| Interlochen Center for the Arts

Interlochen Center for the Arts Student Portal End User License Agreement

This End User License Agreement (“Agreement”) is made and entered into by and between Interlochen Center for the Arts (“Interlochen”), a corporation organized under the laws of the State of Michigan, and you (“You” or “Your”), the user of the Interlochen Center for the Arts Student Portal (“Software”). This Agreement will be effective when You select the “I Agree” button or continue to use the Software, and Your selection of the “I Agree” button or continued use of the Software constitutes Your manifestation of assent to the terms of this Agreement. If You do not wish be bound by the terms of this Agreement, You must not select the “I Agree” button or use the Software.

Warranties. You warrant and agree that You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that You are a human individual and that You are not a bot, script, or other computer or machine. You warrant that You are not prohibited from assenting to this Agreement by any preexisting Agreement. If You are using the Software on behalf of a third you warrant and agree that you have obtained the consent of Your parent or guardian to use the Software and that Interlochen may contact Your parent or guardian to party, including but not limited to a business entity, You warrant that You are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. In the event you are a child under the age of thirteen (13), verify that he or she has consented to Your use of the Software.
Limited License. Subject to the terms of this Agreement, Interlochen grants You a limited, non-exclusive, personal, non-transferrable, and revocable license to use one copy of the Software in executable code form, for its customary and intended purposes, and subject to the terms of this Agreement. You understand and agree that Interlochen reserves the right to terminate this Agreement and its associated license at any time, without prior notice, and within its sole and absolute discretion. Additionally, this limited license will terminate upon Your violation of any term of this Agreement or Your violation of any local, state, national, or international law or regulation. As a condition precedent to the license granted under the terms of this Agreement, You understand and agree that You are expressly prohibited from:
1. Distributing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Software;
2. Decompiling, reverse engineering, disassembling, or hacking the Software;
3. Circumventing the Software’s technology protection measures;
4. Infringing upon the intellectual property or other proprietary rights of Interlochen;
5. Exporting the Software in violation of the export controls and regulations of the laws of the United States or any other applicable country’s laws or regulations;
6. Using the Software to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;
7. Using the Software to violate the rights of third parties, including, but not limited to, personal or proprietary rights;
8. Removing or altering any proprietary notices contained within the Software, including, but not limited to, copyright and trademark notices;
9. Imposing a disproportionate load on the Software or its server infrastructure or otherwise attempting to interfere with the operation of the Software;
10. Submitting or utilizing any virus, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of the Software;
11. Providing any material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
12. Attempting to gain access to the private data, network, personal information, or personally identifiable information of a user of the Software or of a third party;
13. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Software or third parties;
14. Harassing another user of the Software;
15. Harassing a third party through Your use of the Software;
16. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property through the Software;
17. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid, or a chain letter through the Software; and
18. Posting or transmitting content that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable.
You understand and agree that You are prohibited from using the Software in any way inconsistent with or in violation of this Agreement or any local, state, national, or international laws or regulations.
User Account. Interlochen may provide You with the ability to register a user account (“User Account”), which will provide access to the Software. Your User Account is protected by a username and password. You recognize that You are solely responsible for maintaining the security and confidentiality of Your username and password and that You are responsible for any unauthorized access to Your User Account. In the event Your User Account is accessed without Your authorization, You agree to notify Interlochen immediately. Interlochen reserves the right to restrict access to, suspend, disable, or delete Your User Account at any time, in its sole discretion, and without prior warning.
User-Generated Content. Interlochen may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Software, including, but not limited to, text, comments, posts, profile information, photographs, images, videos, and audio files (collectively “User-Generated Content”). You warrant that Your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Software, you grant Interlochen a non- exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Your User-Generated Content for the customary and intended purposes of the Software. The customary and intended purposes of the Software may include, but are not limited to, displaying the Software’s content to you or to third parties, providing the Software’s services to you or to third parties, and archiving or making backup copies of the Software. By submitting User-Generated Content to the Software, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Software. When posting User-Generated Content to the Software, you warrant that Your User Generated Content will be accurate, truthful, non-deceptive, and complete.
Proprietary Rights. You understand and agree that the Software, including, but not limited to, its source code, data, selection and arrangement, executable code, structure, and organization, contains the valuable trade secrets and intellectual property of Interlochen. Under the terms of this Agreement, You do not acquire any ownership rights to the Software or the data or content contained therein. You acquire only a limited license to use the Software subject to the terms of this Agreement. All other rights are reserved by Interlochen.
Trademarks. You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Software by Interlochen, including, but not limited to, INTERLOCHEN CENTER FOR THE ARTS, are common law or registered trademarks owned by or licensed to Interlochen. You are expressly prohibited from using the trademarks of Interlochen to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of Your goods or services. You are further prohibited from using the trademarks of Interlochen in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
Interlochen as Service Provider. You understand and agree that Interlochen provides the Software as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Software. You understand and agree that Interlochen is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that Interlochen cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though Interlochen may edit, remove, or control the content submitted to and displayed through the Software by third parties, it will not be held liable for that content. The Software may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by Interlochen. If You decide to leave the site and access any third-party web site, You do so at Your own risk.
