Children's
Art
Movement

Terms of Use

Thank you for visiting www.childrensartmovement.org, which is operated by New Liberal Arts Foundation (“NLA”). NLA provides its services to you (the "User") subject to these Terms of Use and NLA's Privacy Policy (collectively, the "Terms").

Because this page contains legal obligations (including limitations on liability, arbitration provisions and a class action waiver among other terms), please read them carefully. By accessing, viewing or using any of our services, you acknowledge that you have read, understand, and agree to be bound by and subject to these Terms unless separate terms are offered by you in writing and accepted in writing by NLA. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Changes

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the site. Notice of these changes will be posted on the homepage of this Website and the revised Terms of Use will take effect seven (7) days after their publication. In the event we make material changes to the Terms we will also notify you via email at the address we have on file. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. For purposes hereof, these Terms were last modified on June 1, 2017

Authorized Users

By visiting and using the Website, you represent and warrant that you are of legal age and are not prohibited by law from accessing or using the goods and services offered herein and/or are a minor who has you obtained consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms.

Registration Information

All Users including Teachers, Parents and Guardians must provide accurate information in the name fields, address fields and any other fields provided on the Website and to ensure that this is kept accurate and up to date at all times. This is especially important with respect to the email address provided as this is the primary method by which NLA will correspond with the User.

Each Parent and or Guardian registrant authorizes Teacher and other representatives at the Artist's school(s) to submit artwork and perform related activities on NLA on behalf of the Artist if they do not do it by themselves.

Teachers that register and login to use the Website acknowledge and agree that they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators.

NLA posts the names of participating schools and Teachers, Partners and Guardians for identification purposes only. Copying this information, either manually or through automated software programs, for the purposes of targeted marketing or solicitation is prohibited.

Submission of Artwork

Submission of artwork to NLA is subject to the following rules:

(i) Because the Website is directed to children and visitors of all ages, Parents, Guardians or Teachers may not submit artwork or other material that is unsuitable for viewing by children, including without limitation artwork that is sexually explicit, or that depicts nudity or violence;

(ii) Parents, Guardians or Teachers may not submit artwork or other material that depicts or contains copyrighted materials or trademarks owned by others, including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties;

(iii) For privacy and security reasons, NLA recommends that Parents, Guardians or Teachers avoid submitting artwork or other material that contains photographs or images (especially the faces) of children under 18 years old, including the Artist themselves;

(iv) NLA also recommends that Parents, Guardians or Teachers avoid submitting artwork or other material that displays the Artist's name (first or last name);

(v) to organize artwork, the Parent, Guardian or Teacher inputs the first and (optionally) last names of students in a section About Artist (the first and last names are entered in separate fields, and unique screen names are then generated for each student, based on the information entered in the first name field);

(vi) the Parent, Guardian or Teacher is solely responsible for reviewing all artwork and other material prior to submission and for all submitted content (including any personally-identifiable information contained therein), and for ensuring that such submissions meet all applicable conditions and restrictions set forth in these Terms -- NLA is not liable or responsible for any artwork, information or other material posted to the Website by Parents, Guardians or Teachers, or for any damages, direct or indirect, arising therefrom. NLA reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole discretion. In all cases, NLA's decision shall be final.

The Teacher is responsible for obtaining any necessary approvals from their school's authorities and administrators before showcasing their students' artwork on the Website. Under no circumstances will NLA be liable for the Teacher's failure to consult their school's authorities and administrators or for failing to obtain the necessary permission to post students' artwork, Artist statements, or others additional data on the Website. The Teacher covenants and agrees that, prior to publicly posting any materials, they will obtain permission from the Parents of their students or others whose artwork, Artist statements, or any other additional data with regards to their online school gallery. Under no circumstances shall NLA be liable for any errors, omissions, or negligence of a Teacher while managing Parent permissions.

The Parent and or Guardian can view their child's artwork on the Website, and may request that any or all of their child's artwork be removed from the Website at any time (including the Artist Statement). NLA will remove any artwork of the Parent's and or Guardian’s child within 5 business days after receiving the Parent's and or Guardian’s written request for removal. However, NLA reserves the right to continue to display the child's artwork in any brochures, articles or any other materials that NLA had prepared before the request was received.

