Policies

Editorial Policy:

Restrictions

Independent Arts & Media is incorporated as a nonprofit in California, and by law is forbidden from “the carrying on of propaganda or otherwise attempting to influence legislation,” and from participating in or intervening in “any political campaign on behalf of (or in opposition to) any candidates for public office.”

Opinion

In the interest of broadening the scope and increasing the quality of public discourse, our partners – including artists, writers, musicians and media producers – will express opinions, but this is not to be construed as written or implied sponsorship or endorsement of such opinion by Independent Arts & Media.

Autonomy

We do exercise editorial discretion, but are dedicated to the creative autonomy of individual contributors and organizations that are part of the Independent Arts & Media network.

Standards

We will hold our partners to the highest editorial and creative standards, and expect them to demand the same of us. In the instance of unredressable cognitive dissonance, Independent Arts & Media will honor existing commitments before re-evaluating long term support.

We affirm and support the Code of Ethics of the Society of Professional Journalists.

Privacy Policy:

Thank you for visiting artsandmedia.net (the “Site”), which is owned and operated by Independent Arts & Media, a 501(c)(3) organization (“IAM”). This Privacy Policy explains how this Site collects information, including personally identifiable information, and how IAM uses and discloses that information.

1. Effective Date. This Privacy Policy is effective as of May 15, 2018.

2. Your Consent to This Policy. By using this Site, you consent to the collection, use, and disclosure of information, including your personal information, as set forth in this Privacy Policy. Please do not provide content or personal information on or otherwise use this Site if you do not wish to agree to these terms.

3. This Policy Is Part of Our Terms of Use. This Privacy Policy is part of IAM's Terms of Use that govern your use of this Site. Parts of the Terms of Use affect this Privacy Policy, so please review them prior to using the Site.

4. Types of Information IAM Collects.

• Information You Manually Provide. IAM collects the personal information you knowingly and manually provide when you use the Site. “Personal Information” is information that identifies you personally, alone or in combination with other information available to IAM. Examples of personal information include your name, address, and email address. The type of Personal Information IAM collects varies depending upon how you use this Site. For example:
• Contact Forms. When you submit a contact form on the Site, you may be asked to provide your name and email address for us to contact you, and any other information that you wish to share with us in the contact form.
• Comments on Blog Posts. When you post a comment on an IAM blog post on the Site, you may be asked to provide your name and email address in connection with any other information you wish to share in your comment.
• Infringement Notices. When you submit a notice to IAM alleging that any content contained on the Site infringes your copyright or trademark or the copyright or trademark of a third party, is libelous, or violates the rights of privacy or publicity of you or a third party, you may be asked to provide your name, address, telephone number, and email.
• Affiliate Regrant Request Forms. If you are a representative of an IAM affiliate project (“Affiliate”), you may submit Regrant Request Forms through the Site that ask for the name, email, address, phone number, and payment details of the person to be paid related to your request.
• What IAM Does Not Collect. IAM does not collect any information other than what you manually submit through the Site.
• IAM Does Not Use Cookies. Many sites use cookies and/or other technologies to place information about a user’s visit to that website in a small data text file that is stored on the user’s computer. IAM does not use “cookies” or similar technologies in connection with the Site.

5. Our Use of Google Analytics. IAM uses Google Analytics, a web analytics tool that helps IAM understand how visitors engage with this Site. Google Analytics does not provide any personally identifiable data on individual users, such as IP addresses, names, email addresses, or any other unique identifier. If you do not want information about your visit to this Site sent to Google Analytics, you may download an opt-out browser add-on from the Google website directly.

6. Our Use of Google AdWords. IAM uses Google AdWords, an advertising platform that allows us to show you advertisements that appear in Google search results when you enter certain search keywords relevant to IAM into Google’s search feature. When you visit a page or see an ad that was served using Google AdWords, various cookies may be sent to your browser by Google and other third parties. A “cookie” is a small file saved on your computer to help store preferences and other information that’s used on the web pages that you visit. For more information about the types of cookies used by Google, click here. You may also opt out of Google’s cookies by visiting Google’s Ad Settings page.

7. How IAM Uses Information Collected Through This Site.

General Uses. Generally, IAM uses the information it collects through this Site:

• to provide the information and services you request;
• to better understand your needs and interests in order to provide you with effective service;
• to contact you with information and notices related to your use of this Site;
• to improve the Content (as defined in IAM's Terms of Use), functionality and usability of this Site;
• to improve IAM’s marketing and promotional efforts;
• for security, credit or fraud prevention purposes; and
• for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and IAM.

Infringement Notices. If you submit Personal Information to IAM in connection with a notice to IAM alleging that any content contained on the Site infringes your copyright or trademark or the copyright or trademark of a third party, is libelous, or violates the rights of privacy or publicity of you or a third party, IAM will use the Personal Information collected to address, investigate, respond and take action in response to your notice.

