Welcome to CultureStrike, a site operated by CultureStrike.org ("CultureStrike" or "we" or "us") under the fiscal sponsorship of CEL Education Fund (CELEF) to provide information about our organization and circulate the creative content generated by the artists and organizations we work with. Our Services include our website www.culturestrike.org, our magazine website www.culturestrikemag.org, and other features, content, and functionality offered by us from time to time in connection with Our website (the "Site").
The Bottom Line
Modification to Agreement
We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes. THIS AGREEMENT WAS LAST UPDATED ON: November 2, 2014.
Use Common Sense
We suggest you give careful thought to the information you voluntarily provide when using our site. You are responsible for protecting your privacy and personal information when deciding whether to use our Site.
Your Use of This Site & Intellectual Property Rights
The Site is for the personal use of visitors for the purposes set out in this Agreement and may not be used for any purpose whatsoever other than to access information about CultureStrike’s mission and projects, in accordance with the terms of this Agreement. Content provided through the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited or used for any other purposes inconsistent with the Site’s purpose without the prior written consent of CultureStrike. You may access and use content only as permitted under this Agreement. CultureStrike reserves all rights not expressly granted in and to the CultureStrike Site.
Artists including visual artists, musicians, filmmakers, writers, performers, and other creative and cultural workers (broadly defined as “Artists”) whose work appears on the site maintain copyright and other intellectual property rights (“Artists’ Intellectual Property”), to the extent that they have such rights under applicable law. All copyright and other rights in and to other computer programs, computer applications, Web applications, database programs, Web content files, and all written, graphic, audio, and audiovisual works incorporated into and utilized on the Site shall be and remain the sole and exclusive property of CultureStrike (“CultureStrike Intellectual Property”). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such CultureStrike Intellectual Property or Artists’ Intellectual Property.
In no event can this Site or its content be used for any commercial or for-profit endeavor or purpose, which is a violation of these terms. You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third-party artistic content obtained through the Sites. You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.
CultureStrike, unless otherwise indicated, does not create Artists’ Intellectual Property posted via the Site and, as such, does not guarantee the accuracy, integrity, or quality of such Artists’ Intellectual Property. You agree that you must evaluate, and bear all risks associated with, the use of any Artists’ Intellectual Property, including any reliance on the accuracy, completeness, or usefulness of such Artists’ Intellectual Property. You further understand and acknowledge that you may be exposed to Artists’ Intellectual Property that is offensive, inaccurate, indecent, or objectionable, and under no circumstances will CultureStrike be liable in any way for any Artists’ Intellectual Property, including, but not limited to, any errors or omissions in any Artists’ Intellectual Property, or for any loss or damage of any kind incurred as a result of the use of any Artists’ Intellectual Property posted, emailed, transmitted, or otherwise made available via the Site.
Please don’t abuse this system, but if you truly believe your work has been infringed, you should send us a DMCA notice. We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:
Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, "My copyrighted work is an image that appears at [list profile where material is located].");
Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to "prove" your claims). The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
Include the following statement: "I have 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.";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.";
The Notice must be signed;
The Notice must be sent to our DMCA designated agent at the following address:
CEL Education Fund
2150 Allston Way. Suite 360
Berkeley, CA 94704
By email: email@example.com
Tel: (510) 457-1023
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored.
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must:
Describe and list all material(s) that were removed by CultureStrike and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
Provide your name, address, telephone number and email address (if available);
State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
Include the following statement: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
The Counter-Notice must be signed.
The Counter-Notice must be sent to our DMCA designated agent at the following address:
CEL Education Fund
2150 Allston Way. Suite 360
Berkeley, CA 94704
By email: firstname.lastname@example.org
Tel: (510) 457-1023
Maintenance and Outages
From time to time, as is typical with online Services, CultureStrike may need to perform maintenance on or make modifications to the Site that require the Site to be unavailable for periods of time ("System Downtime"). Please note that the duration of planned System Downtime may exceed the initial estimate. In addition, events such as natural disasters, power outages, or technical emergencies may cause unscheduled System Downtime.
CultureStrike reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that CultureStrike will not be liable for any interruption of the Site, delay or failure to perform. You further understand that CultureStrike has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
Disclaimers, Damages, and Liability
You agree that CultureStrike and CultureStrike Entities (collectively, the "Releasees") are not responsible for any Artists’ Intellectual Property posted on the Site. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, content or communications. Releasees are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or Services. Under no circumstances will CultureStrike be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone’s use of the Site or the Services, any content posted on the Site or transmitted to Users of the Site, or any interactions between Users of the Site, whether online or offline. The Site and the Services are provided "AS IS" and (to the extent legally permitted) CultureStrike and CultureStrike Entities expressly disclaim any warranty of fitness for a particular purpose or noninfringement, and further expressly disclaims any implied warranty and terms and conditions. CultureStrike and CultureStrike Entities cannot guarantee and do not promise any specific results from use of the Site and/or the Services.
Except where restricted or prohibited, in no event will the Releasees be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the Site or the Services, even if the Releasees been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Releasees’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to CultureStrike for the Services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You hereby agree to release the Releases and their respective officers, directors, agents, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You hereby agree to defend, indemnify, and hold harmless the CultureStrike Entities and their respective officers, directors, agents, and employees, from all damages, liabilities, claims, and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from or based on your use of the Site and, any action or inaction by you in connection with the deletion, alteration, transfer, or other loss of content, status, or other data held in connection with your Membership, Claims, or Disputes.
If there is any claim, controversy, or dispute at law or equity about this Agreement, the Site and/or the Services ("Claim"), you agree that We will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in Alameda County, California. You agree to submit to the personal jurisdiction of the courts located within Alameda County, California, for the purpose of litigating all Claims.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement, accepted upon use of the Site contains the entire agreement between you and the CultureStrike Site regarding the use of the Site and/or the Services.
The following sections will survive any termination of this Agreement: Fees; License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In CultureStrikes’s sole discretion, CulutreStrike may assign this Agreement in accordance with the Notices section. Section headings are for reference purposes and do not limit the scope or extent of any section. CultureStrikes’s failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. CultureStrike does not guarantee that We will take action against all breaches of this Agreement.