herein shall serve to prevent enforcement of binding Arbitration upon the parties as provided in this Agreement, nor to in any way contradict the Agreement executed by the parties regarding Arbitration in Los Angeles, California.
25. AMENDMENT MUST BE IN WRITING: This Agreement contains the full and complete understanding between the parties, supercedes all prior agreements and understandings, whether written or oral, pertaining thereto, and cannot be modified except by a written instrument posted to the Website by CA+T.
Recipient will not use any information about the CA+T service for any purpose except to evaluate the service and provide feedback to CA+T. Recipient will not disclose any information about the CA+T service including but not limited to features, content, screen shots, members to any third party. This restriction will survive until the CA+T service becomes publicly known and is made generally available through no action or inaction of the user.
A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and CENTER FOR ART AND THOUGHT and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
28. U.S. Export Controls.
Software available in connection with CA+T is further subject to United States export controls. No Software may be downloaded from the CA+T Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
29. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide CENTER FOR ART AND THOUGHT's Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available, so that CENTER FOR ART AND THOUGHT may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
CENTER FOR ART AND THOUGHT's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Center For Art And Thought – Copyright Agent
The Address Provided in Clause 12 Herein
CENTER FOR ART AND THOUGHT will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
A. Definitions: The following definitions are referred to throughout the Agreement:
a) “Annual Fee” - You acknowledge that CA+T reserves the right to charge for the CA+T Services and to change its fees from time to time in its discretion.
At no time will you be charged without your prior knowledge and explicit consent.
b) “User Termination Date” – Refers to the date upon which all CA+T Benefits will cease for User.
c) “CA+T Benefits” – Any of the enumerated benefits that a User may become eligible for under this Agreement, as found in Part I, section A. of this Agreement.
d) “CA+T Website” or "Website" – The website that CA+T maintains as the principal source of communication between CA+T and User. Presently the CA+T Websites are www.centerforartandthought.org, www.centerforartandthought.com, www.centerforartandthought.net.
e) “User” – A person who has agreed to the terms of this Agreement and complied with the terms required by CA+T to become a User.
f) “User Application Date” – The first day of the month in which User completes the User Application Form on the CA+T Website and pays the Annual Fee in full, if any.
g) “User Application Form” – The form maintained on the CA+T Website that is designated by CA+T as the principal place for Users to apply to gain access to the CA+T Website.
h) “User Services Date” – The first day of the month in which User becomes eligible for a specific CA+T Benefit and CA+T, or an affiliate or partner of CA+T, shall agree to provide such benefit to User.
C. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." CENTER FOR ART AND THOUGHT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. CENTER FOR ART AND THOUGHT DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CENTER FOR ART AND THOUGHT DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY CENTER FOR ART AND THOUGHT, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CENTER FOR ART AND THOUGHT OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
CENTER FOR ART AND THOUGHT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND CENTER FOR ART AND THOUGHT DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES; (e) AND MAKES NO IMPLIED WARRANTIES OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE AND CA+T BENEFITS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE CA+T BENEFITS OR WEBSITE.
ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY CENTER FOR ART AND THOUGHT. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.
IN NO EVENT WILL CENTER FOR ART AND THOUGHT OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE CENTER FOR ART AND THOUGHT FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CENTER FOR ART AND THOUGHT has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, CENTER FOR ART AND THOUGHT's liability in such jurisdictions shall be limited to the extent permitted by law.
User hereby warrants that it has the right and authority to enter into this Agreement and to agree to the terms agreed to by it herein; that the consent of no other person, firm, corporation or otherwise is required to enable User to participate in the User activities as described herein and that such participation will not violate the rights of any kind of any third parties.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
1. Any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. CENTER FOR ART AND THOUGHT does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, you agree that CENTER FOR ART AND THOUGHT shall be free in perpetuity to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information.
You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
(a) is copyrighted, unless you are the copyright owner;
(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(c) reveals a trade secret, unless you own it;
(d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, or embarrassing to any other person or entity as determined by CENTER FOR ART AND THOUGHT in its sole discretion;
(e) is illegal or otherwise objectionable;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
2. By using this site, you understand and agree that CENTER FOR ART AND THOUGHT may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that CENTER FOR ART AND THOUGHT may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of CENTER FOR ART AND THOUGHT or any third party.
3. USER SUBMISSIONS AND CONCEPTS
I (User) agree that all material, ideas, comments, images, audio, video, text, messages and content of any type, and irrespective of whether such content has been copyrighted or trademarked, are submitted pursuant to the following terms and conditions, and that access to this website is granted subject to my express agreement to the following terms and conditions:
a. I (User) acknowledge that because of your position in the industry you (CA+T) receive numerous submissions of material, ideas, comments, images, audio, video, text, messages concepts, synopsis, treatments, scripts, ideas, formats, plots, characters or other intellectual property ("materials") and that many such submissions heretofore or hereafter received by you are similar to or identical to those developed by you or your employees or otherwise available to you. I understand that I will not be entitled to any compensation because of the use by you of any such similar or identical material. I acknowledge that no fiduciary or confidential relationship now exists between you and me, and I further acknowledge that no such relationships are established between you and me by reason of this agreement or by reason of my submission to you of said material.
b. I will indemnify you from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys' fees and punitive damages) that may be asserted against you or incurred by you at any time in connection with said material, or any use thereof, including without limitation those arising from any breach or alleged breach of the warranties and promises given by me herein.
c. I have retained at least one copy of said material, and I release you from any and all liability for loss or other damage to the copies of said material submitted to you hereunder.
d. I hereby acknowledge and agree that there are no prior or contemporaneous oral agreements in effect between you and me pertaining to said material, or pertaining to any material (including, but not limited to, agreements pertaining to the submission by me of any material).
e. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof omitted shall remain in full force and effect. This agreement shall at all times be construed so as to carry out the purposes stated herein.
f. I hereby state that I have read and understand this agreement and that no oral representations of any kind have been made to me and that this agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both of us.
