Specific Terms of Use for WESTAF’s Public Art Archive™ Service

Your use of the website available at http://www.publicartarchive.org and the related web-based software, browser interface, transmission, access and storage facilities, data, and services (collectively, the “Public Art Archive™ Service”, the “Archive” or the “Service”) is subject to these Specific Terms of Use for WESTAF’s Public Art Archive™ Service (“Specific Terms”).

1. Agreement with WESTAF
(a) Your agreement with WESTAF concerning your use of the Public Art Archive™ Service includes the WESTAF and ZAPP® Software General Terms of Service (http://www.westaf.org/termsandconditions.html), and Privacy Policy (http://www.westaf.org/privacy.html) available through the websites by which the Services are accessed (the “General Terms”), these Specific Terms and any other terms reached between you and WESTAF with respect to the Services (the “Agreement”).
(b) In order to use the Public Art Archive™ Service, you must first accept and agree to be bound by these Specific Terms. You can accept and will be bound by these Specific Terms by:
(i) clicking to accept or agree to these Specific Terms when that option is made available to you by WESTAF in any user interface within the Public Art Archive™ Service,
(ii) your actually using the Public Art Archive™ Service, or
(iii) your uploading or consenting to the uploading of Materials, as defined below, onto the Public Art Archive™ Service or into its related databases, or any other means provided by WESTAF or by law.
(c) These Specific Terms may be changed by WESTAF without notice; changes to these Specific Terms will be posted on the website through which you access the Public Art Archive™ Service (the “Website”). Your continued use of the Service after any such change is so posted is your acceptance of and agreement to the Specific Terms as so changed.
(d) As used in these Specific Terms, “WESTAF” means Western States Arts Federation, a Colorado non profit corporation, whose principal place of business is at 1743 Wazee Street, Suite 300, Denver, CO 80202, United States, and its subsidiaries, legal affiliates, successors (including any successors to the business of the Public Art Archive™ Service), and assigns, and “you”, including all of its grammatical forms, refers to the person using the Service and, if that person is acting on behalf of another person or entity, it also refers to and includes that person or entity.

2. Copyright and Other Rights
(a) The images, text, audio and video clips, illustrations, designs, documentation, and other data on the website through which you access the Public Art Archive™ Service (any or all of which data are referred to as the "Materials") and the various collections, arrangements, and assembly of and the standards related to those Materials (the "Compilations") are protected by copyright and possibly by other laws and restrictions. WESTAF and relevant third parties own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the Materials and Compilations.
(b) Any unauthorized copying or other use or modification of the Materials or Compilations may violate copyright laws, trademark laws, proprietary and property rights, the laws of privacy and publicity, contract, communications regulations, statutes, and other applicable laws. WESTAF and all relevant third party owners expressly reserve all remedies available under all applicable laws, regulations and statutes with respect to the Materials and Compilations.
(c) WESTAF is the owner, including the copyright owner, of the Public Art Archive™ Service and all Compilations and no rights therein are granted to any user or person except as expressly provided for by these Specific Terms and the other terms of the Agreement.
(d) WESTAF does not claim ownership of the copyright in any original works of public art depicted in the Public Art Archive™ Service or its related databases.

3. Uploading Materials to the Archive; Participating Users.

Third party users may upload Materials to the Public Art Archive™ Service and its related databases subject to these Specific Terms. Any person who or which uploads or consents to the uploading of Materials (a “Participating User”) onto the Public Art Archive™ Service or into any of its related databases (“Uploaded Materials”) agrees to be and are bound by these Specific Terms.