Payment. When You register and use a User Account to access the Software, Interlochen may provide You with the ability to make payments to Interlochen for goods or services, including, but not limited to, for tuition. All fees paid to Interlochen will be payable in the amounts and upon the payment schedule listed in the Software. All payments made to Interlochen are non-refundable. You represent and warrant that You will timely pay all fees and charges, including, but not limited to, in those instances in which You agree that Interlochen may charge Your payment method on a reoccurring basis. Interlochen reserves the right to terminate Your User Account and access to the Software for Your failure to timely pay. All fees will be quoted and payable in United States Dollars. You agree that You will not initiate any chargebacks against Interlochen unless approved by Interlochen in writing. You understand and agree that You will be held responsible for any costs or fees associated with any unauthorized chargebacks. Any disputes as to payment must be brought to Interlochen’s attention in writing within thirty (30) days or will otherwise be barred.
Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with Your use of the Software. Interlochen will report as income all payments received from You to IntangibleSpring to all proper taxing authorities.
Privacy Policy.
1. Introduction.
  1. Interlochen has adopted the following privacy practices (“Privacy Policy”) to inform you of its collection and use of Your personal or personally identifiable information. Interlochen values Your privacy and has adopted this Privacy Policy in an effort to remain transparent with respect to its collection and use of this information
  2. Interlochen reserves the right to suspend, replace, modify, amend, or terminate this Privacy Policy at any time and within its sole and absolute discretion. Your continued use of the Software after a change in this Privacy Policy will constitute Your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
2. Information Collected.
  1. Interlochen may collect the following personal information from You: 1. Email address; 2. Username; 3. Password; 4. First name; 5. Last name; 6. Phone number; 7. Address; 8. City; 9. State or province; 10. Country; 11. Zip code; 12. Payment information; and 13. Any other information that you voluntarily submit through the Software.
  2. Interlochen may also collect the following personally identifiable information from you: 1. Information collected through first and third party cookies, including, but not limited to, session cookies and persistent cookies; 2. IP address; 3. Geolocation data; 4. Pixel tags; 5. Web beacons; and 6. Your use of the Software.
3. Interlochen’s Use of Personal or Personally Identifiable Information.
  1. Interlochen may use this information to provide you with support, to register Your User Account, to provide you with the Software, to communicate with you about Your User Account or purchases, to transmit information to a third party to aid you in completing a transaction, such as making a payment to Interlochen, to tailor the Software to Your preferences, or to update you on Interlochen’s offerings.
4. Information Security.
  1. Interlochen works to protect the security of Your personal and personally identifiable information and has implemented industry standard encryption to protect against unauthorized access to or interception of Your personal and personally identifiable information. You are responsible for the security of the username and password associated with Your User Account and you have an ongoing duty to guard against unauthorized access. In the event You discovery unauthorized access to Your User Account, You must immediately inform Interlochen of the details of the unauthorized access.
  2. Interlochen collects and processes Your personal and personally identifiable information on servers located within the United States and, through Your use of the Software, you hereby expressly agree to the processing of Your personal and personally identifiable information within the United States.
5. Sharing of Personal and Personally Identifiable Information
  1. Interlochen does not sell or rent Your personal personal or personally identifiable information to third parties. Interlochen may, however, share Your personal or personally identifiable information with third parties that use the Software in order to provide the services offered through the Software. Interlochen may also share Your personal information with third party service providers retained by Interlochen, such credit card processors and marketing agencies, to provide you with additional information on the products or services of Interlochen or to aid you in the performance of Interlochen’s services. Interlochen may also transfer Your personal or personally identifiable information to third parties upon Your consent.
  2. Interlochen may transfer Your personal or personally identifiable information to share information with its parents or subsidiaries or to a third party in a sale of Interlochen. Interlochen may also transfer Your personal or personally identifiable information to respond to a duly authorized subpoena or court order, to respond to regulatory requests by government authorities, to protect the safety or security of Interlochen, the Software, its employees, and its users, and, where necessary, to protect against fraud, false advertising, or the violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
6. Ceasing the Collection and Use of Personal or Personally Identifiable Information
  1. You may cease Interlochen’s collection and use of Your personal or personally identifiable information by discontinuing Your use of the Software and by adjusting Your web browser settings to clear any cookies remaining on Your computer from Your prior use of the Software.
7. Duties When Using the Software
  1. When using the Software, You have the duty to immediately update Interlochen when Your personal information changes. You may update Your personal information by accessing Your User Account. Additionally, You have a duty to protect the security of Your User Account. Additionally, You have the duty to protect the security of Your User Account, including protecting against unauthorized access to Your User Account and protecting Your username and password. You are advised not to share Your username or password with third parties.
