Publicly Accessible Content

All information hosted on this site which does not require you to login in order to view is considered publicly accessible. Publicly accessible content includes, but is not limited to, information about SMU DataArts’ staff, SMU’s Board of Trustees, SMU’s policies, the SMU DataArts platform and its associated features, and organizations that SMU DataArts collaborates with in order to create and/or provide services, research studies and/or media reports that feature SMU DataArts data and information regarding the nonprofit arts, culture, and humanities sector as a whole.

Password-Protected Content

Access to your organization’s data. In order to support you as a user, SMU DataArts staff will have access to any information regarding you and your organization that you or anyone working on behalf of your organization enters into the SMU DataArts platform, including, but not limited to, the CDP, any other survey hosted on the SMU DataArts platform, and any feedback you provide or data you import into the SMU DataArts platform through any application program interface (API) provided by SMU DataArts. Individual users of the SMU DataArts platform who complete the CDP will not only have access to the data from each organizational account they have successfully joined within the platform, but also aggregate information from all other users of the SMU DataArts platform for comparison and planning purposes.

If your organization is seeking funding from one of the grantmakers participating in the SMU DataArts platform, in order to help the grantmaker understand and evaluate your organization, you can submit your data, which includes all information in your organization’s Cultural Data Profile(s), to a grantmaker(s) via the appropriate page of the SMU DataArts platform. (Note that some grantmakers may require you to run and/or submit a report to them in order to fulfill their application requirements.) In doing so, those grantmakers you select will have access to all data your organization provides and any reports that can be run using the data. With the exception of some of the original creators of the Cultural Data Profile, who continue to fund and participate in SMU DataArts and have access to all information on the SMU DataArts platform, only those grantmakers to which you give access may review your organization’s data. Any grantmaker participating in the SMU DataArts platform, even those to whom you have not granted access, may be able to see some of your organization’s basic information (e.g., location, discipline, total expenses, total revenue, and balance sheet totals) as part of a report run to determine which organizations meet its eligibility criteria for funding. While any grantmaker may be able to see this type of basic information, it will not have access to all the data in the Cultural Data Profile unless you grant such access.

If your organization is a member/participant of, or affiliated with, one of the national, regional, or local service organizations participating in the SMU DataArts platform (called Survey Providers), you may grant those Survey Providers access to your organization’s Cultural Data Profile(s) and any other surveys you complete on the SMU DataArts platform, by adding them as one of your organization’s affiliations. While you may change these affiliations at any time, any data that the national, regional, or local service organizations have already accessed up until that point in time will remain accessible to them.

If your organization is a grantmaking organization, users of the SMU DataArts platform may be able to search for your organization and see any eligibility requirements or descriptive information about your grant programs provided to SMU DataArts by you or anyone working on behalf of your organization.

If your organization is paying SMU DataArts to conduct a study, SMU DataArts administrators may be able to view information about tasks completed, responses received, and responses provided. In addition, if your organization is participating in a standalone survey (e.g. Workforce Demographics study), Study Partners (organizations/persons who have commissioned the study and are administering the study to an organization or group of organizations) can see the progress of participating organizations as they check off tasks and receive responses.

Organization Administrator responsibilities. Each organization using the platform will have one or more designated Organization Administrators. If your email address is the only one associated with a particular organization, by default, you will become an Organization Administrator. An Organization Administrator can grant or deny requests from other users to be joined to the organization and can deactivate users that joined the organization previously. Please note that any user to whom an Organization Administrator grants permission to join the organization can view, create, and edit surveys, run reports, submit data to grantmakers, and perform any other user-level function permitted within the SMU DataArts platform. It is the Organization Administrator’s(s’) responsibility to actively maintain the list of users that have joined the organization and he/she/they accept(s) all responsibility for deactivating any account for a user that is no longer authorized to access the organization’s information. If an Organization Administrator is no longer authorized to access the organization’s information, please contact the SMU DataArts Support Center at help@culturaldata.org. SMU ACCEPTS NO RESPONSIBILITY FOR VERIFYING, UPDATING, ACTIVATING, OR DEACTIVATING USER ACCOUNTS OR ORGANIZATION ADMINISTRATORS.

