The following terms of use (the "Terms of Use") govern your use of Juilliard Creative Classroom, a private digital repository of educational resources for teachers working with students ages 4–18 (the “Website”). The Website is made available to you by The Juilliard School (referred to herein as “Juilliard,” “we,” “our” or “us”).
You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. The Website is not intended for use by anyone under the age of 13.
Please read these Terms of Use carefully before using this Website. By using this Website in any manner (whether in an automated fashion (including, without limitation, through a software tool, spider, bot, or agent) or otherwise), your actions constitute an act of acceptance of, and agreement to be bound by, these Terms of Use. Your access to and use of this Website are also governed by the Privacy Policy (the “Privacy Policy”) available here, which is hereby incorporated by reference. If you do not agree to these Terms of Use, you may not access or otherwise use this Website.
We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website. Your continued use of the Website after such a change has been made available through the Website constitutes an act of acceptance of such a change.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED BELOW.
You agree that you will not, directly or indirectly: (i) "harvest" (or collect) information from this Website using an automated software tool or manually on a mass basis; (ii) use automated means to access this Website (except in the operation of a general purpose search engine accessible to the public without the payment of any fee); (iii) gain unauthorized access to this Website or to any account or computer system connected to this Website; (iv) download, store or transmit copies of streamed content from this Website; (v) attempt to obtain access to areas of this Website or our systems that are not intended for access by you; (vi) intentionally overburden, disrupt or harm this Website or its systems; (vii) circumvent the security of this Website or our systems; (viii) misrepresent or attempt to misrepresent your identity while using this Website, or (ix) restrict or inhibit others from lawfully using and enjoying this Website.
You also agree to comply with all applicable laws when you use this Website.
We or our students, licensors, developers or partners own the intellectual property rights in the content and materials, including, without limitation, all photographic and video content, displayed on, or available through, this Website. You may use this Website (including such content and materials) solely for your own personal, non-commercial instructional purposes, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content or material from this Website unless explicitly authorized in these Terms of Use or by an express permission included in the applicable portion of the Website on which such content or material is found. You may, however, download and/or print individual study guides made available for download on the Website sufficient for your personal non-commercial instructional purposes, provided that you keep intact all copyright and other proprietary notices.
The trademarks, logos, service marks and trade names (collectively, the "Trademarks") displayed on this Website or on content or materials available on or through this Website are the registered and unregistered Trademarks of Juilliard, its affiliates, or third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in a manner that is likely to cause customer confusion. All Trademarks not owned by us that appear on this Website or on or through any of this Website's services, if any, are the property of their respective owners. Nothing about this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark.
From time to time, our officers, faculty, trustees, employees, consultants, agents or representatives
(collectively, “Representatives") may take certain actions with respect to content or materials available on or through this Website, or otherwise may implement enforcement measures with respect to potential violations of these Terms of Use. You expressly agree that neither we nor any of our Representatives shall be liable to you or anyone else for any action or inaction to regulate content or materials, or to implement enforcement measures with respect to potential violations of these Terms of Use. Except to the extent provided in writing by the General Counsel of Juilliard, you agree not to rely on the commitments, promises or representations of any Representatives with respect to any content or materials appearing on or through this Website, and you agree that any such commitment, promise or representation will not be understood to be a contractual or otherwise binding obligation of Juilliard.
To access this Website, you are required to provide a valid email address as part of the registration and log-in process. The email address you submit must belong to you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You are responsible for all activity occurring when the Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password and log out of your account at the end of each session. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Subject to any elections you make pursuant to our Privacy Policy you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Mary Anne Richmond, The Juilliard School, 60 Lincoln Center Plaza New York, NY 10023, phone: (212) 799-5000 ext. 7201, or by email to copyright@juilliard.edu. Please include the following information in your written notice:
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or in the Privacy Policy.
We have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights.
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of this Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
We have the right to deny access to, and to suspend or terminate your access to, this Website, or to any features or portions of the Website, at any time and for any reason. In the event that we suspend or terminate your access to and/or use of this Website, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
You agree to indemnify, defend and hold us and our affiliates, and our respective Representatives, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms of Use or applicable law, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Website.
We control and operate this Website from our facilities in the United States of America. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
Any litigation that arises under these Terms of Use will be litigated by you and us in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of these Terms of Use in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Terms of Use in the federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED FOR EDUCATIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
You agree that use of this Website is at your own risk. We reserve the right to change or make corrections to any of the information at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on this Website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on this Website. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (AS DEFINED HEREIN) OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED ON OR THROUGH SUCH WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR REPRESENTATIVES (AS DEFINED HEREIN), ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE WEBSITE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). BECAUSE SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR REPRESENTATIVES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
In the event of a dispute arising under or relating to these Terms of Use, the Privacy Policy, or any other agreement between you and Juilliard in connection with this Website or any related services, (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the Borough of Manhattan, City of New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER ABOVE, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS OF USE. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
These Terms of Use, together with our Privacy Policy and any additional terms and conditions that may apply to this Website constitute the entire agreement between us and you with respect to this Website. This agreement is personal to you and you may not assign it to anyone.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.
You agree that any claim or cause of action that you may have arising out of or related to use of a Website, or these Terms of Use, must be filed by you within one year after such claim or cause of action accrued or the claim will be permanently barred.
The following provisions will survive any expiration or termination of these Terms of Use: “Intellectual Property,” “Responsibility for Content,” “Electronic Communications,” “Indemnification,” “Applicable Law; Jurisdiction; No Waiver; Severability,” “Disclaimer of Warranties,” “Limitations of Liability,” “Binding Arbitration,” “Class Action Waiver,” and “Other.”
Last Updated: September 2017