FERPA

NLA understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (FERPA) and related regulations. The types of student information that NLA requests from our partner schools are limited to basic identifying information (i.e. student name, grade and parent email address). As such, we understand that our partner schools usually treat the disclosure of information to NLA as a disclosure of "Directory Information" under FERPA. As a general matter, a school can disclose "Directory Information" as long as they have notified students, Guardians and or Parents that such information may be disclosed and the purposes for which it may be disclosed. Students, Guardians and Parents must have the opportunity to opt out of such disclosure. It is important that Teachers not provide information to NLA from any student, Guardian or Parent that has opted out of the disclosure of "Directory Information". In many cases, a "Directory Information" notice is included as part of a school's enrollment process. NLA is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient with respect to the types of information that NLA needs and the identified purposes in the existing disclosure. NLA depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of "Directory Information" for any student information that will be shared with NLA. To the extent that Teachers have questions regarding these issues, they should consult the school's own legal counsel for more information. The school legal counsel can assist Teachers in evaluating the sufficiency of the Teacher's existing disclosures, or help Teachers put together a supplemental disclosure notice before they share the relevant information with NLA. For your information the Department of Education’s FERPA guidance page is available here.

Ownership of Artwork

NLA Artists retain ownership of their artwork. However, by registering as a Parent and or Guardian of an Artist, the Parent and or the Guardian, on behalf of both the Parent, the Guardian and the Artist, grants NLA the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange the Artist's artwork solely in connection with: (i) providing and promoting the Website and/or its services; (ii) sharing artwork with NLA's affiliates and sublicensees; (iii) producing custom merchandise depicting the artwork.

Intellectual Property

All content on the website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by NLA, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to NLA, is expressly prohibited. NLA, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion.

Trademarks, logos and service marks displayed on the website are registered and unregistered trademarks of NLA, its licensors or content providers, or other third parties. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. NLA reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

DMCA Notice

If you believe that your work has been copied in artwork, lesson plans, or any other material appearing on the Website in a manner that constitutes copyright infringement, you may submit a notification to NLA pursuant to the Digital Millennium Copyright Act ("DMCA") in compliance with the requirements of 17 U.S.C. § 512(c)(3). Such written notice should be sent to our designated agent at hey@globalopenart.org.

If a User elects to send us a counter notice after having been notified of a copyright claim submitted to NLA in accordance with the DMCA complaint provisions above, to be effective, it must be in compliance with the requirements of 17 U.S.C. § 512(g)(3).

NLA may remove artwork, lesson plans, or any other material from the Website at any time without notice, and NLA will terminate User privileges in appropriate circumstances, including without limitation by terminating the User privileges of Users who are the subject of repeated copyright claims.

Prohibited Uses

Users generally are permitted to use this website for any lawful purpose that furthers the interests of children as determined by NLA and/or for any other lawful noncommercial use. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the website or its content in a manner that involves misuse of the website. You acknowledge and understand that “misuse” of the website includes, but is not limited to using the website in any manner that (i) interferes with other’s use of the website; (ii) infringes the copyright, trademark or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (iii) is fraudulent, contains defamatory or illegal information, images, materials or descriptions, is harmful to minors or otherwise violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) slanders, defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (v) involves any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation to NLA or to Users through the Website; (vi) involves phishing, pharming, pretexting, spidering, crawling, or scraping; (vii) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (viii) uses the website on a device without permission, regardless of whether it is a stolen, lost or unauthorized device; (ix) tampers with or makes an unauthorized connection to the network of any wireless service provider; (x) involves reselling any part of the website to any other individual or entity; or (xi) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.

Foreign Users

NLA makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with NLA; (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall NLA be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.

Residents of Quebec/ Les Habitants de Québec:

It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.

Disclaimer Of Warranties; Limitation Of Liability

THIS SITE IS PROVIDED BY NLA ON AN "AS IS" AND "AS AVAILABLE" BASIS. NLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NLA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NLA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NLA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NLA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL NLA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR

(i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,

(ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO NLA (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF NLA ), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF NLA .

(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;

(iv) THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; or CREDIBLE THREATS OF ANY OF THE ABOVE; and/or

(v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN NO EVENT SHALL NLA ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless NLA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. NLA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NLA in the defense of such matter.

Links to Third-Party Websites

Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. While NLA attempts to ensure that the content available at such links is not offensive or objectionable, NLA is neither liable nor responsible for any content or information on third-party websites. Furthermore, because NLA has no control over the owners or content of the third-party websites to which its Website links, NLA does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers. Any use of these third-party sites is also subject to their respective terms of use.

Dispute Resolution

This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles (but excluding Section 1283.1 of the California Code of Civil Procedure and the United Nations Convention on Contracts for the International Sale of Goods).

Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving Los Angeles County, California.

For any claim where the total amount of the award sought is $10,000 or less: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving Los Angeles County, California. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of WMD’s patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.

For all disputes you may have, whether pursued in court or arbitration, you must first give NLA an opportunity to resolve the dispute by providing written notification via email and postal mail stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If NLA does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Contact

For additional information, contact us via email at hey@childrensartmovement.org or by mail at:

NLA Foundation, PO Box 73, Woodland Hills, CA 91365