Terms of Use | Marciano Art Foundation

The Marciano Art Foundation (“The Foundation”) has created and maintains The Foundation’s Website (“the Website”) in order to provide the public with online information and resources concerning the activities of The Foundation. By using the Website and its content, you expressly agree to comply with and be bound by the following Terms of Use, which The Foundation may change at any time. These Terms of Use were last updated on February 14, 2017.

The Foundation Website Is Proprietary to The Foundation

The Website contains information that is protected by copyright or other intellectual property laws, that is owned by The Foundation, its affiliates, or other third parties from whom The Foundation has received certain legal rights. All of the design, layout, look, appearance, images, text, marks, software, and graphics (the “Content”) are proprietary to The Foundation or used consistent with the owner’s permission or applicable law or regulation.

Use of Website and Its Content

You may not report, modify, publish, sell, reproduce, distribute, post, display, transmit, or in any way exploit any of the Website’s contents for commercial purposes. You agree that you will not assert any claim or interest in or to any Content on the Website, that you will comply with all restrictions on use contained herein, and that you will not infringe or violate the rights of any other party by or in connection with your use of the Website or its Content. Subject to the foregoing, The Foundation authorizes you to view, download, and print Content from the Website upon the following conditions:

(1) You must observe any and all additional terms or restrictions provided within individual sections of the Website relating to particular Content on the Website;

(2) You may view, download, and print Content from the Website for your own personal and noncommercial use;

(3) You may download, print, or otherwise use Content from the Website for “fair use” as defined in the United States copyright laws (generally, for noncommercial, educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting); provided that you must cite the author and source of this material as you would material from any printed work. The citation must include the URL

“https://marcianoartfoundation.org/”.

(4) You are strictly prohibited from downloading Content from the Website for commercial use or for use on personal websites;

(5) You may not remove any copyright, trademark, service mark, or other proprietary notice that has been placed in or near the content on the Website;

(6) You may not modify the appearance or Content of the Website; and

(8) The pictures and images of people, products, places, or things displayed on this Website are either the property of The Foundation or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorized or affiliated with you is strictly prohibited. Unauthorized uses of pictures and images may violate copyright or trademark law, privacy laws, or communication laws or regulations.

The Foundation expressly prohibits the copying of any Content on this Website not described above or elsewhere in these Terms of Use.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of The Foundation, including but not limited to the Marciano Art Foundation (“The Foundation Trademarks”). You may not use The Foundation Trademarks without The Foundation’s prior, written permission. Misuse of The Foundation Trademarks is strictly prohibited and The Foundation will aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution whenever and wherever necessary.

The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of The Foundation Trademarks or may be construed to mean that The Foundation has authority to grant any right or license on behalf of any third party trademark owner.

The Foundation Collection Online and Copyright

Records and images found in The Foundation Museum Collection are published from The Foundation’s collection database. Updates and additions stemming from research and imaging activities are ongoing and published online regularly.

The Foundation does not hold the copyright to many of the works in its collection, and respects the intellectual property rights held by artists, their estates, and other rights holders. Every effort has been made to accurately determine the rights status of works and their images. For copyrighted works with a known rights holder, a copyright notice is displayed under any available images and as part of the record for the artwork. Sometimes the rights holder for a work cannot be identified or located despite a good-faith diligent search conducted by The Foundation. Such “orphan works” are labeled as “Status undetermined” under any available images and as part of the record for the artwork. For some artworks, copyright research is still incomplete. These works are labeled as “Status unknown, research required.” Please contact The Foundation at images@marcianoartfoundation.org if you have information on the rights status of a work that is contrary or in addition to the information in our records.

Images may be unavailable for a work of art due to contractual reasons, copyright and privacy/publicity restrictions, or because a work has not yet been photographed or is too fragile to be photographed. For records with images, a combination of copyright status and available image quality determines the final image display size on the collection website. The Foundation publishes thumbnail-size images of copyrighted works for which it does not have a license to reproduce under fair use. All available images include embedded metadata, accessible under file properties or file information.

Digital Millennium Copyright Act

The Foundation complies with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(2). The Foundation may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information, with “DMCA Claim” in the subject line, to our designated agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Foundation’s agent for notice of claims of copyright infringement can be reached at images@marcianoartfoundation.org

Permissions and Requests for Images and Other Site Content

Except as expressly permitted above, reproduction or redistribution of any content on the Website is strictly prohibited without the prior written permission of The Foundation.

To request permission to use or reproduce images from The Foundation’s collection, or to otherwise publish or quote from The Foundation’s website, please contact us at images@marcianoartfoundation.org

The Foundation reserves the right not to grant permission to use the content of its Website, and does not ever grant permission to use any materials of third parties.