Use of the data in reports accessible through the SMU DataArts platform. The SMU DataArts platform allows you to run reports based on the data in your organization’s Cultural Data Profile(s) and any other survey hosted on the SMU DataArts platform. Examples of reports include, but are not limited to, the following:

Funder Reports: Funder Reports allow you to give the grantmakers to which you are applying information from your organization’s Cultural Data Profile(s) as part of a grant application or reporting process. Once you generate a Funder Report, that grantmaker will have access to all the information you have entered into all the organization’s Cultural Data Profile(s) (i.e., their access is not limited to the information included in the report(s) run on the Apply for Grants page), for the purposes of evaluating your proposal and/or report.

Analytic Reports: You can create reports that allow you to see a snapshot of your organization’s finances and program activity, review trends in your organization’s performance over time, or create a benchmarking report where your organization’s data is compared to anonymized and aggregated data of at least two other similar organizations participating in the SMU DataArts platform. If your organization is a grantmaker, you may run reports containing data from any organization that has a completed Cultural Data Profile and has provided your organization with access to their data, if access to such analytic reports has been agreed upon by your organization and SMU. SMU DataArts may collaborate with other leaders in the arts, culture, and humanities field to create additional reports to be hosted on the SMU DataArts platform. Whenever a new report is made accessible, users will be notified. In the future, based on user interest and feedback, SMU DataArts may implement an optional feature that would allow report users to select and see other individual organizations’ data, for the purpose of creating even more relevant and useful comparison reports. This feature will be designed to help your organization find other similar or dissimilar organizations by name or other characteristics, compare your organization’s performance to theirs, and to start conversations with others. If this feature is developed, your Organization Administrator(s) may opt-out of having your organization’s data shared in this way by changing the organization’s settings.

Data in Action: Throughout the SMU DataArts platform, you will see statistical information derived from the aggregated SMU DataArts dataset to which each user organization contributes. These statistics are designed to provide insights to the SMU DataArts community about the data being collected and/or how the data your organization has provided compares with that of others in the aggregate.

Data Accuracy. You acknowledge that all data entered into SMU DataArts Cultural Data Profile is provided by individuals working for or on behalf of the participating organizations. Depending on the arrangement between SMU and the participating organization, data may be input by the organization or a designated SMU representative. All data input by SMU will be reviewed by the participating organization for accuracy. You represent and warrant that all information provided for input into Cultural Data Profile, at the date of input, is true and correct in all material aspects. SMU shall have no responsibility or liability for the accuracy of the data entered by SMU on behalf of the participating organization. SMU makes no warranties or representations of any kind that the data will be accurate or error-free.

You also acknowledge that any data displayed regarding grantmakers and their grant programs, which may include deadlines, specific fiscal years required and any other notes, is subject to change. SMU provides this information for informational purposes only and does not warrant or otherwise represent that it is accurate. Always check with grantmakers to confirm deadlines, eligibility, and application requirements.

Use of the Data. The SMU DataArts platform was designed to make data sharing easy, while protecting any sensitive information.

SMU DataArts may allow the grantmakers participating in the platform to publish information from participating organization’s Cultural Data Profile(s), along with those of the grantmaker’s other applicants.

SMU DataArts may also allow third-parties, such as researchers, grantmakers, advocates, educational organizations or service providers, to use data from participating organizations’ Cultural Data Profile(s) and any other survey hosted on the SMU DataArts platform for the purposes of serving or informing the nonprofit arts, culture, and humanities sector and its stakeholders. SMU DataArts may also aggregate data from organizations, or provide aggregated data to third-parties, for research, public interest, educational purposes, or publication, in accordance with SMU and SMU DataArts’ mission. You agree to the uses of your data described here and acknowledge that any interpretation or view expressed in any work product created using said aggregated dataset will be solely that of the researcher or other user.