4. Rights Granted by and to Participating Users.

Participating Users include Participating Agencies, Registered Artists and Registered Users and in those differing capacities agree to and are bound by particular terms as set forth in paragraphs 5, 6 and 7, respectively, of these Specific Terms.
(a) All Participating Users agree to the following terms with respect to the Uploaded Materials they upload or consent to being uploaded onto the Public Art Archive™ Service or into any of its related databases:
(i) Subject to the Participating User’s Management Rights, as defined for each type of Participating User in paragraph 5, 6 or 7, below, the Participating User grants WESTAF permission to publicly display, publicly perform, and otherwise use the Uploaded Materials for inclusion as part of the Archive;
(ii) Except for the representations and warranties made by Registered Artists under paragraph 6, below, the Participating User disclaims and makes no representation or warranty as to copyright ownership of works depicted in the Uploaded Materials;
(iii) to the extent the Participating User is not the owner of the copyright of works depicted in or otherwise included as part of the Uploaded Materials, then based upon its agreement with the copyright owners of such works or otherwise, the Participating User represents and warrants to WESTAF that it has the right to give WESTAF permission to use the Uploaded Materials under and to grant the licenses set forth in paragraph 9 of these Specific Terms; and
(iv) the Participating User represents and warrants to WESTAF that the Participating User is the copyright owner or exclusive copyright licensee of any images, e.g., photographs and video, contained within the Uploaded Materials and otherwise is the copyright owner of or has the right to give WESTAF permission to use the Uploaded Materials under and to grant the licenses set forth in paragraph 9 of these Specific Terms.
(b) Participating Users will have the management rights (“Management Rights”) and other rights as set forth and defined for each type of Participating User in paragraph 5, 6 or 7 of these Specific Terms.
(c) Participating Users grant the licenses and other rights to WESTAF as set forth in paragraph 9 of these Specific Terms with respect to the Uploaded Materials they upload or consent to being uploaded onto the Public Art Archive™ Service or into any of its related databases.
(d) Participating Agencies also have the rights of all general users of the site as provided for in paragraph 10 of these Specific Terms.

5. Management of Participating Public Art Agencies’ Archive Collections.

Public art agencies that participate in the Archive by uploading or consenting to the uploading of Materials related to its collections of public art onto the Archive or into its related databases (a “Participating Agency”) shall have the following Management Rights subject to the following terms and conditions (“Collection Management Rights”) with respect to the Uploaded Materials related to its collection of public art:
(a) Uploaded Materials that are uploaded by or for a Participating Agency shall be displayed in the portion of the Archive dedicated to public art agency collections (the “Collections Portion of the Archive”) and when so displayed shall be denominated as part of the Participating Agency’s public art collection (an “Archive Collection” or “Public Art Collection”); by way of example, and not limitation, Uploaded Materials related to the Cityville, USA, public art collection might be denominated as the Cityville Archive Collection, the Cityville Public Art Collection or the Cityville Collection;
(b) Except for WESTAF’s rights under the Agreement, each Participating Agency shall have the exclusive right to manage the content of its Archive Collection, including, but not limited to, the right to add to, edit, delete, modify and unpublish (from the publicly displayed portions of the Archive Collection) its Uploaded Materials;
(c) WESTAF shall have the right to display and perform, to republish Uploaded Materials unpublished by a Participating Agency and to otherwise use Uploaded Materials relating to a Participating Agency’s Archive Collection in any portion of the Archive other than the Collections Portion of the Archive; by way of example, and not limitation, WESTAF might display works from several Participating Agencies’ Archive Collections in a portion of the Archive organized or arranged by artist, medium of expression (e.g., sculpture) or geographic location of works (e.g., Art of the Pacific Northwest); and
(d) Notwithstanding any other term of the Agreement, WESTAF reserves at all times the right to refuse or unpublish any Materials, including materials in a Participating Agency’s Archive Collection; unpublished Materials are not publicly displayed or viewable on the Archive and otherwise cannot be viewed and are not searchable by the general public.
As used in these Specific Terms: (1) a “public art agency” includes, but is not limited to, a public or private entity (including any unit of government that does not have a dedicated agency for public art), an educational institution or a museum which owns and manages a collection of public art; (2) “public art” includes, but is not limited to, pictorial, graphic, and sculptural works (as defined in the U.S. Copyright Act) that are commissioned or acquired for display in freely accessible public spaces for educational and cultural purposes; (3) “unpublish” means to remove Material from being available for display to and searchable by the general public from some or all portions of the Archive; and (4) “to use” a copyright work or other data includes, but is not limited to, to copy, store, transmit, adapt, modify, translate, create derivative works based on, publish, publicly perform, publicly display, distribute and otherwise use the work or data.

