By uploading any photographs, videos, and/or written materials including, without limitation, captions and stories (collectively, “My Materials”), I certify and acknowledge that I wholly own My Materials or have the right to permit ArtsSLAM.com and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “you” or “your”) to use, edit, publish and otherwise publish My Materials and my name in connection with My Materials without obligation or liability to me or any other party whatsoever. I acknowledge that the staff at ARrtsSLAM.com will choose what gets added to the slam at their own discretion, period.
I represent and warrant that I have the right to enter into this agreement and to grant, without the consent of any third parties, all the rights herein granted; that I have not exclusively granted or assigned or otherwise transferred such rights to any third parties; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the rights granted to you hereunder. I, on behalf of myself, my successors, heirs, representatives and assigns, hereby irrevocably covenant that I will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to claims, actions or suits for invasion of my rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind on account of the exercise by you of any of the rights herein granted or agreed to be granted to you.
I represent and warrant that if any minors appear in My Materials, I am the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minors to grant the rights set forth herein to you on behalf of such minors.
I agree to indemnify and defend you, and hold you harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by me hereunder (including, without limitation, with respect to any claims that I lack the authority to grant all of the rights (including rights of third parties and minors) herein granted). I agree that I will have no rights to terminate or rescind any rights granted to you hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.
IN NO EVENT WILL YOU BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF MY USE OF YOUR WEBSITES OR YOUR REMOVAL FROM YOUR WEBSITES OF, OR DISCONTINUATION OF ACCESS TO, MY MATERIALS. WITHOUT LIMITING THE FOREGOING, YOUR WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH YOUR WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU DO NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF MY INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.
This release is governed by and shall be construed in accordance with the laws of the State of Connecticut, United States of America, without regards to its principles of conflicts of law. In the event of any dispute arising out of or in connection with this agreement or otherwise in connection with your websites or My Materials, such dispute shall be submitted to arbitration in the County of New Haven, State of Connecticut, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of Connecticut, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this agreement, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of this agreement and any other agreements I may enter into with you, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this agreement or any other agreement between you and me, my sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this paragraph, and in no event will I be entitled to seek rescission, or injunctive or other equitable relief whatsoever. For any dispute not subject to arbitration according to this release, I agree to personal jurisdiction by the United States federal and state courts located in New Haven, Connecticuta, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will I be permitted to obtain awards for, and hereby irrevocably waive all rights to claim, punitive, incidental or consequential damages, and I irrevocably waive all rights to have damages multiplied or increased.
I agree that this instrument constitutes my entire agreement and complete understanding and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. I agree also that you are under no obligation to make use of any right or privilege that I have granted to you.
This agreement shall bind my heirs, administrators, representatives, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity in your sole discretion. I may not assign this agreement to any third party, and any purported attempt to do so shall be deemed null and void ab initio.
I give you the foregoing permission with the knowledge and understanding that you will incur substantial expense in reliance thereon. If any part of this 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 intentions of the parties, and the remaining portions shall remain in full force and effect.
We also abide by a strict Content Policy as follows:
ArtsSLAM.com is a service for communication, self-expression and freedom of speech. We believe ArtsSLAM.com increases the availability of information, encourages healthy exchange of ideas, and makes possible new connections between people.
We respect our users’ ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression.
In order to uphold these values, we need to curb abuses that threaten our ability to provide this service and the freedom of expression it encourages. As a result, there are some boundaries on the type of content that can be shared via ArtsSLAM.com. The boundaries we’ve defined are those that both comply with legal requirements and that serve to enhance the service as a whole.
Our content policies play an important role in maintaining a positive experience for you, the users. Please respect these guidelines. From time to time, we may change our content policies so please check back here. Also, please note that when applying the policies below, we may make exceptions based on artistic, educational, documentary, or scientific considerations or where there are other substantial benefits to the public from not taking action on the content.
Child safety: We have a zero tolerance policy towards content that exploits children. Some examples of this include:
- Child pornography: We will terminate the accounts of any user we find publishing or distributing child pornography. We will also report that user to law enforcement.
- Pedophilia: We do not allow content that encourages or promotes sexual attraction towards children. For example, do not create blogs with galleries of images of children where the collection of images or text accompanying the images is sexually suggestive.
Hate Speech: We want you to use ArtsSLAM.com to express your opinions, even very controversial ones. But, don’t cross the line by publishing hate speech. By this, we mean content that promotes hate or violence towards groups based on race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation/gender identity. For example, don’t write a comment or submit artwork saying that members of Race X are criminals or advocating violence against followers of Religion Y.
Crude Content: Don’t post content just to be shocking or graphic. For example, collections of close-up images of gunshot wounds or accident scenes without additional context or commentary would violate this policy.
Violence: Don’t threaten other people in your comments. For example, don’t post death threats against another person or group of people and don’t post content encouraging your readers to take violent action against another person or group of people.
Copyright: It is our policy to respond to clear notices of alleged copyright infringement. Also, please don’t provide links to sites where readers can obtain unauthorized downloads of other people’s content.
Personal and confidential information: It’s not ok to publish another person’s personal and confidential information. For example, don’t post someone else’s credit card numbers, Social Security numbers, unlisted phone numbers, and driver’s license numbers. Also, please keep in mind that in most cases, information that is already available elsewhere on the Internet or in public records is not considered to be private or confidential under our policies.
Impersonating others: Please don’t mislead or confuse readers by pretending to be someone else or pretending to represent an organization when you don’t. We’re not saying you can’t publish parody or satire – just avoid content that is likely to mislead readers about your true identity.
Illegal activities: Don’t use ArtsSLAM.com to engage in illegal activities or to promote dangerous and illegal activities. For example, don’t author a comment or submission encouraging people to drink and drive it will not be included. Also, in serious cases such as those involving the abuse of children, we may report you to the appropriate authorities.