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terms of use



UCLArts and Healing – TERMS OF USE and PRIVACY POLICY

INTRODUCTION TO TERMS OF USE  

Welcome to the Web Site of UCLArts and HEALING ("UAH").  UAH and any and all entities that control, are controlled by, or are affiliated with UAH are collectively referred to herein as "we," "us" or "our".   We trust that you will use our web site in the spirit of our intended work for the betterment of all.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS UAH WEB SITE. By using this UAH Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE UAH SITE.  

Note that special terms apply to some services which may be offered on this UAH Site, like subscription-based services, and/or rules for particular contests, or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict those terms will prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this UAH Site and receipt of data, materials and information available at or through this UAH Site, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions. By using this Web Site you represent and warrant that you have legal capacity to enter into this agreement, that is, that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract.

USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on UAH Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change this UAH Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from this UAH Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of this UAH Site, except that where this UAH Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of this UAH Site is prohibited.

In the event that we offer downloads of software on the UAH Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

  1. SUBMISSIONS

In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the UAH Site.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the UAH Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the UAH Site for which you do not seek Consideration (such as in our Public Forums (as defined below in Section 6, entitled "PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.

Our company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the UAH Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

  1. LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the UAH Site, on third party web sites, on broadcast and cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled "RULES OF CONDUCT")) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you Distribute on or through UAH Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

To the extent that we solicit Submissions through features or activities on or through the UAH Site (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

  1. ACCOUNTS

Some services on this UAH Site may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at _______________________ of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the UAH Site. In addition, you agree to exit “Log Out” from your account at the end of each session.

We may suspend or terminate your account and your ability to use the UAH Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

  1. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature offered as part of the UAH Site that may offer the opportunity for users to Distribute Submissions for viewing by one or more UAH Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, any other such functions.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through the UAH Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

  1. RULES OF CONDUCT

The following Rules of Conduct apply to this UAH Site. By using this UAH Site, you agree that you will not Distribute any Submission that:

    1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
    2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
    3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
    4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
    5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages this UAH Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of this UAH Site; or
    6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  1. COOPERATION; REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the UAH Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the UAH Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

  1. CONTENT ACCESSIBLE THROUGH LINKS FROM UAH SITES AND SEARCH RESULTS

You should be aware that when you are on the UAH Site, there are links to other sites that take you outside of our Site to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the UAH Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

  1. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE UAH SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE UAH SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE UAH SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or if in the USA call 911 immediately. Reliance on any information appearing on the UAH Site is strictly at your own risk.

The UAH Site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.

The content of the UAH Site is intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, this UAH Site without seeking the appropriate medical, legal or other professional advice on the particular facts and circumstances at issue from a doctor, lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.

  1. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of this UAH Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE UAH SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE UAH SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE UAH SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO UAH SITE OR CHANGE THIS UAH SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  1. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of use or this UAH Site shall be filed, and that venue properly lies, only in state or federal courts located in the county of Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on the UAH Site is appropriate or available for use in any particular location. Those who choose to access the UAH Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

  1. AMENDMENT

At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current    e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

  1. GENERAL PROVISIONS

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE UAH SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services and software through the UAH Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the UAH Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the UAH Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent: UCLArts and Healing.

Name of Agent Designated to Receive Notification of Claimed Infringement: Phloe Pontaoe.

Full Address of Designated Agent to Which Notification Should be Sent: 2626 33rd Street, Santa Monica, CA 90405-3111

E-Mail Address of Designated Agent: phloe@uclartsandhealing.org.

To be effective, the notification must be a written communication that includes the following:

    1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the UAH Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    1. Your physical or electronic signature;
    2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which UAH may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
     
         PRIVACY POLICY

Welcome! Below you will find the Privacy Policy for the UCLArts and Healing Web Site (“UAH”).
Effective: from February 1, 2011

We at UCLArts and Healing are dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect.

This Privacy Policy is designed to answer your questions regarding our privacy policies and principles (below please be aware that a “Q” is used for a “Question” and an “A” is used for an “Answer”):

Q1. What information does this Privacy Policy cover?
A1. Except as specifically described below in A2 and A6, this Privacy Policy applies only to personally identifiable information collected on the UAH Web Site where this Privacy Policy is posted.