Regrant Request Forms. If you are an Affiliate submitting Regrant Request Forms through the Site, the form requires a password to access for your security. IAM uses information collected from these forms to process regrants, reimbursements, and/or other types of vendor payments to the Affiliate and/or third party payee identified in the form.

8. Your Choices. You have choices about the ways IAM collects, uses and discloses the Personal Information that you manually submit. You always have the choice about whether to manually submit Personal Information to IAM. IAM includes an “unsubscribe” link in our electronic newsletters in order to provide you with the opportunity to “opt out” of receiving such communications. If you have any other privacy concerns about information submitted to IAM through the Site, please contact IAM at the contact information below. IAM will endeavor to honor requests within a reasonable amount of time.

9. Steps IAM Takes to Safeguard Your Personal Information. IAM maintains reasonable administrative, physical and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. Unfortunately, no website, mobile or tablet application, server or database is completely secure or “hacker proof.” Therefore, IAM cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

10. How IAM Shares Your Personal Information With Others.

• To Facilitate the Regrant Process for Affiliates. IAM may share certain Personal Information about Affiliates with third parties where necessary to facilitate the regrant process and otherwise to allow IAM to provide fiscal sponsorship services to Affiliates.
• Third–Party Service Providers. IAM shares Personal Information collected through this Site with third-party service providers who act for or on behalf of IAM and may need information about users to perform their functions. For example, IAM may use third-party vendors to design, operate, and/or host this Site, to conduct surveys, and to help IAM with its promotional efforts.
• Compliance With Laws and Protection of Our Rights and the Rights of Others. IAM may disclose your Personal Information when IAM believes, in good faith, or has been advised by legal counsel that disclosure is appropriate to comply with the law, a court order or a subpoena. IAM may also disclose your Personal Information to: (a) prevent or investigate a possible crime, such as fraud or identity theft; (b) to protect the security of this Site; (c) to enforce or apply IAM’s online Terms of Use or other agreements; or (d) to protect IAM’s rights or property, or the rights, property or safety of our users or others.
• Privacy Notices. This Privacy Policy may be supplemented or amended from time to time by “privacy notices” posted on this Site. IAM reserves the right to disclose your Personal Information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your Personal Information on that page you will be consenting to the use and disclosure of your Personal Information as described in that privacy notice.

11. Children Under the Age of Thirteen. IAM does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not provide any Personal Information on or to this Site. If you believe that a child under 13 has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact IAM so that appropriate action can be taken.

12. Links to Other Sites. This Site may provide links to other websites operated by third parties. IAM expects our partners and third-party service providers to be transparent about their data protection practices. Be aware, however, that IAM has no control over third-party websites. This Privacy Policy does not apply to Personal Information collected on any third-party website. When you access third-party websites through a link on this Site, please take a few minutes to review the privacy policy posted on that site.

13. This Privacy Policy May Change. This Privacy Policy describes IAM’s current policies and practices with regard to the information, including Personal Information, collected through this Site. IAM is continually improving and adding to the features and functionality of this Site and the services offered through this Site. As a result of these changes (or changes in the law), IAM may need to update or revise this Privacy Policy. Accordingly, IAM reserves the right to update or modify this Privacy Policy at any time, without prior notice, by posting the revised version of this Privacy Policy behind the link marked “Privacy Policy” in the universal footer of this Site. Your continued use of this Site after the revised Privacy Policy has been posted constitutes your agreement to be bound by the revised Privacy Policy and your agreement that any information IAM previously collected from you may be used as described in the revised Privacy Policy. For your convenience, whenever this Policy is changed, IAM will update the “effective date” at the top of this page. If you have not used this Site recently, be sure you check the effective date to see if this Policy has been revised since your last visit. 

14. Contact Us. If you have any questions about this Privacy Policy or IAM’s privacy practices, please contact IAM using the information provided below:

Independent Arts & Media

P.O. Box 420442
San Francisco, CA 94142

Tel: (415) 738-4975
admin@artsandmedia.net

Terms of Use:

Thank you for visiting artsandmedia.net (the “Site”), which is owned and operated by Independent Arts & Media, a 501(c)(3) organization (“IAM”). These Terms of Use govern your use of the Site.

1. Effective Date. These Terms of Use are effective as of December 3, 2014.

2. Your Acceptance of These Terms of Use. These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use. Please do not access or use this Site if you do not agree to the terms and conditions set forth herein.

3. Your Acceptance of IAM’s Privacy Policy. By agreeing to these Terms of Use, you also agree to the terms of IAM’s Privacy Policy, which is expressly incorporated herein by reference. All personal information provided to IAM by you as a result of your use of this Site will be handled in accordance with the Privacy Policy.

4. License to Use the Site. Permission is hereby granted to you to the extent necessary to allow you to lawfully access and use this Site and to display, download or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that, except with the prior express written permission of IAM, (1) you do not modify or create derivative works of the Content; (2) you retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content elsewhere or broadcast the Content in any media.

