Terms of use

Acceptance of Terms and Conditions

The Crocker Art Museum (“Crocker”) provides this website (VEC.Crockerart.org) in support of its charitable and educational mission to connect people with art, ideas, each other, and the world around them. BY ACCESSING THE CROCKER WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). THE CROCKER ART MUSEUM MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE CROCKER WEBSITE NOW AND REFRAIN FROM FURTHER USE.

Protection of privacy

The Crocker is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Crocker website is governed by Crocker’s Privacy Policy. Please note that the Crocker website is not specifically dedicated to children and Crocker does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Crocker website.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Crocker website are registered and unregistered marks of Crocker, including but not limited to The Crocker Art Museum, the Crocker, and the Virtual Education Center. You may not use the Crocker Trademarks without Crocker’s prior, written permission.

The trademarks of third parties may also appear on the Crocker 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 Crocker website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Crocker Trademarks or may be construed to mean that Crocker has authority to grant any right or license on behalf of any third party trademark owner.

All content is protected by copyright laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Crocker website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. The Crocker retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, the Crocker. The Crocker expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below

Fair use is permitted

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Except when otherwise noted, users who wish to download or print text, audio, video, image and other files from the Crocker’s website for such uses are welcome to do so without the Crocker’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “www.vec.crockerart.org”

By downloading, printing, or otherwise using text, audio, video, image and other files from the Crocker website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate the Crocker’s or any other party’s proprietary rights.

Commercial use is prohibited

Unauthorized downloading, publication or exploitation of the Crocker’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from the Crocker’s collection should be sent to customerservice@crockerart.org.

Reservation of rights

All rights not expressly granted by the Crocker herein are specifically and completely reserved. Nothing on the Crocker website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Crocker has authority to grant any right or license on behalf of any third party.

Unrestricted forums

The Crocker at times may provide unrestricted forums on the Crocker website for the exchange of ideas and information by participants. The Crocker does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Crocker website

that you do not own, the Crocker requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the Crocker website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material. Digital Millennium Copyright Act (DMCA) Notice

In operating the CROCKER Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. In appropriate circumstances, we may take reasonable steps at our discretion to disable or terminate access to the CROCKER Website of users who may be repeat copyright infringers. If you believe any material available via the CROCKER Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is customerservice@crockerart.org.

Please provide the following notice:

• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;
• 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;
• A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number and email address; and
• Your physical or electronic signature.

Submissions

Any communication or material you post, transmit, or distribute to the Crocker website by electronic mail, form submission or otherwise, or any communication or material you post, transmit or distribute in any virtual or online Crocker event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you so transmit or post may be used by the Crocker or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Crocker is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Crocker website or submit in any virtual

or online Crocker event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and indemnification

By using the Crocker website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold the Crocker, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Crocker website.

DISCLAIMER OF WARRANTIES

THE CROCKER PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE CROCKER DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE CROCKER DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE CROCKER MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE CROCKER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION

LIMITATION OF LIABILITY

NEITHER THE CROCKER, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL 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 SITE, CONTENT, AND/OR COMPILATION.

Severance and waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be 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 shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Crocker’s failure to exercise or enforce any right or provision of these Terms and

Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Crocker.

Entire agreement

These Terms and Conditions 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.