UCLArts and Healing is referred to in this Privacy Policy as “UAH," "we," "us," "our," and "ourselves."

We refer to individuals who use this Site, purchase or use products or services of UAH as "guests" or “members”. When this Privacy Policy uses the term "personally identifiable information," we mean information that identifies a particular individual, such as the individual's name, postal address, e-mail address, and telephone number. When other information (such as, for example, consumer product preferences) is directly associated with personally identifiable information, this other information also is treated as personally identifiable information for purposes of this Privacy Policy. Personally identifiable information does not include screen names (also known as member names, usernames or other online aliases) provided by our guests in the course of registering with or using the UAH Web site, except in circumstances in which we request that guests provide their e-mail addresses as their screen names. Personally identifiable information is sometimes referred to in this Privacy Policy as "personal information." Finally, the terms of this Privacy Policy are subject to all applicable laws.


Q2. What types of personally identifiable information do we collect about our guests?
A2. We collect several types of personally identifiable information about our guests.

Information You Provide to Us

Much of the personally identifiable information we receive comes directly from guests who are interested in obtaining various products and services from us. Typically, this information includes the guest's name, postal address, e-mail address, and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services from us we'll note, for example, credit card information, the type of services or products ordered or purchased, and the date of the order or purchase. You might also provide us photographs or other video or audio materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Web Site, including when you participate in activities on our Web Site, such as informational and promotional offers, contests and games, and when you provide information to our customer service representatives. Finally, our Web Site may offer message boards, conversation pages, chat rooms, social community environments, Blogs, profile pages, and other Public Forums (as defined in the Terms of Use governing our Web Site (the "Terms of Use")), as well as other features in which you may provide us with User Submissions (as defined in the Terms of Use). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Our rules regarding User Submissions are described in the Terms of Use, including in the "User Submissions," "Public Forums and Communication" and "Rules of Conduct" sections of the Terms of Use.

Information Collected Through Technology

We collect information through technology to make our Site more interesting and useful to you and for various purposes related to our business. For instance, when you come to our Site, we collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our guests visit various parts of our Site, and we may combine IP addresses with personally identifiable information.

Our Web Site collects information through a variety of technical methods, including cookies and possibly web beacons. Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web Site. Web beacons are small pieces of data that are embedded in images on the pages of Web Site. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.

We may use the information collected through these technical methods for many purposes, including delivering content, and tracking and enhancing our guests' experience on our Web Site. For example, when you return to our Web Site after logging in, cookies provide information to the Site so that the Site will remember who you are. We also may use technical methods to analyze the traffic patterns on our Web Site, such as the frequency with which our users visit various parts of our Web Site, and third party web sites, such as the frequency with which our users visit other Web sites. In HTML e-mails that we send our guests, we may use technical methods for a number of purposes, including: to determine whether our guests have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a guest has closed the e-mail, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.

Many advertisements may be managed and placed on our Web Site by third parties. These companies are called "network advertisers." Network advertisers who place advertisements on our Web Site may use cookies and web beacons to collect non-personally identifiable information about your visits to our Web Site and other web sites in order to provide advertisements about goods and services of interest to you. Finally, please keep in mind that if you click on an advertisement on our Web Site and link to a third party's web site, then our Privacy Policy will not apply to your personally identifiable information collected on that third party's web site and you must read the privacy policy posted on that site to see how your personally identifiable information will be handled.

Information That We Collect from Others

We may update and supplement personally identifiable information that we have collected directly from our guests with other information that we obtain from third parties. In addition, we may obtain personally identifiable information about individuals who are not yet users of our Web Site. In addition, when we associate information that we obtain from third parties with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information like the information that we collected ourselves and, except as permitted by this Privacy Policy, the information will not be shared with third parties.

Q3. How is your personally identifiable information used and shared?
A3. As described in detail below, UAH may use your personally identifiable information in many ways, including sending you promotional materials, and sharing your information with third parties so that these third parties can send you promotional materials. By "promotional materials," we mean communications that directly promote the use of the Web Site, or the purchase of products or services. As outlined below in A4, you may "opt out" of certain uses of your personal information.