5. Ownership of This Site and Its Content. This Site, including all content made available on the Site, including, without limitation, software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (the “Content”), is solely owned by IAM and its Affiliates (as defined below) and partners, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and all other applicable intellectual property laws and other laws, including, without limitation, the laws of the United States and other countries. The presence of any Content on this Site does not constitute a waiver of any right in such Content. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of an authorized representative of IAM.

6. Your Feedback. Ownership of any content, materials or feedback you provide to us through this Site, including as comments on IAM blog posts, or by email (“Feedback”) will be and remain your exclusive property. However, in submitting Feedback to IAM, you hereby grant IAM the worldwide, sublicenseable, non-exclusive, royalty-free right and license to use, copy, disclose, display or perform publicly, distribute, improve and/or modify any Feedback you submit for any purpose whatsoever, without restriction and without compensation to you. Do not send to IAM any Feedback for which you are not comfortable granting such a license to IAM.

7. Trademarks. IAM trademarks, names and logos, icons and graphics appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of IAM (the “IAM Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the IAM Marks in any manner without IAM’s prior express written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners.

8. Your Obligations. In consideration of your use of this Site, you agree that, to the extent you provide any information or Feedback to IAM, the content of such information or feedback will be true, accurate, current and complete to the best of your knowledge, that you have the right to submit such Feedback and grant the license to IAM contained herein, and that you will update all information as necessary to correct any known errors or misstatements. If you are an IAM affiliate project (“Affiliate”) who uses the Site for submission of forms, including, without limitation, Regrant Request Forms, you understand and agree that the login password provided to you is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities on the Site under your password, including all information submitted, by you or by anyone else using your password, whether or not authorized by you. You agree to notify IAM immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform IAM of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your password by contacting IAM using the information provided in Section 21 below.

9. Your Use of the Site. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. IAM reserves all rights and remedies available to it.

10. Infringement Notices. IAM respects the rights of intellectual property owners and asks its users and Affiliates to do the same. If you believe any content posted on the Site is infringing your copyright or trademark or the copyright or trademark of any third party, is libelous, or violates the rights of privacy or publicity of you or a third party, please notify IAM in accordance with the following procedure:

All notifications must be in writing and directed to IAM’s designated agent at the following mailing address or email address:

Independent Arts & Media
Attn: Copyright Agent
P.O. Box 420442
San Francisco, CA 94142
Tel: (415) 738-4975
admin@artsandmedia.net

Please make sure to include in each copyright infringement notification the following information:

a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;
b) Specific identification of each copyrighted work claimed to have been infringed;
c) A description of where the material believed to be infringed is located on the IAM Site (e.g. hyperlink);
d) Contact information for the complaining party, including a complete name, address, telephone number, and email address;
e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) 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.

11. DISCLAIMERS. IAM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IAM, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IAM, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. IAM DOES NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS OR ANY TRANSMISSIONS SENT FROM IAM OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IAM, ON BEHALF OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

13. Links to Third-Party Websites. This Site may provide links to other websites operated by third parties. Because IAM has no control over third-party websites, IAM is not responsible for the availability of those websites and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. IAM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

14. Modification and Discontinuation. IAM reserves the right, from time to time and at any time, to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that IAM shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

15. Waiver. Any failure by IAM at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by IAM of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

16. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

17. Governing Law, Jurisdiction and Venue. These Terms of Use will be governed under the laws of the State of California without regard to its conflicts of law provisions. All actions or proceedings commenced by you and arising out of or relating to these Terms of Use will be brought exclusively in state or federal court in the City and County of San Francisco, California. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, IAM retains the right to bring legal proceedings in any jurisdiction where IAM believes that infringement of these Terms of Use is taking place or originating.

18. Indemnity. You agree to indemnify and hold IAM and its directors, officers, employees agents, Affiliates, suppliers, licensors and service providers harmless from any loss, liability, claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes or is alleged to cause IAM to be liable to another. IAM reserves the right to defend any such claim, and you agree to provide IAM with such reasonable cooperation and information as it may request.

19. These Terms of Use May Change. IAM reserves the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” on this Site. These changes will be effective as of the date the revised version is posted on this Site. Your continued use of this Site after the revised Terms of Use have been posted on this Site constitutes your agreement to be bound by the revised Terms of Use.

20. Entire Agreement. These Terms of Use (together with the IAM Privacy Policy) contain the entire understanding and agreement between you and IAM with respect to this Site and supersedes all previous communications, negotiations, and agreements, whether oral, written or electronic, between you and IAM with respect to this Site and your use of this Site.

21. Contact. If you have any questions about this Site or these Terms of Use, please contact IAM at:

Independent Arts & Media
P.O. Box 420442
San Francisco, CA 94142
Tel: (415) 738-4975
admin@artsandmedia.net