Pacific Asia Museum
Terms of Use Agreement
The Pacific Asia Museum has created and maintains www.pacificasiamuseum.org
("the Site") in support of its mission to provide education,
information, communication and personal enjoyment to the public.
Access to and use of this Site is subject to the following terms
and conditions ("Terms and Conditions") and all applicable
laws. By accessing and browsing the Site, you accept, without limitation
or qualification, the Terms and Conditions and other notices and
acknowledge full and complete acceptance of these terms.
TERMS AND CONDITIONS
Access to and use of the Pacific Asia Museum’s image and text
files and data on this Site are subject to the following Terms and
Conditions:
1. The text, images, and data on
the Site are protected by copyright and may be subject to other
restrictions as well. The Pacific Asia Museum and relevant third
parties retain all rights, including copyright, in data, images,
audio and video clips, software, documentation, text, and other
information contained in these files (collectively, the "Materials").
Users may download Materials subject to the preceding and following
Terms and Conditions, and subject to any additional terms or restrictions
applicable to the individual file or program, provided all copyright
and other proprietary notices contained on the Materials are retained.
2. The
Materials are made available for use without permission only for
limited non-commercial personal or educational use, or for fair
use as defined in the United States copyright laws. Users must cite
the author/artist and source of this Material as they would material
from any printed or other work, and the citation should include
the URL "www.pacificasiamuseum.org" in addition to all
copyright and other proprietary notices contained on the Materials.
In granting this limited permission, however, note that the Pacific
Asia Museum does not warrant or represent that use of Materials
displayed on the Site will not infringe the rights of third parties
not owned by or affiliated with the Pacific Asia Museum. Copyright
and other proprietary rights in the Materials may be held by individuals
and/or entities other than the Pacific Asia Museum, including reproductions
of works of art licensed to the Pacific Asia Museum by third parties
such as artists or artists' heirs holding rights to these works,
or images of people or places displayed on the Site. Use of these
images by you is prohibited unless specifically permitted by these
Terms and Conditions.
3. The
Pacific Asia Museum expressly prohibits the use, copying, display,
publication, distribution, transmission, modification, reposting
or exploitation for commercial or public purposes of any protected
Materials on the Site, and permits only the purposes described above.
4. While the Pacific Asia Museum
uses reasonable efforts to include accurate and up-to-date information
in this Site, the Pacific Asia Museum makes no representations or
warranties as to its accuracy. The Pacific Asia Museum assumes no
liability or responsibility for any errors or omissions in the content
of the Site.
5. Use of and browsing in the Site
are at your risk. Neither the Pacific Asia Museum nor any other
party involved in creating, producing, delivering or maintaining
the Site is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, the
Site. Without limiting the foregoing, all Materials on the Site
are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
The Pacific Asia Museum assumes no responsibility, and shall 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 Materials from the Site.
6. Except where specifically indicated
otherwise, any communication or material you transmit to the Site
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 or post may be used by
the Pacific Asia Museum or its affiliates or licensees for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast, posting and the like. The Pacific Asia Museum
is free to use any ideas, concepts, know-how or techniques contained
in any communication you send to the Site for any purpose whatsoever,
including, but not limited to, developing, manufacturing and marketing
products using such information.
PERMISSIONS
Any party wishing to use any of the Materials from the Site, for
any purpose other than the limited purposes identified above, must
request and receive prior written approval from the Pacific Asia
Museum. Permission for such use is granted on a case-by-case basis
at the sole discretion of the Pacific Asia Museum. For inquiries,
please contact:
Collections Manager
Pacific Asia Museum
46 North Los Robles Avenue,
Pasadena, CA 91101
626.449.2742
m.page@pacificasiamuseum.org
A usage fee may be charged depending on the nature and type of
the proposed use. The Pacific Asia Museum reserves the right not
to grant permission to use its Materials, and does not grant permission
to use Materials of third parties.
TRADEMARKS
The trademarks, online logo marks and service marks ("the Trademarks")
displayed on the Site, including Pacific Asia Museum are registered
and/or unregistered Trademarks of the Pacific Asia Museum. The Trademarks
of third parties may also be displayed on the Site. Nothing contained
in this Site should be construed as granting, by implication, estoppel,
or otherwise, any right or license to use any Trademark displayed
on the Site without written permission of the Pacific Asia Museum
or any third party owner of the Trademark displayed on the Site.
Your misuse of the Trademarks displayed on the Site, including alteration
or use out of context, is strictly prohibited.
LINKS
The Site may contain links to third party sites. The Pacific Asia
Museum has not reviewed all of the sites linked to the Site and
is not responsible for any content of any linked site. Your linking
to any off-site pages or to other sites is at your own risk. The
Pacific Asia Museum provides these links as a convenience only,
and a link does not imply endorsement, sponsorship or any affiliation
with the linked site.
APPLICABLE LAW AND JURISDICTION
The Site (excluding links to Web Sites operated by others) is controlled
and operated by the Pacific Asia Museum from its offices in and
around Pasadena, California. Although the Pacific Asia Museum has
made no effort to publish the Site elsewhere, it is accessible in
all fifty U.S. states and in other countries due to its presence
on the World Wide 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 Pacific Asia Museum both benefit from establishing
a predictable legal environment in which to publish, access and
use the Pacific Asia Museum’s Web Site, by publishing, accessing,
and/or using the Site you agree that all matters arising from or
relating to the use and operation of the Site will be governed by
the 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 Site will be heard
and resolved in the courts of Pasadena, California. 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 Site from locations other than Pasadena, California,
you will be responsible for compliance with all local laws of such
other locations.
INDEMNITY
You agree to indemnify, defend, and hold the Pacific Asia Museum,
its trustees, officers, agents, and employees harmless from all
claims, causes, allegations, costs, expenses, fees (including reasonable
attorneys' fees), judgments, liabilities, losses and damages arising
from or relating to your use of or operation of the Site.
WAIVER
Any waiver of any provision of this Agreement must be in writing
and signed by an authorized representative of the Pacific Asia Museum.
The Pacific Asia Museum may at any time revise these Terms and Conditions
and other notices contained herein by updating this posting. You
are bound by such revisions and should periodically visit this page
to review the then-current Terms and Conditions.
Pacific Asia Museum
46 North Los Robles Avenue, Pasadena, CA 91101
(626) 449-2742
webmaster@pacificasiamuseum.org
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