Member Agreement for Rhizome.org
1. General Information
Rhizome.org is an online platform for the global new media art community.
Although many of our programs and services are available to the general
public, certain services (collectively, the "Member Services") are available
only to individuals who have contributed a minimum amount to become part of
the non-public Rhizome.org community (each a "Rhizome Member"). Member
Services may change from time to time. To become a Rhizome Member, you must
agree to this Member Agreement (the "Agreement"). By clicking "I Agree" on
this page, you agree to be bound by the terms of this Agreement.
To register as a Rhizome Member, you must provide your email address, a
password, your name, and the city and country where you live. This personal
information, along with any demographic information you provide, is stored
in an electronic file (your "Member Profile"). We hold all your personally
identifying information in strict confidence, in accordance with our Privacy
Policy, available at http://rhizome.org/policy/privacy.php. It is your
responsibility to keep your Member Profile up-to-date.
Rhizome Members are asked to make an annual financial contribution to
Rhizome.org, with a certain minimum contribution required to maintain active
status as a Rhizome Member. The current minimum contribution is posted at
[add webpage where this will be]. The amount of this minimum contribution
may change from time to time. By making at least this minimum contribution,
your Rhizome Membership is good for one (1) year. If you choose not to make
this minimum contribution, then your Rhizome Membership will be suspended.
Your rights as a Rhizome Member are personal to you and are not
transferable. Rhizome.org may modify the terms and conditions of this
Agreement from time to time, and such modifications will be effective upon
notice emailed to you at the address in your Member Profile.
2. Your Content
You are responsible for all text, information, and other material that you
contribute to Rhizome.org, whether to email lists, bulletin boards, through
chat or any other interactive feature of Rhizome.org, or that is contributed
from your e-mail address, by any person (collectively, "Your Content"). For
the purposes of this Agreement, Your Content does not include material
submitted to the Rhizome ArtBase, which is governed by separate agreements.
To contribute Your Content, either: 1) you must own all intellectual
property and other rights in and to Your Content; or, 2) you have the
right to contribute works owned or controlled in part by another, in
which case you must submit with your contribution a statement describing
how and by whom you are authorized to contribute the work. In no event
may you contribute any content protected by copyright, trademark,
patent, or other right without the permission of the holder of such
intellectual property or other rights.
If your work incorporates parts of works created by others, you may do
so on a claim of fair use or by license or express permission. If you
use works pursuant to a Creative Commons license, a link to the license,
and your compliance with the license terms, may provide the necessary
authorization. If you use CC-NC works, please include the legend "NOT
FOR COMMERCIAL DISTRIBUTION."
You hereby grant Rhizome.org a non-exclusive, worldwide, royalty-free,
perpetual license to: (i) store Your Content on Rhizome.org's servers; (ii)
distribute Your Content on the Rhizome.org web site and through email lists;
and (iii) reproduce, publish, perform, display, adapt, distribute or
otherwise make available Your Content in web sites, books, CD-ROMs or any
other form or medium whatsoever, whether now known or as may hereafter be
developed.
IF YOU DO NOT WISH TO GRANT RHIZOME.ORG THE RIGHT TO REPRODUCE, PUBLISH,
PERFORM, DISPLAY, ADAPT, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE YOUR CONTENT
EXCEPT ON THE RHIZOME.ORG WEB SITE AND EMAIL LISTS, YOU MUST SO INDICATE BY
INCLUDING THE FOLLOWING LANGUAGE AT THE END OF YOUR CONTENT WHEN YOU POST OR
OTHERWISE SUBMIT IT TO RHIZOME.ORG: "NOT FOR DISTRIBUTION EXCEPT ON
RHIZOME.ORG WEBSITE AND EMAIL LISTS."
Rhizome.org reserves the right to: (a) edit, adapt or otherwise make changes
to Your Content; (b) not include Your Content in the Rhizome.org web site or
email lists; and (c) remove some or all of Your Content, without
notification, from our servers, from the Rhizome.org web site and from any
other form or media.
Although Rhizome.org encourages thoughtful criticism, Your Content may not
include any material that defames any person, invades or infringes their
rights of privacy or publicity, violates copyrights or other intellectual
property rights or that is otherwise unlawful.
3. Rhizome Content
The contents of the Rhizome.org web site and email lists (collectively,
"Rhizome Content") are protected by copyright under the laws of the United
States and other countries. Other than content posted by Rhizome Members or
members of the general public, or distributed by Rhizome Members or members
of the general public to third parties, all content on the Rhizome.org web
site and email lists is owned by Rhizome.org and its suppliers.
You may download and print out Rhizome Content for your own personal,
non-commercial use, provided that you agree to abide by any copyright notice
or other restriction contained in any individual posting and include any
author attribution, copyright, or trademark notice or restriction in any
materials that you download.
Unless otherwise specified in the terms for a particular work, you may
not distribute any Rhizome Content, with the exception of Your Content,
for any commercial purposes. You may get additional usage permissions
from a Creative Commons license on a contributed work or directly from a
contributing artist.
Rhizome Content includes material that has been edited, as well as material
that is distributed automatically and without editing or filtering.
Rhizome.org is not responsible for screening, monitoring, or verifying the
Rhizome Content, including with respect to its accuracy, reliability, or
compliance with copyright and other laws.
4. Disclaimer of Warranty; Limitation of Liability
NEITHER RHIZOME.ORG NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INFORMATION PROVIDERS, OR LICENSORS ("AFFILIATES") ENDORSE,
REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS
OF ANY OPINION, STATEMENT OR OTHER MATERIAL ON THE RHIZOME.ORG WEB SITE OR
EMAIL LISTS OR THAT THE SAME IS NON-DEFAMATORY, NON-INFRINGING OF COPYRIGHT
OR OTHER RIGHTS, OR OTHERWISE LAWFUL. YOU ACKNOWLEDGE THAT ANY RELIANCE ON
OR USE OF SUCH OPINION, STATEMENT, OR MATERIAL SHALL BE AT YOUR SOLE RISK.
NEITHER RHIZOME.ORG NOR ITS AFFILIATES WARRANT THAT THE RHIZOME.ORG WEB SITE
OR EMAIL LISTS WILL BE AVAILABLE ON A TIMELY BASIS, OR WILL BE UNINTERRUPTED
OR ERROR FREE. THE RHIZOME.ORG WEB SITE AND EMAIL LISTS ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL RHIZOME.ORG OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE RHIZOME.ORG WEB SITE OR EMAIL LISTS.
5. Indemnification
You agree to defend, indemnify, and hold harmless Rhizome.org and its
Affiliates from and against all claims and expenses (including attorneys'
fees) arising out of Your Content or any breach by you of this Member
Agreement.
6. Right to Terminate Membership or Subscription
Rhizome.org reserves the right to terminate this Agreement, your Rhizome
Membership, and/or your subscription to any or all of the Rhizome.org email
lists at any time in the event that it considers, in its sole discretion,
any conduct by you, including Your Content, to violate the terms of this
Agreement.
7. Miscellaneous
This Agreement constitutes the entire agreement between Rhizome.org and you
with respect to the subject matter contained herein. No waiver by
Rhizome.org or you of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. This Agreement
shall be construed in accordance with the laws of the State of New York,
without regard to its conflict of laws rules.
