Consistent with applicable law, as between Artsonia and you, you retain all ownership rights you have in any User Content. Artsonia does not claim any ownership rights in the User Content. In short, what belongs to you stays yours. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you, and the rights to such template or layout will remain with us.
In order to allow Artsonia to provide the Service, you hereby grant to Artsonia a limited, non-exclusive, sublicensable (as necessary to perform the Service, produce Custom Merchandise or distribute Lesson Plans), worldwide, royalty-free, and transferable (only to a successor) right and license to:
- use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works (such as changes we make so that your content works better with our Service or to produce Custom Merchandise) such User Content as necessary to (a) provide, improve and make the Service available to you and other Users, (b) produce (including sharing with our service providers) Custom Merchandise depicting the User Content and (c) provide the Lesson Plans to third parties (if you opt-in to such sharing), including through any future media in which the Service may be distributed;
- use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or in marketing and business development purposes);
- use any User Content (including any Student Data or Education Record) that has been de-identified for any product development, research or other lawful purpose subject to the DPA; and
In addition to the rights, licenses and privileges referred to above, you agree that Artsonia may use and refer to your Artwork, first name and screenname that are posted publicly on the Artsonia Website and not in the private areas of our Service ("Public Artwork") (including screen shots) in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Artsonia Service, and any products, goods, features, capabilities and/or services associated with the Artsonia Service. This right will continue until your Public Artwork is deleted; provided however, that any Public Artwork previously printed in brochures, articles or other marketing materials that Artsonia had prepared before any request for deletion was received will continue to be used.
Parents acknowledge and agree that the license granted in (i)(b) may mean that third parties that are not related to or known to parent may purchase Artsonia Custom Merchandise containing their child's User Content (e.g. Artwork and title), and that parent has granted such license when they consent to their child's Artwork being posted publicly on the Service. The license in (i)(b) above will terminate when you withdrawal your consent or delete the IP Content, provided, however, that such license will continue for Custom Merchandise previously purchased by third parties prior to such withdrawal or deletion.
School Personnel acknowledge and agree that the license granted in (i)(c) will not be effective unless School Personnel "opts-in" to sharing of Lesson Plans and will continue until School Personnel turns off such sharing for that particular Lesson Plan. However, School Personnel understands and agrees that "turning -off" or "opting-out" with regard to a previously submitted Lesson Plan does not terminate any sub-licenses to the affected lesson plan(s) previously granted by Artsonia to any third parties, but Artsonia thereafter shall not grant any additional sub-licenses for the affected Lesson Plan.
You agree that you, or your Institution, are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. Institution or School Personnel, as applicable, represents, covenants and agrees on behalf of yourself and your student Users that the submitting User (including your students) has all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content it submits or uploads without violating any third-party rights. You are responsible for ensuring your User Content complies with the Acceptable Use and Conduct Section and any other guidelines or conditions specific to certain categories of User Content. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Artsonia cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which Users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You acknowledge that Artsonia and its designees (such as School Personnel) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Content through or on the Artsonia Service in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not any User Content is appropriate or acceptable to you. We do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone's intellectual property rights.
While Artsonia does not permit Artwork containing personal information of Users under the age of 13 to be public, if you as a parent or School Personnel, upload any Artwork containing your likeness, you also agree to the following:
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Content
Our automated systems analyze your User Content (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. Artsonia will not analyze any personal information contained in Educational Records or Student Data for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to (i) prohibit Artsonia from marketing or advertising directly to parents or other Users so long as the marketing or advertising did not result from the use of personal information contained in Educational Records or Student Data obtained by Artsonia from providing the Services (unless such use is consented to by parents or legal guardians) (ii) apply to the marketing of school memorabilia such as photographs, yearbooks or class rings, (iii) prohibit Artsonia from using aggregate or De-Identified Data to inform, influence or enable marketing, advertising or other commercial efforts by Artsonia, (iv) limit the ability of Artsonia to use Educational Records or Student Data for adaptive learning or customized student learning purposes, or (v) prohibit Artsonia from using Student Data or Education Records to recommend educational products and services to parents/guardians, students or School Personnel so long as the recommendations are not based in whole or part in payment of other consideration from a third party.