6. Artist Registration and Uploaded Materials.

Artists and other copyright owners (including their exclusive representatives, licensees and successors) of copyrighted works of public art (collectively, “Artists”) are encouraged to register with the Archive in order to upload their own Materials related to public art works they created or in which they own the copyright. An Artist who completes an artist profile and creates an Artist user account for the Archive (a “Registered Artist”) may use that Artist user account to upload to the Archive and its related databases Materials related to public art works either created by the Artist or the copyright to which is owned by the Artist (“Artist Materials”) and shall have Management Rights with respect to those Uploaded Materials as provided for in this paragraph 6 (“Artist Management Rights”). Registered Artists grant and are given the following rights and otherwise agree as follows:
(a) Artist Management Rights provide a Registered Artist with the following rights subject to the following limits with respect to the Artist’s Artist Materials uploaded onto the Archive or into its related databases:
(i) Uploaded Artist Materials that are uploaded by a Registered Artist shall be displayed in the portion of the Archive dedicated to public artists (the “Public Art Artist Portion of the Archive”) and when so displayed shall be denominated as part of the Public Art Artist Portion of the Archive;
(ii) Except for WESTAF’s rights under the Agreement, each Registered Artist shall have the exclusive right to manage the content of the Registered Artist’s Artist Materials, including, but not limited to, the right to add to, edit, delete, modify and unpublish (from the publicly displayed portions of the Public Art Artist Portion of the Archive) those Artist Materials;
(iii) WESTAF shall have the right to display and perform, to republish Artist Materials unpublished by the Registered Artist and to otherwise use a Registered Artist’s Artist Materials in any portion of the Archive other than the Public Art Artist Portion of the Archive; by way of example, and not limitation, WESTAF might display works in a portion of the Archive organized or arranged by medium of expression (e.g., sculpture) or geographic location of works (e.g., Art of the Pacific Northwest); and
(iv) Notwithstanding any other term of the Agreement, WESTAF reserves at all times the right to refuse or unpublish any Materials, including any portion of the Registered Artist’s Artist Materials; unpublished Materials are not publicly displayed or viewable on the Archive and otherwise cannot be viewed and are not searchable by the general public.
(b) An Artist, by becoming a Registered Artist, grants the licenses and other rights to WESTAF as set forth in paragraph 9 of these Specific Terms with respect to all works of art for which the Registered Artist is the copyright owner or exclusive licensee of the work and which works are depicted in the Materials which are included as part of the Archive or its related database.

7. Materials Uploaded by Other Participating Users.

Any person, other than a person acting as a Participating Agency or Registered Artist, who or which completes a user profile and creates a user account for the Archive (a “Registered User”) may use that user account to upload Materials related to any work of public art or collection of public art works onto the Archive for consideration for its public display on the Archive and inclusion into its related databases, subject to the following terms and conditions which are accepted by the Registered User upon uploading Materials:
(a) Materials uploaded by a Registered User are not available for public display or included in the publicly searchable databases associated with the Archive unless and until the Uploaded Materials are approved, as follows: (i) by a Participating Agency for inclusion as part of its Archive Collection, (ii) by a Registered Artist for inclusion as part the Registered Artist’s Artist Materials, or (iii) by WESTAF as the Archive curator for inclusion in any portion of the Archive other than the Collections and Public Art Artist Portions of the Archive.
(b) The Registered User agreement to these Specific Terms is not conditioned on whether or not Materials uploaded by the Registered User are accepted for inclusion as part of the Archive or any portion of it.
(c) Each Registered User shall have the following Management Rights subject to the following limits with respect to the Uploaded Material the Registered User uploads into or as part of the Archive (“User Management Rights”):
(i) Uploaded Materials that are uploaded by a Registered User may be displayed, as determined by WESTAF, in any portion of the Archive, including any portion dedicated to public art images and data contributed by photographers and the general public (the “Public Contribution Portions of the Archive”); WESTAF may establish or remove any Materials from the Public Contribution Portion of the Archive in its sole discretion;
(ii) To the extent WESTAF maintains a Public Contribution Portion of the Archive and Materials uploaded by a Registered User are displayed on or available through the Public Contribution Portion of the Archive, then the Registered User who uploaded such Materials shall have the non-exclusive right, shared with WESTAF, or even the general public if so determined by WESTAF, to manage the content of his or her Uploaded Materials within the Public Contribution Portion of the Archive, including, but not limited to, the right to add to, edit, delete, modify and unpublish (from the publicly displayed portions of the Public Contribution Portion of the Archive) his or her Uploaded Materials;
(iii) WESTAF shall have the right to display and otherwise use a Registered User’s Uploaded Materials in any portion of the Archive and may republish Uploaded Materials unpublished by a Registered User; by way of example, and not limitation, WESTAF might display works in a portion of the Archive organized or arranged by medium of expression (e.g., sculpture) or geographic location of works (e.g., Art of the Pacific Northwest); and
(iv) Notwithstanding any other term of the Agreement, WESTAF reserves at all times the right to refuse or unpublish any Materials, including those in a Registered User’s Uploaded Materials; unpublished Materials are not publicly displayed or viewable on the Archive and otherwise cannot be viewed and are not searchable by the general public.
(d) If a Participating Agency or Registered Artist uploads materials as a Registered User, and not as a Participating Agency or Registered Artist, then to the extent the work is part of the Participating Agency’s public art collection or the Registered Artist is the creator or copyright owner of the work, then the provisions of paragraphs 5 and 6, respectively, of these Specific Terms shall also apply to the Materials so uploaded.

