Terms & Conditions

INTRODUCTION

Welcome to www.delart.org, the official website of the Delaware Art Museum (hereinafter referred to as the Museum).  The Delaware Art Museum connects people to art, offering an inclusive and essential community resource that through its collections, exhibitions, and programs generates creative energy that sustains, enriches, empowers, and inspires.  The Museum has created and maintains this website in support of its mission.  Access to and use of this website and its contents are subject to the following Terms and Conditions and all applicable laws.  By accessing and browsing this website, you fully acknowledge and accept these Terms and Conditions.  The Museum may amend these Terms and Conditions from time to time.  If we make any substantial changes to the Terms and Conditions, we will notify you by posting a prominent announcement on this page.

COPYRIGHT

You hereby acknowledge and agree that, subject to valid third party rights, the Museum 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, and all other content contained in this website (collectively “Materials”).  The Museum 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.

The Museum is committed to protecting the copyrights and other intellectual property rights of creative artists and others.  The Museum has taken all reasonable steps to ensure that all reproductions on this website are done according to applicable laws.  Copyrights and other proprietary rights in the Materials may subsist in individuals and entities other than the Museum.

GENERAL USE

Unauthorized reproduction, distribution, and exploitation of the Materials for personal or commercial gain are not permitted.  Anyone wishing to use any of the Materials for commercial purposes, including publication, must request and receive prior written permission from the Museum.  The Museum reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of the Museum.  A usage fee may be involved depending on the type and nature of the proposed use.

Photographic and digital images of Museum objects may also be available through the Museum’s Office of Rights & Reproductions.  For more information, click here for the Office of Rights & Reproduction’s webpage.

TRADEMARKS

The trademarks, trade names, logos, and service marks (“Trademarks”) displayed on this website are Trademarks of the Delaware Art Museum.  The Trademarks of third parties may also be displayed on the website and are the property of their respective owners.  Nothing contained in this website grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the website without written permission of the Museum or any third party owner of the Trademark.  Your misuse of the Trademarks displayed on the website, including alteration or use out of context, is strictly prohibited.

LINKS

The Museum may provide links to other third party websites and other websites may provide links to the Museum website.  Third party websites operate according to their own terms of use and privacy policy.  The Museum has no control over such third party websites and therefore you acknowledge and agree that the Museum is not responsible for the availability of such third party websites and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites.  You further acknowledge and agree that the Museum will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or other materials on or available from such websites.

PRIVACY

Your privacy is important to the Museum.  All information gathered from you in connection with your use this website will be governed by the provisions of the Museum’s Privacy Policy for Website Users.  For more information, click here to see the complete Privacy Policy.

DISCLAIMER

The Museum is under no obligation to monitor this website and assumes no responsibility or liability arising from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website.  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.  The Museum will fully cooperate with any law enforcement authorities or court order requesting or directing the Museum to disclose the identity of anyone posting any such information or materials.

DISCLAIMER OF WARRANTIES

This website is provided to you “as is” and “as available” with no warranty.  To the maximum extent permitted by law, the Museum 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, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance.  The Museum 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 the Museum or its officers, directors, parents, subsidiaries, 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 the Museum 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.

JURISDICTION

The laws of the State of Delaware govern these Terms and Conditions.  Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

MISCELLANEOUS

These Terms and Conditions express the complete understanding of the parties with respect to the subject matter hereof and supersedes 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 the Museum to insist upon or enforce strict performance of any provision of the Terms and Conditions by you or others will not be construed as a waiver of any provision or right of the Museum.  You may not assign or transfer these Terms and Conditions or any rights hereunder, and any attempt to the contrary is void.  The Terms and Conditions will inure to the benefit of the Museum and its successors and assigns.  Section headings used in this document are for convenience only and do not have any legal effect.

LEARN MORE

If you have any questions or concerns about these Terms and Conditions, our online practices, or your dealings with this website, please contact:

Molly Giordano
Manager of Marketing & Public Relations 
mgiordano@delart.org
302.571.9590 ext. 515

Effective Date: 01/20/09