Terms of Use & Agreement

Carefully read these Terms of Use. By using the Cultural Media Library website in any manner, you are agreeing to be bound by and are becoming a party to this agreement. We reserve the right to change the terms of this agreement in the future and any changes will apply to your usage of the website after the date of such change.

 

1. Acceptance of terms; Legal compliance

The Cultural Media Library/Médiathèque Culturelle provides this website, www.cultural-media-library.com (this “Site”), including all information, documents, communications, files, images, text, graphics, software, products and services available through the Site (collectively, the “Materials”) and all services operated by The Cultural Media Library/Médiathèque Culturelle and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use” or “Agreement”).

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof). You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.

2. Introduction and defined terms

We provide a platform through the Site where certain users may share video, photographic, textual, and other content regarding the culture of Southeast Asia. By submitting your work to The Cultural Media Library/Médiathèque Culturelle, you are offering the public the opportunity to ... All user-supplied content, information, materials, files, communications, documents, text (including writing samples) and images you provide through the Site, are referred to collectively as “User Content.”

“Our Content” or “The Cultural Media Library/Médiathèque Culturelle Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “user.”

3. Intellectual property; Limited license

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:

  1. Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the Site content without express permission from us.

  2. Our Content and User Content may not be modified or altered in any way except by the user who submitted such content or by us.

  3. You may not remove any copyright or other proprietary notices contained in Our Content or User Content.

  4. We reserve the right to revoke the authorization to view and use Our Content and User Content available on the Site or any portion of it at any time, and any such use shall be discontinued immediately upon notice from us.

  5. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view and use Our Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

4. Trademark information

The trademarks, logos, and service marks, including the “The Cultural Media Library/Médiathèque Culturelle” and “M” trademarks (the “Marks”) displayed on this Site are the property of The Cultural Media Library/Médiathèque Culturelle or other third parties. You are not permitted to use the Marks without the prior written consent of The Cultural Media Library/Médiathèque Culturelle or such third party that may own the Mark.

5. License to the Cultural Media Library/Médiathèque Culturelle for user content

Certain content on the Site accommodate or require User Content. Examples of such user content include videos, photographs, text, and/or other content uploaded by our users. By submitting User Content to any area of the Site you grant us the following type of license: a perpetual, worldwide, royalty-free, non-exclusive license to modify and reproduce such User Content for the purposes for which they were uploaded. You also grant us the right to publicly display and perform such User Content on the Site for the purpose for which such User Content was submitted to the Site. Without limiting the foregoing, we reserve the right (but are not obligated) to advertise and promote our services on or through other websites on the Internet without notice and without liability or obligation to you and we may use your User Content to highlight our services.

You agree that you will not submit any User Content to the Site that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing or violation of this Agreement. Users agree that all submissions must be original and not violate the rights of any third parties.

6. Prohibited communications

You may submit only User Content to or through the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. As outlined in more detail below, you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site. Furthermore, if legal action is taken against us for your violations of

these terms we reserve the right to hold you liable for our losses resulting from your violation of these provisions or of applicable law, and you agree to fully indemnify us and to compensate us for any resulting losses and related legal costs incurred in defending ourselves because of your violation of these Terms of Use and other rules and conditions posted on the Site.

More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site of User Content. When you submit User Content, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
  2. You have fully complied with any third-party licenses relating to your User Content;
  3. Your User Content is not excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  4. Your User Content does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
  5. Your User Content does not violate any applicable law designed to regulate electronic advertising;
  6. Your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site;
  7. Your User Content does not contain any defamatory material;
  8. Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

7. Managing content and communications

We reserve the right but do not have the obligation to: (a) monitor the Site for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or delete any user’s User Content or any portion thereof that may violate these Terms of Use or any policy of ours; (d) in our sole discretion and without limitation, notice or liability remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (e) terminate and delete Accounts (including information stored in connection with Accounts) without liability to you; and (f) to otherwise manage the Site in a manner designed to protect the rights and property of The Cultural Media Library/Médiathèque Culturelle and others and to facilitate the proper functioning of the Site. We make no representation that we will keep or save your User Content; all such content may be deleted by us in our sole discretion without liability. In addition, to the maximum extent permitted by law, we will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

8. Personal information and privacy

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of The Cultural Media Library/Médiathèque Culturelle or others.

9. Indemnity and liability

You agree to indemnify and hold The Cultural Media Library/Médiathèque Culturelle, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, torts or damaged caused by you, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.