General Provisions for Sharing and Use by UAH, Licensees and Co-Branding Participants

Personally identifiable information collected under this Privacy Policy is shared and used by UAH for many purposes. For example, UAH may use your personal information to send you promotional materials about goods and services (including special offers and promotions) either offered by UAH or offered by third parties. These promotional materials may be sent to you by postal mail, e-mail or other means. You may opt out of receiving these communications as provided in A4 below. Please keep in mind, however, that when you purchase or request products or services (or information about products or services) from UAH, promotional materials about goods and services offered by UAH and/or by a third party may accompany delivery of the product, service or information that you have requested. We refer to sending you promotional materials in these circumstances as "Fulfillment Uses" of your personal information. Because these promotional materials accompany products, services or information that you have requested, your opt-outs for UAH and Third Parties under A4 below will not apply to any of these Fulfillment Uses.

UAH may also use your personal information for many purposes other than sending you promotional materials. (We refer to all of these types of uses of your personal information that do not involve the sending of promotional materials as "Operational Uses.") For example, we may use your information to complete transactions requested by you (such as your purchase of a product or service offered on our Web Site), or to send you administrative communications either about your account with us or about features of our Web Site, including any future changes to this Privacy Policy. Because these uses of your personal information do not involve sending you promotional materials, your opt-outs under A4 below will not apply to any of these Operational Uses.

In addition to using your personal information within UAH, UAH may share your personal information with companies that offer products and/or services under brand names or using other intellectual property of UAH. These companies are called "licensees." For example, a company that publishes and sells books under the "UCLArts and Healing” brand would be such a licensee. UAH may also share your personal information with companies that offer products and/or services that are co-branded using brand names of UAH. These companies are called "co-branding participants." When UAH shares personal information with third parties acting as licensees and co-branding participants, these licensees and co-branding participants are restricted by contract from using the personal information for any marketing or promotional purpose that is not related to a licensed or co-branded product or service. Finally, to further protect your privacy, these licensees and co-branding participants' use of personal information shared with them under this Privacy Policy is subject to the same opt-out rights (and limitations upon those rights) that apply to use of personal information by UAH under A4 below.

Finally, UAH may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of UAH to aggregate or de-personalize your personal information, and UAH may use and/or share with third parties the resulting non-personally identifiable information in any way.

Non-Registered Transactions with UAH

You may engage in some transactions on our Web Site without registering and logging on the Web Site. These transactions may include purchasing products and services, entering contests, and requesting special promotional materials such as catalogs, coupons and reminder e-mails. We refer to all of these transactions that you engage in without registering and logging on our Web Site as "Non-Registered Transactions." The following paragraphs of this "Non-Registered Transactions with UAH” section describe the special provisions of this Privacy Policy that apply to Non-Registered Transactions.

When you engage in a Non-Registered Transaction with UAH: (a) personal information that you provide during your transaction will not be shared with any third party, and (b) you will have the opportunity to opt out (as described in A4 below) of allowing personal information that you provide during your transaction to be used by UAH to send promotional materials to you. If you permit UAH to send you promotional materials, you may withdraw the permission during a subsequent Non-Registered Transaction. If you withdraw permission and subsequently engage in another Non-Registered Transaction, you again may grant permission at the time of that transaction to allow UAH to send their promotional materials to you. In some instances, if you grant a permission and subsequently withdraw that permission within 30 days (or you withdraw a permission and subsequently grant a new permission within 30 days), your subsequent action may be disregarded. Therefore, to be certain that any modification of your permission status will be effective, please wait 30 days before making any such modification.

If you withdraw permission by following the procedures described in the previous paragraph, it may take up to ninety (90) days (unless a shorter time period is required by applicable law) for UAH to stop using your personal information for promotional purposes. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses on our Web Site, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information on our Web Site, systems maintained UAH have varying contact information for you. Accordingly, it may not always be possible to match your new opt-out choices with your personal information that you previously have provided.

In addition, please note that A4 of this Privacy Policy describes various exceptions that apply to opt-out choices you may make, and these exceptions apply to any choices that you make regarding the use of your personal information that you provide during Non-Registered Transactions.

