Terms

Welcome to My Arts Journal

TERMS OF USE

PRIVATE INTERNET PERFORMANCE OF COPYRIGHTED WORKS

Introduction

My Arts Journal is the creation of Richard Blue, President of Life Empowerment, Inc. The journal provides a method of utilizing the Internet to permit students to measure and document their progress and for arts teachers to support the development of their students. It makes it possible to share private performances of often copyrighted works available to a limited number the student’s friends and family without infringing the copyright of the owners of the music that the students are learning. Public performance can constitute an infringement of the owner’s copyright; however, private performances of copyrighted works are not an infringement. In order to avoid copyright infringement My Arts Journal is designed to assure that all performances of the copyrighted works be made in private and not displayed publicly. My Arts Journal requires that all of the users of its services cooperate with My Arts Journal to avoid infringement of copyrighted works. These users include the journal’s own administrator, students and teachers and the friends and family of the students who are provided private access to the student’s performances.

Service Administrator

My Arts Journal is committed to assure compliance with the Digital Millennium Copyright Act (the “DMCA”). This act includes very specific rules that a service provider should follow if the service becomes aware that a copyright infringement is occurring. The act calls for the service provider to appoint an administrator who is responsible for assuring that all activities carried out through the private Intranets is in full compliance with the United States Copyright Law. The administrator also has the obligation to comply with the requirements of the DMCA in order to avoid any liability for damages when informed of a copyright infringement in connection with one of the Intranets. Our administrator is registered with the United States Copyright Office as the Interim Designated Agent to receive notification of any claimed infringement of any copyrights by My Arts Journal or its users. In the event of any claim the administrator must respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Our Administrator and Interim Designated Agent and his contact information for reporting any potential infringement is:
Richard Blue
Life Empowerment, Inc
PO Box 130038
Carlsbad, CA 92013-0038
Phone: 760-931-8148
E-mail: support@myartsjournal.com
Fax: 760-931-1922
If you believe something on this Site has infringed your intellectual property rights, please notify our agent identified above and provide the following information:
A) Identification of the copyrighted work claimed to have been infringed.
B) 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.
C) Address, telephone number, and, if available, an electronic mail address where we may contact you.
D) 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.
E) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Students and Teachers

Each music student is provided with the opportunity of create a private Internet system in which his or her performances or art may be uploaded and stored on a server computer, but where access is limited to a program administrator, the student, teacher(s), and a limited number (less than 25) of designated third parties such as family members and friends of the student. Our server computer is also programmed with software that permits private secure communication between an arts studio, teachers and their students. Software is provided that permits teachers and their students to upload encrypted student performances (including performances of copyrighted works) to a server operated by My Arts Journal. The uploaded performances are stored in a file referred to as the students’ Journal, and identified to each particular student. Software is designed to permit us to limit access to the students’ performances to a limited number of persons who have agreed to prevent access to the performances by members of the general public. The software permits access to no more than 25 computers as designated by the students or their teachers. Special software is downloaded to the limited number of computers to permit performances stored on the My Arts Journal server computer can be downloaded to the identified computers, but special software prevents any further copying of the downloaded performances. These limited numbers of computers are permitted to download software from My Arts Journal to permit the transmitting and receiving of information related to the learning process of the student. This information may include recorded video and/or audio performances by the student (including video and/or audio performances of copyrighted works), photos and praise, criticism, suggestions and comments by the teacher and the limited number of third parties.

Specifically, students and teachers agree that sheet music of copyrighted works used by the teacher should be purchased from authorized publishing houses unless an exception is clearly authorized by the copyright law. Students and teachers agree to cooperate with My Arts Journal to limit access of copyrighted performances only to a limited number (not more than 25) of friends and family members.

Friends and Family

Performances downloaded from My Arts Journal are programmed with restriction to prevent copying or further transmission. Friends and family members who download performances of the music students are required to agree to make no attempt to avoid the restrictions to make copies or further transmit the performance. Friends and family further agree to take all reasonable efforts to avoid making downloaded performances available to members of the general public.

PUBLIC INTERNET PERFORMANCE OF COPYRIGHTED WORKS

My Arts Journal intends to establish procedures that will permit students to make their audio and video recorded performance available to the general public. The Life Empowerment, Inc. intends to enter into agreements with owners of copyrighted works or their agents authorizing it to make available to the general public performances by students of the copyrighted works. Life Empowerment will then provide teachers with access to lists of copyrighted works covered by the agreements. Performances of the copyrighted works may be uploaded to the server and made available to the public. The same server or a separate server will be programmed with software to permit members of the general public to pay a fee to the studio to download, listen to or view the performances of the students. A portion of fee may be automatically set aside to pay an agreed upon license royalty to the agent of the owner of the copyright. Another portion of the fee is set aside for the student performer and/or his teacher. The studio may charge the teacher or the student an up-front fee with respect to each performance made available to the general public. This service is not available at this time. My Arts Journal will notify its users when this service is available.

OTHER TERMS AND CONDITIONS

1. Changes to Terms

My Arts Journal may, at any time, for any reason and without notice, make changes to (A) this Website, including its look, feel, format, and content, as well as (B) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

2. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. My Arts Journal makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

3. Commercial Use

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of My Arts Journal is strictly prohibited.

4. Copyrights and Trademarks

The materials at this Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions.

5. No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to My Arts Journal that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

6. 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, ANY WDIG SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEBSITE 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 ANY WDIG 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 THIS WEBSITE OR CHANGE THE THIS WEBSITE 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.

7. Governing Law

These Terms of Use shall be governed in all respects by the laws of the State of California, USA.

8. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any My Arts Journal confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. The arbitration shall be held in California, USA.

9. Disclaimers

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO FROM ANY THIS WEBSITE 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, COMPATABILITY 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 THIS WEBSITE 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 WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). 10. 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 Website 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.

11. Accounts and Security

My Arts Journal does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide My Arts Journal with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that My Arts Journal, in its sole discretion, deems inappropriate or offensive.
You shall notify My Arts Journal of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at My Arts Journal’s sole discretion, and you may be reported to appropriate law-enforcement agencies.