8. California Privacy Rights.
  1. California residents may obtain once a year, and without charge, a list of Your personal information that Interlochen has disclosed to third parties for marketing purposes within the previous calendar year. This includes a list of all personal information disclosed to third parties, as well as the names and addresses of the third parties that received Your personal information. If you are a California resident and would like to make a request for disclosure under this section, please contact privacy@interlochen.org in writing.
9. Child Privacy.
  1. In the event You are under the age of thirteen (13), Interlochen will first seek and obtain parental consent from Your parent or guardian before You may use the Software. To obtain this verifiable parental consent, Interlochen may require You to provide the email address of Your parent or guardian when You create a User Account. Interlochen will then send a request for parental consent to Your parent or guardian’s email address. In the event Interlochen does not obtain verifiable parental consent, You will be expressly prohibited from using the Software.
  2. Parents and guardians may, at any time, prevent Interlochen from collecting further personal or personally identifiable information from their child. Parents and guardians may also request that Interlochen delete from its records the personal or personally identifiable information that it has collected from their child. To cease the further collection and use of personal or personally identifiable information, parents and guardians are directed to delete their child’s User Account. To delete any personal or personally identifiable information that Interlochen has collected, parents and guardians may contact Interlochen at privacy@interlochen.org to request the deletion of this information.
10. Notice.
  1. All requests for information concerning Interlochen’s Privacy Policy may be directed to: Interlochen Center for the Arts Information Technology Department 4000 Highway M-137 Interlochen, Michigan 49643 United States
Copyright Policy.
1. Interlochen will respond to all duly authorized notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You believe that a user of the Software has infringed upon Your copyright rights, You may provide Interlochen with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Upon receipt of a notice that complies with the Digital Millennium Copyright, Interlochen will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification under the Digital Millennium Copyright Act.
2. All notices of copyright infringement submitted to Interlochen must contain the following: i. the physical or electronic signature of a person authorized to act on behalf of the copyright owner; ii. identification of the copyrighted work(s) alleged to have been infringed; iii. the location of the copyrighted work(s) in the Software; iv. Your contact information, such as an address, telephone number, fax number, or email address; v. a statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and vi. a statement, under penalty of perjury, that the information contained in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
3. Upon receipt of a duly authorized notice of infringement, Interlochen will undertake reasonable efforts to notice the poster of the allegedly infringing content so that the poster may issue a counter-notification. Counter- notifications must contain the following: i. The physical or electronic signature of the user; ii. Identification of the material that has been removed or the location where the material previously appeared; iii. A statement, under penalty of perjury, that the subscriber has a good faith belief that the material was removed due to mistake or misidentification; and iv. The subscriber’s name, address, and telephone number and a statement that the subscriber consents to the jurisdiction of the federal district court in which the subscriber is located.
4. All notices of infringement may be sent to copyright@interlochen.org.
Term and Termination. The term of this Agreement will begin upon Your first accessing of the Software and will continue until the earlier of the following: (i) Interlochen terminates Your access to the Software; or (ii) You cease using the Software and terminate Your User Account. Interlochen reserves the right to terminate the Software or Your access to the Software in its sole and absolute discretion and without prior notice.
Disclaimer of Warranties and Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT INTERLOCHEN WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE SOFTWARE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT INTERLOCHEN’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SOFTWARE OR $1,000, WHICHEVER IS LESS.
Indemnification. You agree to indemnify, defend, and hold harmless Interlochen, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) Your use of the Software, (ii) Your violation of any term or condition of this Agreement; (iii) Your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Interlochen will not provide You with the ability to control Interlochen's defense, and Interlochen reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
Choice of Laws. This Agreement shall be construed in accordance with the laws of the State of Michigan without regard to or application of choice of law rules or principles. The parties hereby submit to the exclusive jurisdiction of the United States District Court for the Western District of Michigan or the courts within Grand Traverse County, Michigan for any actions, suits, or proceedings asserting a breach of this Agreement. The parties hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit, or proceeding arising out of an alleged breach of this Agreement, in the United States District Court for the Western District of Michigan or in Grand Traverse County, Michigan, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in such court that any such action, suit, or proceeding brought in such court has been brought in an inconvenient forum.
Force Majeure. Interlochen will not be responsible for any delay or failure in performance of the Software arising out of any cause beyond Interlochen’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
Survivability. The representations, warranties, duties, and covenants made by You under this Agreement will survive the termination of this Agreement, Your User Account, or the Software, including, but not limited to, Your duty to indemnify and defend Interlochen.
Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
Assignment. You are expressly prohibited from assigning Your rights and duties under this Agreement. Interlochen reserves the right to assign its rights and duties under this Agreement, including in a sale of Interlochen or the Software.
Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.