Finally, please remember that the opt-out choices that you make during Non-Registered Transactions will not affect the opt-out choices that you make while registered and logged on to our Web Site, and the opt-out choices that you make while registered and logged on to our Web Site will not affect the opt-out choices that you make during Non-Registered Transactions.

Third Parties Offering Promotions, Products, or Services

Subject to your opt-out choices (see A4 below), UAH may share your personal information with selected third parties so that they can send you promotional materials about goods and services (including special offers and promotions) offered by them. We call this type of sharing "promotional sharing" or sharing for "promotional purposes." When sharing your information for promotional purposes, UAH attempts to select only reputable companies that offer high quality products and services. Moreover, UAH will not share your e-mail address with third parties for promotional purposes, except when you consent to such sharing in the course of your participation in a Sponsored Activity as described below. When UAH shares your personal information with a third party under any circumstance described in this "Third Parties Offering Promotions, Products, or Services" section, your personal information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your personal information.

In addition to the promotional sharing that is subject to your opt-out choices under A4 below, UAH may also share your information when you engage in certain activities on our Site that are sponsored by third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party. UAH may also share your personal information when you respond to promotional materials from UAH and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game. We refer to all of these activities and requests as "Sponsored Activities." When you participate in Sponsored Activities, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate's privacy practices. Since you will have consented to this specific instance of sharing of your personal information, the opt-out choice for "Third Parties" described in A4 below will not apply.

Companies That Facilitate Communications and Transactions with You

Sometimes UAH may hire companies to help provide products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a contest. In those instances, there is a need to share your information with these companies. Sometimes UAH also works with other companies who help either gather your information or communicate with you, such as a company that helps to provide customer service. Your opt-out choices under A4 below will not apply to sharing by UAH of your personal information with any of these companies. Nonetheless, except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or to facilitate compliance with laws.

Companies That You Previously Authorized to Obtain Your Information

In certain circumstances, your dealings with a third party may have authorized that third party to obtain your personal information from UAH and to use that information in accordance with the third party's own privacy practices and policies. For example, in using an online shopping service (such as the shopping services offered by Internet portals that refer the portal's users to third-party merchants), you may have authorized that shopping service to obtain from the service's participating third-party merchants (including UAH) information about your purchases conducted through the shopping service. In such circumstances, your opt-out elections under A4 below will not apply to sharing of your personal information by UAH. Nonetheless, UAH will provide such companies only the information that you authorized (except as separately permitted under other provisions of this Privacy Policy). In the example given above, the shopping service would be provided only information concerning purchases you made from UAH through that shopping service, and would not be provided any other information concerning you, unless any additional sharing of your personal information were separately permitted under another provision of this Privacy Policy.

Purchase or Sale of Businesses

From time to time, we may purchase a business or sell one or more of our businesses (or portions thereof) and your personally identifiable information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the personally identifiable information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so. In the event that we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by this Privacy Policy (including any amendments to this Privacy Policy). In light of this protection, your opt-out choices under A4 will not affect our right to transfer your information to a purchaser in these circumstances. The provisions of this paragraph will also apply in the event that one or more businesses of UAH are sold and personal information subject to this Privacy Policy is transferred to a purchaser of those businesses.

Disclosures to Comply With Laws and Disclosures to Help Protect the Security and Safety of Our Web Site, UAH and Others

Regardless of any opt-out choices that you make under A4, UAH will disclose personal information when it believes in good faith that such disclosures (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Web Site, UAH, and/or third parties, including the safety and security of property that belongs to UAH or third parties.

Q4. What choices do you have about the collection, use, and sharing of your personally identifiable information?
A4. With regard to personal information that you have provided under this Privacy Policy, there are two separate opt-out choices available to you. These opt-out choices are the means by which you give us, or decline to give us, your consent to use your personal information for the purposes covered by these opt-out choices. Please be assured, however, that if any one of these opt-out choices is not presented to you on this Web Site, then personal information collected from you will not be used for the purposes covered by that opt-out choice. There are several methods by which you may be able to exercise your opt-out choices: (a) during the registration process on our Web Site; (b) after registration, by logging on our Web Site, clicking on our Privacy Policy links, going to the Site's Guest Services center (sometimes called "Member Services" or "Preference" center), and following the opt-out directions; and (c) as described below in A6. Each of these opt-out choices is subject to the exceptions described further below in this A4.