On occasion, SMU DataArts may also share participating organizations’ information with other collaborators, partners, researchers, and service providers in order to create, test, and market new services, tools, opportunities, etc. for the nonprofit sector, however, the following information (which may or may not be captured in the current Cultural Data Profile) will not be shared with any third-party without your organization’s prior written consent: any real-time data imported from your financial accounting system, any patron-level data (including demographic information), demographic information concerning your organization’s individual board members, staff members, or volunteers, individual staff members’ salary information, and any other information SMU DataArts, in its sole discretion, deems ineligible for any reason. SMU DataArts, in its sole discretion, may require the third-party to make only aggregated data publicly accessible, and refrain from disclosing any individual organization’s data. If you do not agree to the use of or access to your organization’s data in non-aggregated form, other than by SMU DataArts and the grantmakers to whom you have granted access, your Organization Administrator must notify SMU DataArts in writing that he/she does not wish your organization’s data to be included in any shared datasets that may result in the use or publication of non-aggregated data that you have not expressly authorized. Organization Administrators can notify SMU DataArts in writing by sending an email to help@culturaldata.org. SMU DataArts will not limit your access to any SMU DataArts platform, tool, or service if your organization chooses to opt-out.

Personal Information. As part of the account setup process for the SMU DataArts platform, you will be asked for information such as your name and email address. SMU DataArts will use the personal information you provide only to operate the SMU DataArts platform, to perform other services in connection with your use of the SMU DataArts platform, or to provide you with additional services and resources. We will not share or sell any personal information to any other third-party (unless required by law) for commercial purposes unrelated to SMU DataArts mission to strengthen the sector. If you have concerns about how the personal information you provide is being collected or used, please have your Organization Administrator describe your concerns in an email to help@culturaldata.org or contact us at SMU DataArts, 461 N 3rd Street 4th Floor Philadelphia, PA 19123.

Feedback. We encourage you to provide us with feedback, directed to help@culturaldata.org, at any point. You agree that we may use any questions, comments, or suggestions regarding SMU DataArts to promote, publicize, enhance, modify, improve or update SMU DataArts. You will not have any monetary or legal right or claim of ownership in any portion of SMU DataArts enhanced, modified, improved or updated as a result of your questions, comments or suggestions.

Data Submissions. You will be solely responsible for your own data and the consequences of posting, submitting or publishing such content to the SMU DataArts platform. In connection with your submission of data, you agree that you will not:

A. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SMU all of the license rights granted herein;
B. publish falsehoods or misrepresentations that could tarnish or damage SMU or any third party;
C. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
D. post advertisements or solicitations of business; or
E. impersonate another person.

SMU does not endorse any submitted data or any opinion, recommendation, or advice expressed therein, and SMU expressly disclaims any and all liability in connection with submitted data to the fullest extent permitted under the law. SMU does not endorse any opinion, recommendation, or advice expressed by any agent of SMU, and SMU expressly disclaims any and all liability for the actions or omissions of the agent to the fullest extent permitted under the law, except to the extent the agent posts within the scope of their employment on behalf of SMU.

Further, you understand that when using the SMU DataArts platform, you may be exposed to submitted data from a variety of sources, and that SMU is not responsible for the accuracy, usefulness, safety, title, or non-infringement of intellectual property rights of or relating to such submitted data. In addition, you understand and acknowledge that you may be exposed to submitted date that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against SMU with respect thereto.

