[Nettime-bold] Rhizome.org Member Agreement

[Florian Cramer <cantsin@zedat.fu-berlin.de>]

I am guess I am not the only one who received this. - Florian

----- Forwarded message from "Rhizome.org" <info@rhizome.org> -----

Errors-To: <info@rhizome.org>
Date: Fri, 09 Nov 2001 13:29:17 -0500
To: info@rhizome.org
From: "Rhizome.org" <info@rhizome.org>
Subject: Rhizome.org Member Agreement
X-UIDL: 35T"!7I*!!@ej"!+,A"!

Dear Rhizome Member,

Please find the new Rhizome.org Member Agreement below. This new
agreement sets out the terms of use for Rhizome.org's Member Services.
Currently, our Member Services include our email lists, email archives,
ArtBase submissions, OpenMouse sign-up and advanced search. We reserve
the right to add or remove specific Member Services at any time.

Please read this new agreement carefully.

By continuing to use the Member Services, you agree to the terms of this
new agreement. If you do not agree to the terms of this new agreement,
please send an email from the address in your member profile to
webmaster@rhizome.org with "cancel my membership" in the subject line.

+ + +

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 registered 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. By clicking "I
Agree" on this page, you agree to be bound by the terms of this Member
Agreement.

To sign up 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 your Member Profile. We hold all your personally
identifying information in strictest confidence. Please refer to our
Privacy Policy [link to policy] for more information.  It is your
responsibility to keep your Member Profile up-to-date.

Your rights as a Rhizome Member are personal to you and are not
transferable. Rhizome.org may modify the terms and conditions of this
Member 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, [using your password,] by any
person ("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,
you either 1) must own all intellectual property and other rights in and
to Your Content or, 2) if you have the right to contribute works owned
or controlled in part by another, 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.

You 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: (i) edit, adapt or otherwise make
changes to Your Content; (ii) not include Your Content in the
Rhizome.org web site or email lists; and (iii) 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 ("Rhizome
Content") are protected by copyright under the laws of the United States
and other countries. Other than content posted by Rhizome Members or
distributed by Rhizome Members 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.

You may not distribute any Rhizome Content, with the exception of Your
Content, for any commercial purposes.

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 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
Member Agreement.

7. Miscellaneous

This Member 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 Member Agreement shall be construed in accordance with the
laws of the State of New York, without regard to its conflict of laws
rules. 


----- End forwarded message -----

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