The Santa Monica Museum of Art (the "Museum") created and maintains its website www.smmoa.org (the "Site") to provide artistic and scholarly information to the public. Your access to and use of the Site, including but not limited to, images, data, and text files on the Site, is subject to the following terms and conditions, which the Museum may change at any time.
By using and accessing the Site, you warrant and agree to be bound by these Terms and Conditions (the "Agreement"):
1. The text, images, data, trademarks, logomarks, service marks, and all other content on the Site (collectively, the "Content") are proprietary to the Museum and copyrighted, or used consistent with the owner's permission, applicable law, or regulation. The Museum retains all rights, including copyrights, in the Content except to the extent such copyright and other proprietary rights are held by individuals or entities other than, or in addition to, the Museum.
2. Your access to or use of this Site does not grant you, by implication, estoppel, or otherwise, any right or license to use any trademark, logomark, or service mark (collectively, the "Marks") displayed on the Site without prior written permission from the Museum. Your use or alteration of Marks without such written permission is strictly prohibited. Any permitted use of the Museum's Marks by you will inure to the benefit of the Museum.
3. You may not copy, reproduce, retransmit, appropriate, distribute, publish, exploit, plagiarize, or otherwise transfer or use any Content from the Site except as expressly provided by these Terms and Conditions of Use. You may not remove any copyright, trademark, or other proprietary notices that have been placed in or near the Site Content by the Museum. You may not modify, delete, or alter the Site or its Content.
4. The Content is made available for limited non-commercial, educational, and personal use only, or for "fair use" as defined in the United States copyright laws. Such permissible uses include downloading or printing Content from the Site for non- commercial personal or educational purposes such as teaching, research, criticism, or commentary. Users of Site Content, to the extent permitted by these Terms and Conditions of Use must include with their reproduction of any Content from the Site an express citation of the author/ artist and source and reference to the URL www.smmoa.org.
5. Use of Site Content, including the copy, display, publication, distribution, transmission, modification, appropriation, reposting, or exploitation for commercial or public uses or purposes, or for use on a personal website, is strictly prohibited. Any party wishing to use any of the Content from the Site for any purpose other than the limited approved purposes set forth above, must request and receive written authorization from the Museum by sending a letter requesting approval to:
Attn: External Affairs
Santa Monica Museum of Art
Bergamot Station, GI
2525 Michigan Avenue
Santa Monica, CA 90404
The Museum has sole discretion whether or not to grant approval and reserves the right to deny, reject, or otherwise fail or refuse to grant any request for approval.
6. The Museum makes no guarantee or warranty that use of Site Content will not infringe the rights of third parties. Copyright and other proprietary rights in the Content, or parts of it, may be held by individuals and/or entities other than the Museum, including reproductions of works of art licensed to the Museum owned by third parties such as artists or artists' estates holding rights to these works or images of people or places displayed on the Site. Use of this Content and/or images by you is prohibited unless specifically permitted by these Terms and Conditions.
7. For your convenience, the Site may provide certain links to sites operated by third parties. The Museum is under no obligation to review the linked sites and is not responsible for their content. Links to third party sites do not imply endorsement, sponsorship or any affiliation with such sites. Access to any third party site through a link on the Site is at your own risk. The Museum assumes no liability or responsibility for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
8. The Museum makes no representations or warranties as to the truth, accuracy or completeness of the Content, or any of it, on the Site, and it assumes no liability or responsibility for any errors or omissions in the Site, or its Content. ALL CONTENT ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Content from the Site.
9. The Museum complies with the provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512. The Museum has designated an agent for notification of infringement as follows: Claire Ruud, Santa Monica Museum of Art, Bergamot Station GI, 2525 Michigan Avenue, Santa Monica CA 90404. The Museum provides this contact information for purposes of DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
10. The Site (excluding links to websites created, maintained, or operated by third parties) is controlled and operated by the Museum from its offices in and around Santa Monica, California. This Agreement will be construed and enforced in accordance with the substantive law of the State of California, without regard to principles of conflicts of laws. By your use or access to the Site, you agree that all matters, disputes, or claims arising from or relating to the Site, including but not limited to, its Content, use or access to the Site, and/or maintenance or operation of the Site, will be heard and resolved in the courts of Santa Monica, California. You further consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Santa Monica, California, you will be responsible f or compliance with all loca1laws of such other locations.
11. You agree to indemnify, defend, and hold harmless the Museum, its trustees, affiliates, officers, directors, employees, agents and representatives, from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, fines, liabilities, penalties, losses and damages arising from or relating to your access, use, and/or operation of the Site. The Museum reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.