8. WESTAF’s Archive Standards and Discretion

WESTAF reserves and has the right to establish aesthetic and technical standards related to the Archive (the “Archive Guidelines”). The Archive Guidelines may, but need not, be further defined on the Archive Web Site. Among other things, the Archive Guidelines may denominate and require the use of standard image resolution and standard nomenclature for compiling and displaying images and other data to maximize database search efficiency and to create technical standards so that data is compatible with the Archive and Archive Web Site. The licenses granted by you when you upload Materials to the Archive and into its related databases permit WESTAF to modify and adapt images and other data so they meet WESTAF’s Archive Guidelines.

9. Licenses Granted by participating Agencies, Registered Artists and Registered Users

(a) With respect to all of the Materials you upload or consent to being uploaded on your behalf onto the Archive or into its related databases (as defined above, Uploaded Materials), you hereby grant WESTAF:
(i) a perpetual, irrevocable, worldwide, royalty-free, transferable, and non-exclusive license to copy, store, transmit, adapt, modify, translate, create derivative works based on, publish, publicly perform, publicly display, distribute and otherwise use, display, publish and distribute all such Uploaded Materials and, if you are a Registered Artist, the works which are depicted on or described in any such Uploaded Materials (collectively the “Licensed Content”)
for the following purposes:
(1) to create, maintain, publish and distribute in whole or in part in any form, medium or format an archive of public art; all media and formats are licensed, including, but not limited to, electronic, Internet, wireless, print, video, film and television and those now existing or later devised;
(2) to display, publish, distribute and promote the Public Art Archive™ Service;
(3) any non-commercial purpose that concerns the development, promotion and support of the arts or culture; arts or culture education or instruction; art or culture scholarship or research; or the preservation, archiving or cataloguing of art; and
(4) only with respect to a sub-license granted to Google, Inc., to use the Licensed Content in connection with Google, Inc.’s products and services.
Notwithstanding the foregoing, the following uses of Licensed Content are not granted and are prohibited under the terms of the foregoing license, including under any sub-licenses granted to Google, Inc. or others: (i) publication on the Internet or any other electronic medium that would permit the downloading of a high resolution image (greater than 72 dpi) that is accessible to the general public under any circumstance or to any user who has not agreed to the restrictions on use contained in this Agreement; (ii) the sale or other transfer of any single copy or multiple copies, adaptation or derivative of any single work or image, (iii) the publication or display of any images of or data related to a single artist’s collected public art works or of any single public agency’s collection of public art works, and (iv) the creation of any three dimensional (not including holographic) copies or derivative works, although perspective and other two dimensional depictions that portray a third dimension are not prohibited.
(b) The license granted under this paragraph 9 includes the right of WESTAF to sub-license its license to: (i) Google, Inc. to permit Google, Inc. and its partners and affiliates to use the Licensed Content in connection with Google products and services; (ii) ARTstor, Inc. to include the Licensed Content in ARTstor’s Digital Library; and, (iii) any non-profit organization for use of the Licensed Content in the same manner (other than the right to sub-license) that WESTAF may use the Licensed Content.
(c) WESTAF and its sublicensees, to the extent those sublicensees existing systems of publication and distribution have the ability to do so, will always give attribution to the creator of any work of visual art depicted or described in the Archive to the extent Uploaded Materials accurately and consistently describe the creator;
(d) Notwithstanding the license granted under this paragraph 9, WESTAF and its sublicensees reserve their rights under the law to make fair use of any copyright work and to any other rights any of them may have to use Licensed Content. WESTAF’s acceptance of this license and any sublicensee’s acceptance of a sublicense under this license does not waive any legal or pre-existing or otherwise acquired rights in or to Licensed Content or its use;
(e) Without limiting the transferability of the license granted under this paragraph 8, the license includes the right for WESTAF to transfer all of its rights thereunder to any successor to itself or to its business which includes the Archive.
(f) WESTAF and its sublicenses shall have the right under the license granted under this paragraph 9 to: (i) transmit or distribute Licensed Content over various public networks and in various media; and (ii) make such changes to images and other Licensed Content as are necessary to conform and adapt them to the technical requirements of connecting networks, devices, services or media.
(g) Except to the extent disclaimed under the express provisions of paragraph 5, 6 or 7 of these Specific Terms, you warrant and represent that you are the copyright owner of or otherwise have the right to grant WESTAF the licenses set forth in this paragraph 9.

