Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
The San Antonio Museum of Art (“SAMA”) provides this website (samuseum.org) and the Online Store (store.samuseum.org) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING OR USING THE SAMA WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS AS BINDING ON YOU (the “Terms and Conditions”) AND ACKNOWLEDGE AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS. SAMA MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME OR ADD NEW TERMS AND CONDITIONS (“ADDITIONAL TERMS”), WHICH REVISIONS AND ADDITIONAL TERMS SHALL ALSO BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST EXIT THE SAMA WEBSITE NOW AND REFRAIN FROM FURTHER USE. OUR PRIVACY POLICY (LINKED BELOW) AND ANY ADDITIONAL TERMS ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN.
PROTECTION OF PRIVACY
SAMA 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 SAMA website is governed by SAMA’s Privacy Policy. Please note that the SAMA website is not specifically dedicated to children and SAMA does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting information to the SAMA website.
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 SAMA website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. SAMA 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, SAMA. SAMA 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. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from SAMA’s website for such uses are welcome to do so without SAMA’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 “http://www.samuseum.org.”
By downloading, printing, or otherwise using text, audio, video, image and other files from the SAMA 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 SAMA’s or any other party’s proprietary rights.
COMMERCIAL USE IS PROHIBITED
Unauthorized downloading, publication or exploitation of SAMA’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 SAMA’s collection within North America (Canada, U.S., Mexico) should be addressed directly to Registrar’s Office at 200 W. Jones Avenue, San Antonio, TX 78215 or registrar@samuseum.org. Please refer to our Rights and Reproductions page: samuseum.org/rightsandreproductions.
RESERVATION OF RIGHTS
All rights not expressly granted by SAMA herein are specifically and completely reserved. Nothing on the SAMA website or in these Terms and Conditions grants, expressly or implicitly, or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that SAMA has authority to grant any right or license on behalf of any third party.
DIGITAL MILLENNIUM COPYRIGHT AGENT
SAMA respects the intellectual property of others, and asks users of the SAMA website to do the same. SAMA may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the SAMA website of users who may be repeat infringers of copyright.
WARRANTY AND INDEMNIFICATION
By using the SAMA 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 SAMA, 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 SAMA website.
DISCLAIMER OF WARRANTIES
SAMA PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. SAMA 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. SAMA DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. SAMA 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. SAMA 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 SAMA, 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. SAMA’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 SAMA.
VENUE AND CHOICE OF LAW
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in Bexar County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
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.
CONTACT US
If you have any questions regarding this privacy policy, please contact the San Antonio Museum of Art:
200 W. Jones Avenue
San Antonio, TX 78215
email: info@samuseum.org