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Terms of use
WELCOME to www.delart.org, the official website of the Delaware Art Museum. As part of its mission, the DAM is dedicated to developing an awareness, understanding, and appreciation of the visual arts and their impact on culture, and to enriching lives by collecting, preserving, exhibiting, and interpreting the visual arts for a diverse audience. The DAM 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 DAM may at any time revise these terms and conditions. You are solely responsible for being in compliance with the then-current terms and conditions.
COPYRIGHT
The DAM is committed to protecting the copyrights and other intellectual property rights of creative artists and others. The DAM 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 DAM.
You hereby acknowledge and agree that, subject to valid third party rights, the DAM 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 DAM 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 below.
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, or any purpose other than fair use as set forth below, must request and receive prior written permission from the DAM. The DAM reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of the DAM. A usage fee may be involved depending on the type and nature of the proposed use.
Photographic and digital images of DAM objects may also be available through the Coordinator of Rights and Reproductions listed below.
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FAIR USE
In accordance with the applicable copyright laws, the Materials may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of materials is cited. Unless otherwise noted, users who wish to download or print Materials from this website for such uses may do so without the DAM's express permission. Users must cite the Material as they would material from any printed work; the citation should include the URL "http://www.delart.org" in addition to all Copyright and other proprietary notices contained on the Materials. Certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by the DAM. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and the DAM will have no responsibility in connection with securing such necessary rights for any Materials. Any use of the Materials that does not qualify as fair use is subject to the DAM's prior written approval, and the user must request and receive such approval prior to any use.
TRADEMARKS
The trademarks, trade names, logos and service marks ("Trademarks") displayed on this website, including "DAM," 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 DAM or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
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LINKS
This website may contain links to third party websites. The DAM is not responsible for any content of any linked website. The DAM provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked website.
PRIVACY
Your privacy is important to the DAM. All information gathered from you in connection with your use this website will be governed by the provisions of the DAM Privacy Policy. For more information, see the complete DAM Privacy Policy.
DISCLAIMER
The DAM 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 DAM will fully cooperate with any law enforcement authorities or court order requesting or directing the DAM 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 DAM 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 DAM 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.
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LIMITATION OF LIABILITY
You expressly understand that in no event will the DAM 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 from through use of the website; or (d) any goods or services advertised on the website; even if the DAM 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 supercedes 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 DAM 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 the DAM. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of the DAM and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.
CONTACT
For questions, inquiries, and correspondence, you may contact:
Jennifer Holl
Delaware Art Museum
2301 Kentmere Parkway
Wilmington, Delaware 19806
jholl@delart.org
302.571.9590 ext. 519
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