Terms & Conditions - SAM - Seattle Art Museum
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Terms & Conditions

The Seattle Art Museum (SAM) maintains www.seattleartmuseum.org and affiliate websites and applications (collectively, the “SAM Website”) in order to provide information about SAM, including exhibition, collection, event and visitor information. By accessing, browsing, or using this website, you acknowledge and accept the following terms and conditions, without limitation. SAM may revise these terms and conditions at any time. It is your responsibility to be in compliance with our current terms and conditions, and we therefore encourage you to review this page from time to time. If you do not agree to these terms of use, please do not use the SAM Website.​

PROTECTION OF USER PRIVACY

SAM is committed to protecting the privacy of our website visitors. SAM only gathers information from you in accordance with applicable laws and regulations, and all user information obtained in connection with your use of the SAM Website is governed by our Privacy Policy. We would like to reiterate that the SAM Website does not deliberately seek information from our younger users; children 12 years of age and younger must obtain permission from a parent or guardian before supplying any personal information or other content to the SAM Website.​

TRADEMARKS

All institutional names, exhibition names, and other trademarks, service marks, trade names, and logos (together, the “Trademarks”) appearing on the SAM Website are trademarks of The Seattle Art Museum and/or its affiliates, whether registered or unregistered. In addition, the SAM Website may display trademarks owned by third parties. Nothing appearing on the SAM Website should be construed, whether explicitly or by implication or primary estoppel, as granting any right or license to use, copy, reproduce, republish, upload, post, distribute or modify any Trademark displayed on the SAM Website without the prior written consent of SAM or the third- party-owner of the Trademark.

You may not use any SAM Trademark as a hyperlink on or to any other website without prior written consent.

You shall not use Seattle Art Museum's name or any language, pictures or symbols which could, in SAM's judgment, imply SAM's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without prior written consent.​

ALL CONTENT ON THIS WEBSITE IS PROTECTED BY COPYRIGHT LAWS AND OTHER RESTRICTIONS

All content of the SAM Website, including images, text, video and audio (hereafter referred to as "materials") are protected by U.S. and international copyright laws, and may be covered by other restrictions as well. SAM and certain third parties own and expressly reserve all rights to materials on the SAM Website, including copyright, in whole and in part, throughout the world. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on the SAM Website, except for the purpose of Fair Use as defined in the copyright laws and described below, without the written consent of SAM and of any third party rights-holder. You also may not remove any digital watermark, proprietary notice, or accompanying text to an image. SAM expressly reserves all rights and remedies available under domestic and international laws, statutes, ordinances, and regulations, including laws of publicity, privacy, and contract, regarding any unauthorized uses or modifications of the SAM Website and its materials. ​

FAIR USE IS PERMITTED

You are authorized to view, play, print, forward and download documents, images, audio and video, and other files from the SAM Website for personal, noncommercial, educational, research, criticism, commentary, and news reporting purposes without SAM’s express permission, on the condition that you retain all copyright and other proprietary notices displayed on the material, and that you appropriately cite the author and the source of this material. You are responsible for ensuring that your fair use of materials from the SAM Website does not infringe on any proprietary rights held by third parties. By downloading, printing, or otherwise using copyrighted material from the SAM Website, including material belonging to the SAM Website that is accessed through other websites or mechanisms, you agree that you will limit your use of such material to fair use, and will not violate SAM’s or any third party’s proprietary rights. ​

COMMERCIAL USE IS PROHIBITED WITHOUT PRIOR WRITTEN CONSENT

Users wishing to use materials displayed on the SAM Website for any purpose other the uses expressly authorized by these Terms and Conditions must obtain prior written consent, which SAM or the appropriate rights holder grants on a case-by-case basis, and at its sole discretion. Please review the Image Rights section of our website to get detailed information and instructions on how to request permission for use of images from the SAM collection. In this section we provide an online request form as well as detailed contact information.​

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the SAM 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 SAM Website of users who may be repeat copyright infringers. If you believe any material available via the SAM 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 dmca@seattleartmuseum.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. ​

RESERVATION OF RIGHTS

SAM expressly reserves all rights not expressly granted by SAM in these Terms and Conditions. Nothing on the SAM Website or these Terms and Conditions shall be construed mean, whether explicitly or implicitly, that SAM grants any right or license to use any content belonging to any third party, or that SAM has any authority to grant such rights or licenses. ​

PURCHASES MADE THROUGH THE SAM WEBSITE

SAM retains the right or refuse, limit or cancel any orders made through the SAM Website. Pricing may be adjusted at any time. Errors in pricing or processing are subject to correction.