4. Use of Users Name or Likeness
CA+T may use and authorize others to use User's name, likeness and biographical material about User for any and all publicity and institutional promotional purposes, including but in no way limited to books, movies, television programs, audio visual materials, online or internet products and merchandise, or any other product, service, or intellectual property of any kind; provided, however, that no direct endorsement by User of any third-party product shall be used without User's written consent.
5. Third-Party Content and Links to Third-Party Web Sites
The Site may contain third-party owned content and links to other websites ("Linked Sites"), including but not limited to Issuu.com, PayPal.com, Facebook.com, Tumblr.com, Vimeo.com, and Twitter. CENTER FOR ART AND THOUGHT does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites, unless otherwise specified herein. In addition, Linked Sites are not under the control of CENTER FOR ART AND THOUGHT, and CENTER FOR ART AND THOUGHT is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. CENTER FOR ART AND THOUGHT is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by CENTER FOR ART AND THOUGHT in favor of any third party.
6. Information Collected
When you register with CA+T, you provide us with certain personal information, such as your name, your email address, your spoken and learning languages, your gender, and any other personal or preference information that you enter.
When you use CA+T, you may set up your personal profile, form relationships, send messages, perform searches and queries, enroll in events and courses, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
You can choose not to provide this information to us, but in general some information about you is required in order for you to register and participate in the features offered through the Site.
If you choose to use our invitation service to tell a friend about our site, we will ask you for your friend's email address. We will automatically send your friend an email inviting him or her to visit the site. CA+T may attempt to send invitations more than once. CA+T stores this information to send email, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at by the method provided in the website to request that we remove this information from our database.
We automatically collect some information about your computer when you visit the Site. For example, we will collect your IP address, Web browser software (such as Netscape Navigator or Internet Explorer), and referring web site. We also may collect information about your activity on this Site. One of our goals in collecting this automatic information is to help improve your user experience.
Finally, when you visit the Site, we may assign your computer a "cookie" (a small, unique identifier text file) to remember who you are. For example, if you register on the Site, we may record your username in a cookie for verification purposes. We also may include other information in our cookie files; for example, if you arrived at our Site via a link from third party site, we may include the URL of the linking page.
Please note that, at this time, the Site is not designed for children under 18 years old. Accordingly, CENTER FOR ART AND THOUGHT will not knowingly collect or maintain personal information from children under 18 through the Site.
7. Use of Personal Information
Please review "Your choices with respect to the Collection and Use of Personal Information" below.
8. Disclosure of Personal Information
We display your profile information (minus your email address and password) to people browsing for friends, and to support other Site functions. We also may disclose your personal information to the following entities:
(a) Third-party vendors who provide services or functions on our behalf, including customer service, business analytics, marketing, and services to us in connection with operating the Site. These companies have access to personal information needed to perform their functions and are not permitted to share or use the information for any other purpose.
(b) To business partners with whom we may jointly offer a product or service offering. Please note that we do not control the privacy practices of these third-party business partners;
(c) When advisable or necessary to conform to legal and regulatory requirements;
(d) As necessary, in CENTER FOR ART AND THOUGHT's sole discretion, to protect the perceived rights, safety and property of CENTER FOR ART AND THOUGHT, users of the Site, and the public; and
(e) In connection with a change of control or operations, including without limitation in any merger, acquisition, reorganization, restructuring or any other transfer of CENTER FOR ART AND THOUGHT's assets, or a transfer of the Site operations.
Please note that when you provide CENTER FOR ART AND THOUGHT with personal information through the Site, the information will be housed on servers located in the United States.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors to the Site. This information does not contain any personal information and is most often used to develop content and services that we hope you find of interest.
Please keep in mind that whenever you voluntarily disclose personal information online, that information can be collected and used by others. By posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.
10. How You Can Contact Us
Center For Art And Thought – Privacy Officer
The Address Provided in Part II – General Terms, Section A, Clause 12 Herein
11. Access To Personal Information
You may obtain a copy of any personal information about you that you provide through the Site or otherwise request that CENTER FOR ART AND THOUGHT update or make changes to such personal information by contacting us through the method provided in the website.
12. Your Choices With Respect To The Collection and Use of Personal Information
(a) As noted above, you can choose not to provide CENTER FOR ART AND THOUGHT with personal information, although it may be needed to register as a member on the Site and to participate in certain features offered through the Site.
(b) You can access or update your personal information by sending an email or contacting us through the method provided on the website.
(c) You may stop the delivery of email communications by following the instructions accompanying a particular communication or by contacting us through the method provided on the website.
(d) The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
While no website can guarantee security, CENTER FOR ART AND THOUGHT has implemented appropriate administrative, technical, and physical security procedures to help protect personal information. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions.
14. Children Under 18
As noted above, the Site is not intended for use by children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond directly to that child to inform him or her that the Site is not intended for children under the age of 18 and we will delete that information from our records. If you believe that we might have any information from or about a child under 18, please contact us through the method provided on the website.
15. Third Party Websites
16. Third Party Advertising
PART IV – AGREEMENT TO TERMS
User expressly agrees to the terms and conditions of this Agreement by using the Website. User understands that all of CA+T’s services, obligations, and agreements herein are expressly conditioned upon User’s full and complete agreement to be bound by the terms and conditions of this Agreement.