SAR Terms of Use

I. Acceptance of Terms

These terms of use (hereinafter “Terms") are designed to protect intellectual property rights and to facilitate the publication of artistic research, which is often hampered by copyright issues. By offering fairly restricted Terms, the Society for Artistic Research (hereinafter “SAR”) hopes to be able to include research that could otherwise not be published. These Terms are a legal and binding agreement between you and SAR governing your use of the websites www.jar-online.net and www.researchcatalogue.net (hereinafter the “Site”). Please review the Terms carefully before you continue using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue using the Site.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. SAR reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms periodically. The Terms were last updated 03/02/2011.

II. Registration

In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information hereinafter being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation that a user account has been created. You are responsible for maintaining the confidentiality of the OpenID password and user name under which the account was created, and you are fully responsible for all activities that occur under that account. You agree to (a) immediately notify SAR of any unauthorized use of your OpenID password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless SAR from any loss or damage arising from unauthorized use of your password or user name.

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by SAR and processing of such data by SAR in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

III. Privacy Statement

Site user's privacy is of utmost importance to SAR. Protecting your privacy is a very important daily concern at SAR. Hence, SAR does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from the registration process or from the subscription of services provided on the Site. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to “opt out” of receiving promotional and/or marketing information about other products, services and offerings from SAR and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, SAR reserves the right to contact registered users regarding the account status and changes thereto.

SAR reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the website. Users of the Site also should be aware that non-personal information and data may be automatically collected through the standard operation of SAR’s internet servers or through the use of “cookies.” “Cookies” are small text files a web site can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user’s system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, SAR has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information SAR collects online.

IV. Intellectual Property Issues

The Site is owned by SAR. Unless explicitly stated otherwise, all of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (hereinafter "Content") is owned or licensed by SAR. Pursuant to the copyright and trademark laws of Switzerland, you agree:

  1. That you may only download Content that SAR designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written prior authorization from the owner of such Content.
  2. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  3. To refrain from framing or mirroring any portion of the Site.
  4. By uploading material, posting comments, or providing other content to the Site (hereinafter "User Content"), you grant SAR the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses. SAR may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such products. You also agree that SAR may make User Content available to users of the Site who may display and redistribute it in the same way that SAR makes all other Content available.
  5. If you believe that your work has been used in a way that might constitute a copyright infringement, please provide us with the following information:

    1. A short description of the copyrighted work that you claim has been infringed;

    2. A short description of where the allegedly infringing material is located on the Site;

    3. Your address, phone number and e-mail address;

    4. Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative; and

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

SAR may be reached as follows:
Society for Artistic Research
Brunngasse 60
PO Box 675
CH-3000 Bern 8
Switzerland
email

Upon receipt of your copyright infringement notification, the following procedure is invoked:

  1. SAR will acknowledge receipt of your complaint via email or letter and will make an initial assessment of the validity and plausibility of your complaint.
  2. Upon receipt of a valid complaint, the material in question will be temporarily removed from the Site until the matter is resolved.
  3. SAR will contact the contributor who uploaded the material in which you claim to have a copyright. Said contributor will be notified that the material is subject to a copyright infringement complaint, under what allegations, and will be encouraged to assuage the complaints concerned.
  4. The complainant and the contributor will be both encouraged to liaise with each other in order to resolve the copyright infringement issue swiftly and amicably and to the satisfaction of both parties.
  5. If the contributor and the complainant are unable to agree on a solution, the material will remain unavailable/offline.

V. Liability

The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content. Although SAR does not routinely monitor the postings to the Site, SAR reserves the right (but assumes no obligation) to delete, move, or edit any User Content that comes to its attention that SAR considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of SAR, restricts or inhibits any other user from using or enjoying the Site will not be permitted. SAR reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Site, or any of the copyright or trademark laws of Switzerland.

The Site may provide, or third parties may provide, links to other websites or resources. Since SAR has no control over such websites and resources, you acknowledge and agree that SAR is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that SAR shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked website or resource.

VI. User Conduct

SAR wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than SAR. SAR neither endorses nor guarantees the accuracy of any User Content. SAR does not preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate material will not be posted. SAR may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy skepticism and your own good judgment. You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:

  1. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports SAR's mission which is to offer artistic researchers the opportunity to disseminate their research in a variety of ways including a combination of a journal publication with research documentation and exposition in a research catalogue.
  2. Represent that you are the owner of the User Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for SAR's use, in accordance with the license you grant in Section III of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others.
  3. Neither post nor transmit any unlawful User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any other law.
  4. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
  5. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;
  6. Not post anonymously or impersonate any other person; and
  7. (a) Make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, (b) make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and (c) neither circumvent nor disable any security or data-protection measures implemented by SAR.

VII. Indemnification

You agree to indemnify, defend, and hold harmless SAR, its affiliates and partners and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. SAR reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with SAR in asserting any available defenses.

VIII. Miscellaneous

These Terms and any other operating rules or terms currently posted on the Site constitute the entire agreement between SAR and the users of the Site, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No action of SAR may be construed as a waiver of any part of these Terms.

Should any of the above sections be unenforceable, the other paragraphs will remain in full force and effect.

These Terms shall be governed by and interpreted in accordance with the laws of Switzerland excluding any rules of conflicts of laws that would apply the substantive laws of any other jurisdiction. Exclusive place of jurisdiction shall be Berne, Switzerland.

Journal for artistis research

ISSN 2235-0225

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