Online Sales

To reserve or purchase tickets from the Website, you must agree to comply with the Terms of Sale, which govern the purchase and reservation of tickets through the Website.

The Terms of Sale form part of the overall Terms of Use of the Website and are incorporated herein by this reference.

No Representations or Warranties by The Foundation

The Foundation makes no representation of any kind regarding the content of the Website. All content on the Website is provided “AS IS.” The Foundation expressly disclaims any and all warranties of merchantability or fitness for a particular purpose.

Without limiting the foregoing:

(1) The Foundation does not warrant or represent that use of content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with The Foundation. Copyright and other proprietary rights in the Website’s content may be held by individuals and/or entities other than The Foundation, including reproductions of works of art licensed to The Foundation by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Website. Use of these images by you is prohibited unless specifically permitted by these Terms of Use.

(2) While The Foundation uses reasonable efforts to include accurate and up-to-date information in the Website, The Foundation makes no representations or warranties as to its accuracy. The Foundation assumes no liability or responsibility for any errors or omissions in the content of the Website.

(3) Use of and browsing in the Website are at your risk. The Foundation assumes no responsibility and will 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 Website.

Except where specifically indicated otherwise, any communication or material you transmit to the Website by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by The Foundation and its respective affiliates or licensees for any purpose.

Unauthorized Use of Website

While using the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the foregoing, you agree that you will not:

(a) Use the Website to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;

(b) Use the Website to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;

(d) Interfere with or disrupt networks connected to the Website;

(e) Attempt to modify, reverse engineer, or reverse assemble any part of the Website;

(f) Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Website or other users of the Website; or

(g) Violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.

Any unauthorized use of the Website (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Use. It will also be a violation of these Terms of Use for any individual (or group of individuals acting in concert) to request more than 1,000 pages of the website in any 24 hour period.

Registration for a Foundation Newsletter

Registering for a Foundation Newsletter is free and is only available to people or parties with contractual capacity.

When registering for a Foundation Newsletter, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you. In California, this requires you to be at least 18 years old. In registering for a Foundation Newsletter, you will provide us with certain information. You agree to give current, complete, and accurate information to us, and to update any information that may have changed. We may use the information provided by you to verify the accuracy of that information (including using the information to contact you). We reserve the sole discretion as to who may register for a Foundation Newsletter and retain the right to terminate any registration without notice or further explanation.

You waive and hereby release The Foundation from any claim in respect of or arising from any reliance by us upon any use of your log-in details and/or account, including us disclosing information relating to your account and/or affairs with us.

Links

The Website may contain links to third party websites. The Foundation has not reviewed all of the websites linked to the Website and is not responsible for any content of any linked website. The Foundation provides these links as a convenience only; and such links do not imply The Foundation’s endorsement, sponsorship, or affiliation with the linked website.

Privacy

We may collect and use information about you in the manner set out in our Privacy Policy. The Privacy Policy forms part of the overall Terms of Use of the Website and is incorporated herein by this reference.

Breach of Terms of Use

Without limiting any other rights available to us at law or otherwise, if you breach any of these Terms of Use, including any provisions of the Terms of Sale and the Privacy Policy, we may terminate your access to the Website, cancel your Foundation Newsletter registration, cancel any tickets purchased or reserved through the Website without refund or notice, or take any other action that we believe appropriate.

You agree to release and indemnify The Foundation and its officers, directors, employees and agents from and against all costs, expenses, loss, proceedings, or liabilities brought against or incurred by those persons in connection with your use of the Website or breach of these Terms of Use in any way.

Applicable Law, Jurisdiction and Venue

The Website (excluding links to websites operated by others) is controlled and operated by The Foundation from its offices in and around Los Angeles, California. Although The Foundation has made no effort to publish the Website 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 The Foundation both benefit from establishing a predictable legal environment in which to access and use the Website, by accessing and/or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the internal 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 Website will be heard and resolved in the courts of the State of California, County of Los Angeles. 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 Website from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and release The Foundation and its directors, officers, employees, agents, representatives and funders (including without limitation Maurice and Paul Marciano, the Marciano Art Foundation and Guess? Inc. (the “Funders”)) from all claims, causes, allegations, costs, expenses, fees (including actual attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website.

LIMITATION OF LIABILITY

NEITHER THE FOUNDATION, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR FUNDERS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ITS CONTENT.

Waiver and Severance

Any waiver of any provision of this Terms of Use agreement must be in writing and signed by an authorized representative of The Foundation. The Foundation’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless agreed to in writing by The Foundation.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein will not in any way be affected or impaired thereby. The parties agree that any invalid term(s) or condition(s) will be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, will be severed and deleted from these Terms of Use.

Entire Agreement

These Terms of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this agreement must be effected by an instrument in writing signed by the parties.