SAM bills all purchases made thought the SAM Website to your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse SAM for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Neither SAM nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond your reasonable control, including, without limitation: breakdown of machinery, disruption of transport, accidents, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers; fire, earthquake, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts.​​

SUBMISSIONS

Any communication or information that you post, email, transmit or otherwise distribute to the SAM Website, including questions, comments and suggestions, become the sole property of the Seattle Art Museum, and are considered nonconfidential and nonproprietary. Anything you submit to the SAM Website may be used by the Seattle Art Museum or its affiliates for any purpose, including reproduction, publication, broadcast, and disclosure to law enforcement. Seattle Art Museum may also use any ideas, concepts or techniques contained in your submissions, and may implement your suggestions, without any obligation to provide compensation. You may not include any proprietary information or materials belonging to third parties in your submissions to the SAM Website without first obtaining all necessary permissions to do so. ​

​​UNRESTRICTED FORUMS

Certain functions on the SAM Website may include unrestricted forums or comments sections that are open to users. SAM does not edit or control information, materials or modifications that are posted in or distributed through these forums, and does not endorse any opinions contained therein. You are prohibited from posting or sending any unlawful, threatening, abusive, defamatory, libelous, obscene, pornographic or profane material; material that infringes the copyright or other proprietary rights of any third party; any advertising, promotional, or solicitation material; or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Any such violations to our Terms of Use may subject the sender and his or her agents to civil and criminal penalties. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from The SAM Website. SAM will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.​

THIRD PARTY SITES

The SAM Website may contain links to websites operated by parties other than SAM. Such links are provided for your reference only. SAM does not control such websites and is not responsible for their contents. SAM's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.​

TERMINATION​

SAM may suspend your use of the SAM Website at any time, for any reason or for no reason. We may also block your access to the SAM Website in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.​

WARRANTY AND INDEMNIFICATION

You agree to defend, indemnify and hold Seattle Art Museum, its affiliates, trustees, directors, officers and employees, and other agents and representatives harmless from any and all claims, allegations, liabilities, costs, expenses, including reasonable attorneys' fees, judgments, losses, and damages arising from or related to your use of the SAM Website, any of its materials, or of the placement or transmission of any message or information on this website by you or your authorized users.​

DISCLAIMER OF WARRANTIES

Your use of and browsing of the SAM Website are at your own risk. ALL MATERIALS ON THE SAM WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS.​

SEATTLE ART MUSEUM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THE SAM WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SAM WEBSITE FOR ANY PURPOSE. SEATTLE ART MUSEUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SEATTLE ART MUSEUM ASSUMES NO RESPONSIBILITY AND IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES OF CONTENT, FOR ANY DAMAGES OR LOSSES INCURRED AS A RESULT OF UNAVAILABILITY OF THE SAM WEBSITE, OR FOR ANY COMPUTER VIRUSES, SPYWARE OR OTHER MALWARE THAT MAY AFFECT THE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING OUT OF USE OF THE SAM WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OR COMPILATION OF CONTENT FROM THE SAM WEBSITE. SEATTLE ART MUSEUM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SAM WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SEATTLE ART MUSEUM MAY REVISE, ALTER OR DELETE CONTENT ON THE SAM WEBSITE AT ANY TIME. YOU (AND NOT SEATTLE ART MUSEUM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.​

LIMITATION OF LIABILITY

THE SEATTLE ART MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,) CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE SAM WEBSITE AND ITS CONTENT. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SAM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR THE PURCHASE OF YOUR ITEM(S).​

ENTIRE AGREEMENT

These Terms and Conditions are the entire agreement between visitors to the SAM Website and SAM, and supersedes any prior understandings or agreements (written or oral) with respect to the SAM Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms and conditions contained herein shall remain in full force and effect. SAM's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right unless agreed to in writing by SAM.​

JURISDICTION AND CHOICE OF LAW

By using the SAM Website, you agree that the laws of Washington State shall govern in any and all disputes, without regard to its conflict of laws principles, including privacy or defamation issues or other concerns. Further, you agree that the courts of King County, Washington will have jurisdiction over all matters arising out of or related to the use of the SAM Website.​

CONTACT

For questions regarding our Terms of Use, please contact:

Digital Media Manager
Seattle Art Museum
1300 First Avenue
Seattle, WA 98101-2003
webmaster@seattleartmuseum.org