Platform Access & Limitations on Use

SMU hereby grants you permission to use the SMU DataArts platform as set forth in these Terms of Service; provided that:

A. your use of the SMU DataArts platform as permitted is solely for non-commercial uses (and not for resale or commercial benefit);
B. you will not copy or distribute any part of the SMU DataArts platform in any medium without prior written authorization from SMU’s Vice President for Development and External Affairs, or his designee;
C. you will not attempt to alter, edit, or otherwise modify any part of the SMU DataArts platform except as otherwise permitted by these Terms of Service;
D. you will otherwise comply with the provisions of these Terms of Service;
E. You agree not to solicit, for commercial purposes, any users of the SMU DataArts platform; and
F. You agree not to solicit, for non-commercial purposes, any users of the SMU DataArts platform, without written authorization from SMU’s Vice President for Development and External Affairs.

Electronic Communications Consent

You agree to receive and/or obtain electronically any and all SMU DataArts related communications, agreements, documents, notices and disclosures (collectively “Electronic Communications”) through the SMU DataArts platform. The term "Electronic Communications" includes, but is not limited to, documents, statements, data, records, agreements and policies, including this SMU DataArts Terms of Service & Privacy Policy, updates to agreements and policies, and any other communications regarding your SMU DataArts account. We will provide these Electronic Communications to you by posting them on the SMU DataArts platform, and/or emailing them to the email address you provided during the account setup process for the SMU DataArts platform.

By accessing the web site(s) and/or the DataArts platform and/or, where prompted, clicking “I agree” or “Click to Consent,” you agree to conduct each transaction by electronic means and you hereby state that each electronic signature shall have the same force and effect as an original signature with respect to these Terms of Service and all written agreements entered into between you and SMU with respect to the web site(s) and the SMU DataArts platform.

Cookies, Web Beacons and Similar Technologies

We may use cookies (small data text files placed on your computer or device) or similar technologies to identify the computer or device and record your preferences and other data so that we can personalize your visit(s). We may also use information collected from cookies to improve SMU DataArts web site(s) and make recommendations. You may be able to set your browser(s) to reject cookies or delete cookies, but that may result in the loss of some functionality on the SMU DataArts platform. We may also use web beacons (small graphic images on a Web page or HTML e-mail) to monitor interaction with our web sites or e-mails. Web beacons are generally invisible because they are very small (only 1-by-1 pixel) and the same color as the background of the Web page or e-mail message. If we combine or link cookie or web beacon information with personal information, we will treat the combined or linked information as personal information under this policy.

Password Management

You are solely responsible for managing the password you use to access SMU DataArts or any reporting features. If you forget your password, you can retrieve it by clicking on the ‘Need Login Help?’ link on Log In page. Please notify SMU DataArts immediately if you become aware of any loss or theft of your password(s) or any unauthorized use of your password.

Intellectual Property Rights

Unless otherwise indicated, SMU DataArts owns all right, title, and interest in and to SMU DataArts and the SMU DataArts Intellectual Property, including, without limitation, all copyright, patent, trademark, and other intellectual property rights associated therewith. “SMU DataArts Intellectual Property” means all of the intellectual property now existing or later created relating to SMU DataArts, including the SMU DataArts system and platform; the SMU DataArts reports; the SMU DataArts dataset(s); the SMU and SMU DataArts platform; the SMU and SMU DataArts marks, and any variations thereof, as well as all other trade/service marks, trade names, and logos, displayed in the SMU DataArts platform unless otherwise indicated; and any other materials created by SMU DataArts or its contractors in connection with SMU DataArts.

SMU respects the intellectual property rights of others and prohibits uploading to the SMU DataArts platform any content that violates another party’s intellectual property rights or SMU policies. The content on the SMU DataArts platform is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Content in the SMU DataArts platform is provided to you “AS IS” for your non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective copyright owners. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, or distribution of third party submissions obtained through the SMU DataArts platform for any commercial purposes. If you download or print or reproduce a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SMU DataArts platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the SMU DataArts platform or the content therein.

SMU reserves the right to discontinue any analytical aspect of the SMU DataArts platform at any time without notice. SMU reserves the right to discontinue data collection services, including the Cultural Data Profile, only after sixty (60) days notice to your organization.