Your two opt-out choices are:

Third Parties: You may choose to opt out of receiving promotional materials from third parties. If you do not choose this opt-out, UAH may share your personal information so that third parties can send you these promotional materials. Thus, if you want to opt out of all uses of your personal information covered by the "Third Parties" opt-out, you must consistently elect that opt-out either when you register or when you log in and visit the Guest Services center, or send us a written notice. If you want to make a change in your "Third Parties" opt-out choices, you will need to make that change where you previously made a different choice. Please bear in mind that this opt-out choice for "Third Parties" will not apply to the licensees and co-branding participants described above in A3.

UCLArts and Healing: You may choose to opt out of receiving promotional materials from UAH, including the licensees and co-branding participants described above in A3. For your convenience, when you make a choice regarding this opt-out at our Web Site, we will treat that choice as replacing any other choices regarding that opt-out that you may previously have made. Thus, if you want to make a change in your "UAH" opt-out choice, you can make that change by sending us a written notice to that effect or visiting the Guest Services center at our Web Site.

Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from UAH, (b) UAH uses your personal information for either "Operational Uses" or "Fulfillment Uses" (as described above in A3), (c) you either have engaged, simultaneously engage, or later engage in either Non-Registered Transactions or Sponsored Activities (as described above in A3), or (d) UAH shares your personal information under the provisions of A3 above with respect to "Companies That Facilitate Communications and Transactions With You," "Companies That You Previously Authorized to Obtain Your Information," "Purchase or Sale of Businesses," or "Disclosures to Comply with Laws and Disclosures to Help Protect the Security and Safety of Our Web Site, UAH and Others." Also, any opt-out choices you make will not apply to personal information that you provide about other persons, but these other persons will have the opportunity to opt out of receiving promotional materials.

Finally, if you do not exercise your opt-out choices upon registration or initial log-in at our Web Site, it may take up to ninety (90) days for your opt-out choices to be fully effective. Our systems require time to update, and promotional mailings using your personal information shared before your opt-out may already be in process. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses on our Web Site, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information on our Web Site, systems maintained by members of UAH may have varying contact information for you. Accordingly, it may not always be possible to match your new opt-out choices with your personal information that you previously have provided.

Q5. What kinds of security measures do we take to safeguard your personally identifiable information?
A5. The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect guest information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

Q6. How can you update your contact information and opt out choices?
A6. You can access and update the contact information you gave us during registration (that is, your postal address, e-mail address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to our member or guest services centers or sending us a written notice. In some cases, you may need to visit the member services center to change your preferences associated with this Web Site. Finally, you may unsubscribe from certain e-mail communications by clicking on unsubscribe links in those e-mails.

In some cases, your account may expire or be terminated under our Terms of Use. If so, you may contact Member Services at the address in A7 below to update your information and opt-out choices (to the extent that we still retain them).

Q7.
How can you ask questions, or send us comments, about this Privacy Policy?
A7. If you have questions or wish to send us comments about this Privacy Policy, please send an e-mail with your questions or comments to: MemberServices@UCLArtsandHealing.com,
or write us:

Member Services
UCLArts and Healing
2626 33rd Street
Santa Monica, CA 90405-3111

Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.

Q8. How will you know if we amend this Privacy Policy?
A8. We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use, and/or share your personal information, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of such amendment on the Web Site covered by this Privacy Policy. Any such amendment to this Privacy Policy will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Site covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the amendment described in the notice. In any event, an amendment to this Privacy Policy may permit material changes in the way we use and share personal information that you provided us prior to our notification to you of such amendment. If you do not wish to allow such material changes, you must so notify us (in the manner we specify) prior to the effective date of the amendment. If you provide us this notice, we may choose to deactivate your account. Please be advised, however, that, regardless of whether you provide such notice to us, any such amendment to this Privacy Policy will apply to any personal information that you provide us on or after the effective date of such amendment.






 


 
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