10. Limited Right to Use Service and Materials

(a) Subject to any requirement for payment (although use of the Archive by the general public is without charge), WESTAF grants you the right to use the Service to display, download, and copy the Materials solely for your own limited non-commercial, personal, and educational, research, or scholarly use, subject to any further requirements, restrictions or limitations published with respect to those Materials on the Website through which those Materials were obtained.
(b) All copies of the Materials must be properly cited and bear accurate identifying information as published on the Website through which those Materials were obtained, including proprietary information, credits, and attributions, copyright and trademark notices, and a citation to the URL address of the Website for the Service through which the Materials were obtained, e.g., http://www.publicartarchive.org.
(c) WESTAF does not warrant or represent that your use of any Materials will not infringe third party rights not owned by WESTAF. Materials under copyright owned by a third party may not be copied or used in any form and may not be downloaded without permission from the holder of the underlying copyright or as permitted by law.
(d) You may not copy, distribute, publish, publicly perform, publicly display, modify, transmit, reuse, download, repost, or use the Materials or Compilations for commercial purposes, for personal gain or to create or generate derivative works, without the express prior written permission of WESTAF, unless you are the copyright owner of the Materials or your use qualifies as: (1) Fair Use or another legislative exemption, (2) Permitted Educational Use, or (3) Press Use, all of which are further described below.
(e) No permission or license is granted by these Specific Terms to any person to download, copy, transmit, publish, or use any Materials: (1) for compilation or use by commercial stock houses or any other archive, (2) for use by any person, other than non profit and governmental entities as set forth in other sections of these Specific Terms, in providing services, products or instructional or educational materials to educators, teachers, schools, universities, students or the general public, or (3) for the purpose of creating derivative works.

11. WESTAF’s Reserved Rights

WESTAF reserves the right at any time without any notice to any person to change or modify these Specific Terms and to change, modify, cease publication of or terminate the Service, or any aspect or portion of it. All rights in or to the use of the Public Art Archive™ Service not expressly granted to any person by WESTAF are retained by WESTAF.

