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Terms & Conditions

This website (the “Site”) is provided for your use by Art Bridges, Inc. (“Art Bridges”) under the following terms and conditions (“Terms and Conditions”). Art Bridges may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing, or using the Site, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). You are encouraged to visit this page from time to time to review the current Terms and Conditions.

Rights & Reproductions

Copyrights

The text, images, data, audio and video clips, software, documentation, and other content on the Site (collectively, the “Materials”) are protected by copyright and may be covered by other rights and restrictions as well. Art Bridges, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, to the Materials.

The Site, and the Materials contained therein, may be used only as set forth in these Terms and Conditions or by obtaining explicit written permission from Art Bridges, and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and other applicable laws and is strictly prohibited. Art Bridges expressly reserves all rights and remedies available under such laws, regulations, and statutes.

Art Bridges does not warrant that use of any Materials will not infringe the rights of third parties. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works, or may include third party trademarks or rights of publicity. Such works may not be used in any form and may not be copied or downloaded without prior permission from the holder of the underlying rights.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site, for which Art Bridges holds the rights, for public or commercial purposes, or for personal gain, without the express prior written permission of Art Bridges. To learn more about how to request permission to use the contents on the Site, please see the section on “Obtaining Permission” below.

Fair Use

You may use the content of this Site only for limited non-commercial, educational, and personal use, or where such use qualifies as “fair use” permitted under the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the Materials and cite the author and source of the Materials. Art Bridges neither warrants nor represents that your use of any of the Materials displayed on the Site will not infringe its rights or the rights of third parties not owned by or affiliated with Art Bridges. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.

Obtaining Permission

Anyone wishing to use the Materials from this Site for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of Art Bridges, or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For works of art from the Art Bridges collection reproduced on this Site, Contact Us. For works of art from other museums or collections reproduced on this Site, contact the organization listed in the work’s caption directly. For all other images on the Site, and for any text excerpts, Contact Us.

Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Art Bridges. Art Bridges does not warrant that its images are free from rights claimed by third parties. As the user, it is your responsibility to obtain any third party permissions that may be required for your use. Art Bridges assumes no liability for your use of these images.

Trademarks

The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including “Art Bridges, Inc.” and variations thereof, are registered and unregistered Trademarks of Art Bridges, Inc. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of Art Bridges, or such third party owner of any Trademark used. Any unauthorized use of the Trademarks or any other Materials is strictly prohibited.

Disclaimer of Warranties

Art Bridges assumes no liability for any errors or omissions in the content of the Site. Art Bridges is engaged in an ongoing process of updating and revising the Materials on this Site. Art Bridges further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. Art Bridges assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, Art Bridges assumes no liability for any losses that may be sustained by you or any third party arising from the unavailability of the Site.

All Materials on the Site are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Art Bridges assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property resulting from your use of the Site or your downloading of any Materials from the Site.

Limitation of Liability

ART BRIDGES, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Third Party Sites

Art Bridges has not reviewed all of the sites linked to the Site and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliated with Art Bridges) are for your convenience only, and you access them at your own risk. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Art Bridges. Any information that you may provide to such third party sites is done at your own risk.

Submissions

Any communications or material you transmit to the Site and/or to Art Bridges domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. You agree that anything that you transmit or post may be used by Art Bridges or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Art Bridges is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or to Art Bridges’ domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products or services using such information. You also acknowledge and agree that Art Bridges may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.
You are required and agree to obtain permission from any third party owner of proprietary material, such as a copyrighted story or a news article written by another person, before you post or distribute such material through this Site.

Severance and Waiver

You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
The failure or delay by Art Bridges to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by Art Bridges.

Choices of Law and Jurisdiction

The Terms and Conditions are governed by the laws of the State of Texas without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, for the determination of any issue arising under these Terms and Conditions or between you and Art Bridges. You stipulate to the fairness and convenience of proceeding in such courts and covenant not to assert any objection to proceeding in such Courts.

Indemnity

You agree to indemnify, defend, and hold Art Bridges harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of this Site.

Entire Agreement

These Terms and Conditions constitute the entire agreement between Art Bridges and you and govern your use of the Site, and you agree and acknowledge that any other agreements between you and Art Bridges superseded and of no force or effect.

Digital Millennium Copyright Act (DMCA)

Art Bridges is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Copyright owners who believe material posted on or linked to from this Site is infringing should provide a written, signed notice of infringement to the designated agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice should be sent to the Megan Valentine, Registrar, Art Bridges, Inc., 600 Museum Way, Bentonville, AR 72712 or reproductions@crystalbridges.org.