RELATIVE CONNECTIONS LICENSE AGREEMENT
AND TERMS AND CONDITIONS OF USE
Before using, subscribing to or participating in Relative Connections, please review the following terms and conditions (the "Agreement"), which define your rights, responsibilities and benefits as a user of this website and participant in Relative Connections as well as the responsibilities of Relative Connections. In this Agreement, "Relative Connections" includes artists Christopher Leib and Laura Parker. Relative Connections is sometimes referred to herein as the "Project" and is sometimes referred to as "we", "our" or "us." "You" or "your" means a registered user of the Relative Connections website or a registered participant in the Project.
Minors are prohibited from using this website or participating in the Project. If you, as a parent or guardian for any minor, allow him or her access to this website or the Project, you can be held responsible under law for wrongful acts and omissions of the minor.
Your use of this website and/or any other participation in Relative Connections evidences your agreement to be bound by this Agreement. If you dont agree with any of these terms and/or conditions, dont participate in Relative Connections.
Project Description
Relative Connections is a project that questions and challenges the validity of written, traded and oral histories. By participating in Relative Connections you agree to provide Relative Connections with information, photos, and stories about yourself and other people that we will use to create the Project online and in exhibition in galleries, museums and other venues. You agree that the subject information, photos and stories can be seen by other users online and by audiences to the Project in its various forms and venues. Your contributions of information about yourself and others are the basis for the content we will use. If this is objectionable to you, then dont participate.
When you participate on the Relative Connections website you register (see below) and begin what we call your "Line." Your Line begins by creating a user name and providing us an email address. You will be asked to submit information about yourself such as: year of birth, occupation, etc. You can upload photos and tell us a story about yourself. You dont have to fill out everything, but you can if you would like to. You can then create other people in your Line - typically an ancestor, but it does not have to be. You will be asked information about that person such as: year of birth, occupation, etc.; you can tell us a story about that person; and you have the opportunity to upload photos of that person (provided that you have the legal right to do so). If in our opinion a person in your Line matches or has similar traits or characteristics of a person in another users Line, a connection is made. You will be informed of the connection, and you will be able to see information about the connection such as the connections name, year of birth, city of residence, occupation, stories about them written by the other user, photos, etc. You will not be given the other users email address. Similarly, if in our opinion, someone makes a connection to information that you have submitted, they will be told they have a connection, and will be able to see information and photos you have submitted. They will not be given your email address. Do not submit any information you do not want others to see.
When a connection is made, you will be given the opportunity to write about how you believe that connection occurred (a "Connection Story"). For example: Someone enters information about his grandfather, Jim Doe. He is told a connection exists with a person someone else has entered, Carol Smith. They both lived in Ann Arbor, Michigan in 1932. He sees that Carol Smith was in the garment industry and played bridge. His grandfather Jim Doe was also an avid bridge player and he knows Jim Doe liked tailored clothes. He creates a Connection Story stating that Jim Doe had for many years brought his suits in to be tailored at the shop where Carol Smith worked. One day in conversation Jim Doe discovered Carol Smith was also a bridge player. The next weekend, he invited her to play bridge with him and his wife, and they all remained great friends. The Connection Story would only be seen by the user who input information about his grandfather, Jim Doe, NOT by the user who input information about Carol Smith. Connection Stories will only be available online to the user who wrote them and to Relative Connections, but may be seen in various forms during an exhibition.
There will be exhibitions at one or more museums, galleries and/or other venues that will include various media, such as visual, photographic, sculptural, etc based on the Connection Stories. The Connection Stories will be seen by Relative Connections and may be on display at those exhibitions. We may modify the content of Connection Stories for use in the exhibitions.
Registration
As part of the registration process, you will select a username and password. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Projects registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You also agree that you will not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without written authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. If you violate the foregoing agreements, or if Relative Connections has reasonable grounds to suspect a violation, Relative Connections has the right to suspend or terminate your account and refuse any and all current or future use of or participation in the Project by you or anyone working for or with you or on your behalf.
Content License; Derivative Works
User Content. Information, data, text, software, music, sound, photographs, graphics, video, messages, tags and other materials submitted by registered users shall be known as "User Content". You may view and modify User Content that you have submitted. You acknowledge and agree that User Content may be subject to alteration, fabrication, modification, and/or manipulation by Relative Connections with regard to, but not limited to, details, names, places, specifics, contexts and situations. Likewise, the relationship between User Content submitted by users may be altered, fabricated, modified and/or manipulated with regard to its relationship to User Content submitted by other users or to created information supplied by Relative Connections. Moreover, you agree that by submitting User Content to Relative Connections, you are allowing other registered users to view, but not change, the User Content you have submitted.
You acknowledge and agree that by submitting User Content to Relative Connections, you grant the artists, agents, associates, affiliates, employees and contractors of Relative Connections a non-exclusive, irrevocable, perpetual license to such User Content, including full rights to use, disclose, manipulate, display, publish, re-publish, alter, host, distribute, license, and sublicense such User Content. Should you contribute User Content, you understand and agree that it will be seen and used by others under the license described herein.
You acknowledge and agree that by submitting User Content to Relative Connections, you represent and warrant to Relative Connections that you have the legal right to do so and that your act of doing so does not violate any law or the rights of any third party. You agree that you will submit only content which belongs to you and does not violate the property rights or other rights of other people or organizations. Relative Connections is sensitive to the copyright of others. We also reserve the right to remove any User Content that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
You understand and agree that any and all works created, in whole or in part, by Relative Connections (or its employees, contractors, agents, partners or affiliates) that are derived in whole or in part from User Content (including but not limited to Connection Stories) shall be solely and exclusively owned by Relative Connections. Such works are sometimes referred to herein as "RC Works."