12. Other Permitted Uses

Subject specifically to the rights of third parties (which are entirely the responsibility of the user), WESTAF permits the following uses of Materials and the Compilations:
(a) Fair Use and Other Exemptions
(1) WESTAF does not object to your reproduction, distribution, display, transmission, performance, and use of the Materials and/or Compilation if done in accordance with 17 U.S.C. §107 ("Fair Use"), 17 U.S.C. §110 (the Teach Act), or other applicable exemptions set forth in the U.S. Copyright Act and related laws.
(2) Unless otherwise noted within the Service, which generally will be noted in association with particular images or data sets, or expressly prohibited by these Specific Terms, no express permission is required from WESTAF for any use that falls within Fair Use or another legislative exemption under the U.S. Copyright Act, but two conditions apply: 1) no modifications may be made as to the integrity or attribution of the Materials and Compilations; and 2) all copies of the Materials and Compilations must be properly cited and bear accurate identifying information as published on the Website, including proprietary information, credits and attributions, copyright and trademark notices, and a citation to both the Public Art Archive™ as a publication of WESTAF and the URL address of the Website through which the Materials were obtained, e.g., http://www.publicartarchive.org.
(b) Permitted Educational Use
(1) WESTAF recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers and other educators, in accordance with WESTAF’s own charitable and educational mission to support the advancement and preservation of the arts, WESTAF consents to the following additional uses of the Materials and/or Compilation (“Permitted Educational Use”):
(2) WESTAF consents to the copying, distribution, display, transmission, performance, and use of the Materials and Compilations by individual teachers and other individual educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a non profit or governmental school, museum, or other educational organization; provided, however, that the Materials and Compilations are not sold or otherwise commercially distributed. The provisions concerning Permitted Educational Use do not apply to persons who package, prepare, or sell educational or instructional materials for teachers and educators nor to any person who publishes or compiles archival materials for the use of teachers and educators.
(3) Unless otherwise noted within the Service, which generally will be noted in association with particular images or data sets, or expressly prohibited by these Specific Terms, no express permission is required from WESTAF for use that falls within Permitted Educational Use, but two conditions apply: 1) no modifications may be made as to the integrity or attribution of the Materials and Compilations; and 2) all copies of the Materials and Compilation must be properly cited and bear accurate identifying information as published on the Web Site, including proprietary information, credits and attributions, copyright and trademark notices, and a citation to both the Public Art Archive™ as a publication of WESTAF and to the URL address of the Website through which the Materials were obtained, e.g., http://www.publicartarchive.org.
(c) Press Use
(1) WESTAF may provide dedicated pages on the Websites for members of the press. Except where noted otherwise, photographs, images, press releases, and articles (the "Press Materials") that appear on these dedicated pages may be downloaded, copied, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to WESTAF and the Public Art Archive™ Service covered in the Press Materials in newspapers, magazines, web publications, television, or other paper, broadcast and electronic media. Use of the Press Materials for any other purpose requires the additional, prior permission of WESTAF and their use for any purpose may also require the additional, prior permission of third-party rights holders, which permission is the sole responsibility of the press user. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or commercial or non profit archives under any circumstances.
(2) To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy, and integrity. Photographs and other images must be reproduced in their entirety and not cropped or otherwise altered.
(3) The use of Press Materials must include the identifying information provided by WESTAF, including proprietary collection information, author, artist and other credit lines, and copyright and trademark notices, if any.

13. Requesting WESTAF’s Express Permission
(a) If your proposed use of the Materials does not meet the conditions for Fair Use or another legislative exemption, Permitted Educational Use or Press Use, you must request and obtain express permission from WESTAF for use of the Materials. Please be advised that WESTAF is selective in granting such permission and may impose a fee for doing so. Additionally, WESTAF may condition its own permission on your obtaining permission from any third party copyright owners. All permission fees collected by WESTAF are used to further WESTAF’s support and publication of the Public Art Archive™ Service for free public access.
(b) Questions concerning permissions should be directed to WESTAF using the contact information published on the Website under “Contact Us.”

14. Errors and Omission; Use at Own Risk
(a) WESTAF makes reasonable efforts to assure but does not warrant or represent that any Materials are accurate so far as they contain or are intended to reflect factual information such as, but not limited to, attributions concerning the creator and other facts concerning art work and ownership of copyright works.
(b) WESTAF does not accept responsibility for inaccuracies in the Materials or the consequences from use of the Service, regardless of how such inaccuracies or consequences might occur. It is your responsibility to assure the accuracy of any of the Materials, including information related to the Materials. For the foregoing reasons, and that WESTAF has no control over or knowledge concerning your use of the Materials, WESTAF accepts and shall have no responsibility for any use of the Materials or Service. YOU AGREE THAT THE MATERIALS ARE PROVIDED AS IS AND THAT YOUR USE OF AND YOUR RELIANCE ON SUCH MATERIALS AND ANY CONSEQUENCES FROM THE USE OF THE MATERIALS IS AT YOUR SOLE RISK.

15. Conflicts in Terms
In the event of any conflict between these Specific Terms and the General Terms, then these Specific Terms shall control and take precedence over the General Terms.

March 22, 2012