Permission to Use SMU DataArts

If your organization is seeking funding from one of the grantmakers participating in the SMU DataArts platform, SMU DataArts hereby grants you a non-exclusive, royalty-free, non-transferable license to use SMU DataArts solely for non-commercial purposes in connection with preparing and submitting grant applications, entering and accessing information regarding your organization, preparing reports, and benchmarking data regarding your organization against that of other organizations in aggregate.

If your organization is a grantmaking organization, SMU DataArts hereby grants you a non-exclusive, royalty-free, non-transferable license to use SMU DataArts solely for non-commercial purposes in reviewing grant applications, entering and accessing information regarding your organization, preparing reports, and benchmarking data regarding your organization against that of other organizations in aggregate.

You may not (a) decompile, reverse engineer, disassemble or otherwise deconstruct SMU DataArts, except to the extent expressly required by applicable law; (b) modify, lease, sublicense, distribute, transmit, share (over a network or otherwise), or create derivative works based upon the SMU DataArts platform or any other SMU Data Arts Intellectual Property; (c) assign or otherwise transfer or sublicense your rights under this Agreement to any third party; (d) disable or otherwise impair the functionality of SMU DataArts; (e) obscure, alter, remove, or delete any copyright or other proprietary rights notices displayed in connection with SMU or SMU DataArts. The limitation is subparagraph (b) of this section does not apply to reports you may create through the permitted use of the SMU DataArts platform.

Miscellaneous

Links to Other Web Sites. The SMU DataArts platform may include links to third-party web sites or social media sites including information relevant to you, participating funders’ grantmaking programs, your organization and/or SMU DataArts and related projects. SMU DataArts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or social media sites. Such third party websites or social media sites do not express the views or opinions of SMU or the University community. Further, you acknowledge that SMU and its trustees,officers,employees,volunteers,oragents have no obligation to censor, edit, or otherwise modify the content of any third party web site. By using the SMU DataArts platform, you expressly relieve SMU and its trustees,officers,employees,volunteers,oragents from any and all liability arising from your use of any third-party website. As a result, SMU encourages you to read the terms and conditions and privacy policy of each third-party website that you visit when leaving the SMU DataArts platform.

Assignment. You agree that this Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by SMU jointly or severally without restriction.

Changes to this Agreement. SMU reserves the right to change these Terms of Service & Privacy Policy any time by reasonable notice, including without limitation by posting revised terms on the SMU DataArts web site(s). Your acceptance of this Agreement shall be deemed acceptance of the updated version unless you notify us in writing to , that you do not accept the updated version. If you do not agree to be bound by the terms of any updated version of this Agreement, you will not be permitted to use SMU DataArts.

Termination. Your rights under this Agreement will terminate automatically if you fail to comply with any of the terms and conditions of this Agreement, or if you violate any applicable law, rule, or regulation in connection with your use of the SMU DataArts platform. Upon such termination, SMU DataArts reserves the right to disable your access to the SMU DataArts platform.

COPPA. SMU does not knowingly solicit data from children or knowingly market to children. SMU is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens' Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that SMU receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, SMU will delete that information from the SMU DataArts platform as quickly as is reasonably practical.

DMCA Copyright Notice and Agent. If you are a copyright owner or an agent thereof and believe that any DataArts platform content infringes upon your copyrights, you may submit a notification to SMU’s designated Copyright Agent (as provided below) which will comply with rulings regarding and pursuant to the Digital Millennium Copyright Act ("DMCA"). Specifically, as provided by 17 U.S.C. § 512(c)(3), a notification of claimed infringement must be made in writing to SMU’s designated Copyright Agent that includes:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SMU to locate the material, and information reasonably sufficient to permit SMU to locate the material
D. Information reasonably sufficient to permit SMU to contact you, such as an address, telephone number, and, if available, an electronic mail where you may be contacted;
E. A statement that you 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; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Copyright Agent designated to receive notifications of claimed infringement for the SMU DataArts platform is:

Name: Paul Ward, Vice President for Legal Affairs and General Counsel
Address: P.O. Box 750132, Dallas, TX 75275-0132
Phone Number:214-768-3233
E-mail Address: paulward@mail.smu.edu

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed through the online support system within the DataArts platform. You acknowledge that if you fail to comply with these requirements your DMCA notice may not be valid.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SMU DATAARTS PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SMU AND ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, DIRECTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SMU DATAARTS PLATFORM AND YOUR USE THEREOF. SMU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SMU DATAARTS PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SMU DATAARTS PLATFORM AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR:

A. ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SMU DATAARTS PLATFORM,
B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SMU DATAARTS PLATFORM,
C. ANY UNAUTHORIZED ACCESS TO OR USE OF SMU’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SMU DATAARTS PLATFORM, AND/OR
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SMU DATAARTS PLATFORM BY ANY THIRD PARTY.

SMU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SMU DATAARTS PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING APPEARING ON THE SMU DATAARTS PLATFORM, AND SMU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SMU EXPRESSLY DISCLAIMS ANY WARRANTY THAT ANY GRANT APPLICATION OR REPORT YOU PREPARE OR SUBMIT USING SMU DATAARTS OR DATA MADE AVAILABLE THROUGH SMU DATAARTS WILL BE ACCEPTED BY THE APPLICABLE GRANT PROVIDER(S).

Limitation of Liability

IN NO EVENT SHALL SMU, NOR ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS, ARISING OUT OF OR RESULTING FROM

A. ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS OF CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SMU DATAARTS PLATFORM,
B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SMU DATAARTS PLATFORM,
C. ANY UNAUTHORIZED ACCESS TO OR USE OF SMU DATAARTS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SMU DATAARTS PLATFORM,
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SMU DATAARTS PLATFORM BY ANY THIRD PARTY, AND/OR
F. YOUR USE OF THE SMY DATAARTS PLATFORM DATA OR REPORTS GENERATED THEREFROM, AND/OR
G. ANY OTHER ACTION OR OMISSION OF SMU, ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMU OR ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SMU IS NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS OF ANY OF ITS TRUSTEES,OFFICERS,EMPLOYEES,VOLUNTEERS,ORAGENTS OR ANY USER. YOU SPECIFICALLY ACKNOWLEDGE THAT SMU AND ITS TRUSTEES,OFFICERS,EMPLOYEES,VOLUNTEERS,ORAGENTS SHALL NOT BE LIABLE FOR THIRD PARTY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL SMU’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS USES OF THE THIRD PARTY SUBMISSIONS AND/OR THE SMU DATAARTS PLATFORM, HOWEVER ARISING, EXCEED A MAXIMUM OF $1000.00.

The SMU DataArts platform is controlled and offered by SMU and/or its service providers from its facilities in the United States of America. Those who access or use the SMU DataArts platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMU, AND ALL OF ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, FINES AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LITIGATION COSTS) ARISING OUT OF OR RELATING TO YOUR USE OF, POSTING CONTENT TO, AND ACCESS TO THE SMU DATAARTS PLATFORM. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMU DATAARTS, AND ALL OF ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HARMLESS FOR ANY BREACH OF ANY TERMS OR OTHER SERVCE AGREEMENTS BETWEEN SMU AND THE SOCIAL MEDIA SITE OPERATORS BY VIRTUE OF YOUR ACTIONS.

Entire Agreement

This Agreement constitutes the entire agreement between you and SMU DataArts and supersedes any prior understandings or agreements, oral or written, and any other communications between us relating to the subject matter of this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the provision will be reformed only to the extent necessary to make it enforceable, and the decision will not affect the enforceability of the remaining provisions. This Agreement will be governed by the laws of the State of Texas, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, Texas. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

BY CONTINUING YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS PROVISIONS, AND ARE AN AUTHORIZED REPRESENTATIVE OF YOUR ORGANIZATION WITH THE POWER TO BIND THE ORGANIZATION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Updated 3/12/2021