AGUA CALIENTE CULTURAL MUSEUM
Copyright 2005 - 2007 Agua Caliente Cultural Museum
All rights reserved.
Agua Caliente Cultural Museum has created and maintains www.accmuseum.org ("the Site") in support of its mission to provide education, information, communication and personal enjoyment to the public. Access to and use of this Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms.
TERMS AND CONDITIONS
Access to and use of Agua Caliente Cultural Museum's image and text files and data on this Site are subject to the following Terms and Conditions:
1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions as well. Agua Caliente Cultural Museum and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the "Materials"). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.
2. The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in the United States copyright laws. Users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL "www.accmuseum.org" in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that Agua Caliente Cultural Museum does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Agua Caliente Cultural Museum. Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than Agua Caliente Cultural Museum, including reproductions of works of art licensed to Agua Caliente Cultural Museum by third parties such as artists or artists' heirs holding rights to these works, or images of people or places displayed on the Site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
3. Agua Caliente Cultural Museum expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.
4. While Agua Caliente Cultural Museum uses reasonable efforts to include accurate and up-to-date information in this Site, Agua Caliente Cultural Museum makes no representations or warranties as to its accuracy. Agua Caliente Cultural Museum assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. Use of, and browsing, in the Site are at your risk. Neither Agua Caliente Cultural Museum nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Materials on the Site are provided "AS IS," WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. Agua Caliente Cultural 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 Materials from the Site.
6. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including, but not limited to, any data, questions, comments, or suggestions is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Agua Caliente Cultural Museum or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Agua Caliente Cultural Museum is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
Any party wishing to use any of the Materials from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from Agua Caliente Cultural Museum. Permission for such use is granted on a case-by-case basis at the sole discretion of Agua Caliente Cultural Museum. For inquiries, please contact:
Agua Caliente Cultural Museum
901 E. Tahquitz Canyon Way, Suite C-204
Palm Springs, California, 92262
A usage fee may be charged depending on the nature and type of the proposed use. Agua Caliente Cultural Museum reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.
The trademarks, online logo marks, and service marks ("the Trademarks") displayed on the Site, including AGUA CALIENTE CULTURAL MUSEUM are registered and/or unregistered Trademarks of Agua Caliente Cultural Museum. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of Agua Caliente Cultural Museum or any third party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
The Site may contain links to third party sites. Agua Caliente Cultural Museum has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. Agua Caliente Cultural Museum provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.
LINKS TO THE AGUA CALIENTE CULTURAL MUSEUM
We encourage all individuals and organizations to link to our site. Please use this URL: http://www.accmuseum.org, and notify us via E-mail that you have linked to our site. If you would like to use our logo as the link, E-mail us with your request.
CONTENT PROVIDED BY USERS
Although Agua Caliente Cultural Museum may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Agua Caliente Cultural Museum is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor 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. Agua Caliente Cultural Museum will fully cooperate with any law enforcement authorities or court order requesting or directing Agua Caliente Cultural Museum to disclose the identity of anyone posting any such information or materials.
DIGITAL MILLENNIUM COPYRIGHT ACT
For purposes of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Sec. 512(c)(2), Agua Caliente Cultural Museum has designated an agent for notification of claimed infringement as follows: Development Department, Agua Caliente Cultural Museum, 901 E. Tahquitz Canyon Way, Suite C-204, Palm Springs, CA 92262, 760.778.1079, firstname.lastname@example.org. Agua Caliente Cultural Museum provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
APPLICABLE LAW AND JURISDICTION
The Site (excluding links to Web Sites operated by others) is controlled and operated by Agua Caliente Cultural Museum from its offices in Palm Springs, California. Although Agua Caliente Cultural Museum has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Agua Caliente Cultural Museum both benefit from establishing a predictable legal environment in which to publish, access and use Agua Caliente Cultural Museum's Web Site, by publishing, accessing, and/or using the Site, you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Riverside County, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding 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 Riverside County, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and hold Agua Caliente Cultural Museum, its trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site.
Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Agua Caliente Cultural Museum. Agua Caliente Cultural Museum may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.
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