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Terms and Conditions of Use

Effective Date:  October 4, 2012

The San Jose Museum of Art (SJMA) has created and maintains this website in furtherance of its mission. Access to, and use of, this website are subject to the terms and conditions set forth below.  Please read the following terms and conditions carefully.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

By accessing, browsing, and/or using this website you are deemed to have agreed to these Terms and Conditions of Use. 

If you choose not to accept these Terms and Conditions, then please exit this website and refrain from using it.

Modification

SJMA reserves the right, in its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please periodically check the terms and conditions for changes. By accessing, browsing, and/or using this website after changes have been posted, you agree to accept those changes. 

Privacy Policy

SJMA’s Privacy Policy is hereby incorporated into these terms and conditions. Please read the Privacy Policy carefully. 

Use of Materials

All materials published by SJMA within the SJMA website, including images, text, documents, audio, video, and interactive media are made available for non-commercial, educational, and/or personal use only. Copying or redistribution in any manner for commercial use, commercial publication, or exploitation for personal or corporate gain, is strictly prohibited, regardless of format or digital articulation. 

By using this website, you hereby acknowledge and agree that, subject to valid third-party rights, SJMA retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, audio, video, and all other content contained in this website (collectively “Materials”). SJMA expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of any Materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described in the Rights and Reproductions section on the SJMA website.

All parties obtaining and/or using the Materials represent and warrant to SJMA that the displaying, copying, and any other use of Materials will not violate any other party's rights. 

Disclaimer of Liabilities

SJMA assumes no responsibility or liability arising from the content on this website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website. SJMA has no obligation to monitor the website. You 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. SJMA will fully cooperate with any law enforcement authorities or court order requesting or directing SJMA to disclose the identity of anyone posting any such information or materials. SJMA further disclaims any responsibility or liability for any damages to your computer equipment or property or any virus that may infect your equipment or property as a result of your access to, use of, browsing in, or downloading from this website.

Disclaimer of Warranties

This website is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, SJMA disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and implied warranties arising from course of dealing or course of performance. SJMA does not warrant, or make any representations that: (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessible through the website is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

Limitation of Liability

You expressly understand that in no event will SJMA or its trustees, employees, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; even if SJMA or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.  

Warranty and Indemnity

By using this website, you represent and warrant that your use will be consistent with these Terms of Use.  You agree to indemnify, defend, and hold the San Jose Museum of Art and its trustees, employees, affiliates, agents, licensors, or suppliers harmless from all claims, suits, actions, costs, damages, expenses, fees (including reasonable attorneys’ fees), and any other liabilities arising from or relating to your use of this website or any of its contents.

Third-Party Links

This website may contain links to third-party websites. You acknowledge and agree that SJMA is not responsible for any content of any linked website. SJMA provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked website.  SJMA does not make any express or implied warranties with regard to the nature of the information, materials, products, or services that are displayed or linked by any third-party web content.  SJMA is not responsible for any content on third-party links or for the privacy policies or practices of such websites.

Trademarks, Trade Names, Logos, and Service Marks

By using this website, you acknowledge that nothing contained in this website grants, by implication or otherwise, any right or license to use any trademark, trade name, logo, or service mark displayed on the website without written permission of SJMA or any third party owner.Your misuse of the any trademark, trade name, logo, or service mark displayed on this website, including alteration or use out of context, is strictly prohibited.  

Digital Millennium Copyright Act

It is SJMA’s policy to respond to any notice of alleged infringement that complies with the Digital Millennium Copyright Act (“DMCA"), 17 U.S.C. Sec. 512(c)(2).  A copyright owner acknowledges that if he or she fails to comply with the DMCA notice requirements, his or her DMCA notice may not be valid. For purposes of the DMCA, please email us using this Contact Us form.

User Content

Any and all information (other than personal information which is governed by the Privacy Policy), including data, text, files, images, graphics, and all other material, that a user transmits to or supplies to SJMA is referred to as “User Content.”  Although SJMA may from time monitor or review User Content, SJMA is under no obligation to do so and assumes no responsibility or liability arising from any error, inaccuracy, virus, corrupt file, threat, defamation, libel, slander, omission, falsehood, obscenity, pornography, abuse or harm to minors, promotion of bigotry, violence, or racism, or infringements of the rights of others contained in User Content or the failure or delay in removing User Content. 

The following types of  User Content are inappropriate and strictly forbidden: content that infringes, violates, or misappropriates the rights of any other person or third party such as intellectual property rights, publicity rights, or privacy rights; content that is threatening, defamatory, obscene, abusive, or harmful to minors; content that promotes bigotry, violence, or racism; content that is false or misleading; content that contains a virus, corrupt file, or other materials that may cause damage to another’s computer; advertisements, spam, or content that SJMA finds inappropriate at its sole discretion.

SJMA reserves the right, in its sole discretion, to refuse to publish, to edit, to modify, or to remove any User Content that does not comply with these Terms and Conditions. Whether or not SJMA exercises any of those rights, users remain solely responsible for their User Content. 

In connection with User Content, each user of this website affirms, represents, and/or warrants that he or she owns, or has the necessary license, rights, consents, and/or permissions to use, and authorizes SJMA to use, any patent, trademarks, copyright or any other proprietary rights in any and all User Content. 

When a user transmits or otherwise supplies User Content to SJMA, he or she expressly grants to SJMA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable right and license to use, reproduce, distribute, modify, adapt, prepare derivative works from, display, perform the User Content for any purpose.

Jurisdiction

These terms and conditions are governed by the laws of the State of California. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in the County of Santa Clara, California, for all claims arising from or relating to the operation or use of this website.

Miscellaneous

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supersede all prior and contemporaneous communications and agreements, written or oral, regarding this website. 

If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. 

The failure by SJMA to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of SJMA. 

You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void, but SJMA may assign any rights or licenses granted hereunder. 

Any and all provisions related to or regarding limitation of liability, disclaimers ,and indemnification contained in these Terms and Conditions survive and termination of use.

The Terms of Use will inure to the benefit of SJMA and its successors and assigns. 

Section headings used in this document are for convenience only and do not have any legal effect. 

Refusal or Suspension of Service

SJMA reserves the right, but has no obligation, to have SJMA’s systems monitor your social networking activities available in connection with this website.  SJMA reserves the right, in its sole discretion, to terminate your access to all or part of this website with or without notice. SJMA may change, suspend, interrupt, or discontinue any or all components of this website at any time, including the availability of any feature, database, or content, including any interactive areas, without prior notice or liability.

Contact

For questions, inquiries, or correspondence, please email us using this Contact Us form.