RC Content. RC Works and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and other materials submitted by Relative Connections, including but not limited to User Content modified by Relative Connections, shall be known as "RC Content". RC Content may be used by Relative Connections in artistic presentations and resulting collateral materials, including brochures, advertisements, printed books, artistic renderings, paintings, sculptures, etc. Whether in the publicly accessible areas of this website, if any, or in any other form or on any internet site or in the subscription section of the Project, all RC Content is owned and/or licensed by Relative Connections. The download, republication or any other use of the whole or significant portions of any RC Content or User Content is prohibited. Violation of the foregoing may result in immediate termination of your user account and may result in legal action for injunction, damages or both. Relative Connections is protected by U.S. copyright laws, international conventions, and other copyright laws.
Participant Conduct
You understand and agree that all User Content you submit is your sole responsibility. This means that you, and not Relative Connections, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Project. Relative Connections does not control the User Content users submit and does not guarantee the accuracy, integrity or quality of such User Content. You understand and agree that by participating in the Project you may be exposed to User Content or RC Content that may be offensive, indecent or objectionable. You agree that under no circumstances will Relative Connections be liable in any way for any User Content or RC Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content or RC Content posted, emailed, transmitted, viewed, or otherwise made available via the Project.
You acknowledge that Relative Connections may or may not pre-screen User Content, but that Relative Connections shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content. Without limiting the foregoing, Relative Connections shall have the right to remove any User Content that violates this Agreement or in the sole discretion of Relative Connections, is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content and RC Content.
You agree not to:
1. Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Permit minors to have access to this website;
4. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;
6. Upload, post, email, transmit or otherwise make available any User Content 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 subject to nondisclosure agreements);
7. Upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes."
9. Upload, post, email, transmit 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;
10. Violate any applicable local, state, national or international law, including any regulations having the force of law; or
11. "Stalk" or otherwise harass anyone.
Privacy
You agree that Relative Connections may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to communications from you; or (e) protect the rights, property or personal safety of Relative Connections, its users and the public.
For further information about Relative Connections privacy policy, see the Privacy Statement on this website.
Liability and Warranty Disclaimer
You agree that you will not rely on any User Content or RC Content, or on any other aspect of the Project, in any manner or for any purpose.
RELATIVE CONNECTIONS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING THE USER CONTENT, RC CONTENT, THIS WEBSITE OR ANY OTHER ASPECT OF THE PROJECT. WE EXPRESSLY DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE USER CONTENT, RC CONTENT, THIS WEBSITE AND ANY OTHER ASPECT OF THE PROJECT, INCLUDING WARANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE EXCEPT AS OTHERWISE REQUIRED BY LAW.
IN NO EVENT WILL RELATIVE CONNECTIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGES IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Relative Connections may, from time to time, provide opportunities to users of this website or other parts of the Project to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. Relative Connections makes no warranty concerning third party- provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Relative Connections.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROJECT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROJECT.
Indemnity
You agree to indemnify and hold Relative Connections and its artists, affiliates, agents, employees, contractors, partners and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to, relating to, or arising out of: (a) User Content you submit, post, transmit or otherwise make available to Relative Connections; (b) your use of or participation in the Project; (c) your violation of this Agreement; and (d) your violation of any rights of any other person or entity.
Modifications to this Agreement and the Project
Relative Connections may amend this Agreement at any time in our sole discretion, with the changes to be effective as of the date of amendment. Changes to this Agreement will be posted on the Relative Connections website or sent via email to you. You understand and agree that your continued use of this website or other participation in the Project after any change indicates your acceptance of that change. If you dont want to be bound by a change, discontinue further participation in Relative Connections. However, notwithstanding any other provisions of this Agreement, Relative Connections will retain all rights to User Content, RC Works and RC Content granted to it pursuant to this Agreement or pursuant to law.
In addition, Relative Connections may change the Project, User Content and RC Content at any time and for any reason.
Additional Terms
The Relative Connections website is operated in the United States of America and operated to be in compliance with the laws of the State of California and the United States. Registration as a user of this website or other participation in the Project results in your information being stored and processed in the United States, and you, in registering or participating, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration. If you are registering for use of this website or other participation in the Project and Project site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit. You may and should review and correct your information regularly.
You should notify us by regular mail or by email at info@relative-connections.com of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to Relative Connections.
You must be 18 years or older to register.
You are responsible for all usage or activity on this website via your account. Disclosure of your password to others is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Breach; Termination
Should you breach this Agreement, Relative Connections has the right, at any time thereafter, to terminate your use of this website and/or terminate your other participation in the Project. You understand and agree that termination does NOT constitute a termination of the rights and licenses granted to Relative Connections by your submission of User Content or other participation in the Project. Notwithstanding any other provisions of this Agreement, Relative Connections will retain all rights to User Content, RC Works and RC Content granted to it pursuant to this Agreement or pursuant to law.
Governing Law; Jurisdiction
This Agreement is governed by the laws of the State of California, without regard to its principles on conflicts of laws, and by the federal law of the United States of America. Any action to enforce this Agreement shall be brought only in the federal or state courts located in San Francisco.
Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect.
Communications between Relative Connections and You
Relative Connections will send email to you for administrative purposes (such as informing you of changes or additions to this Agreement, account maintenance, notifying you of a connection, and the like) and for outreach purposes (such as notifying you about products, exhibitions, events related to the Project). You may opt out of outreach notification by replying to the email that was sent with the word "unsubscribe" (without the quotes) in the subject line.
Official correspondence must be sent via postal mail to:
Relative Connections Attn: Laura Parker, 1890 Bryant Street #206, CA 94110
or via email to info@relative-connections.com