Terms of Use
Effective as of: June 27, 2016
The following terms and conditions of use apply to all visitors to and users of the Columbus Museum of Art (“CMA”) website www.columbusmuseum.org (the “Website”).
By continuing to browse or use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, as they may be modified by us at any time and posted on this Website (the “Terms of Use”). If you do not accept these Terms of Use, do not browse or use this Website. The Terms of Use constitute a legal agreement.
The terms “CMA,” “we,” “us,” and “our” refer to the Columbus Museum of Art.
The terms “you” and “your” refer to the visitor to or user of our Website and, if the visitor or user is accessing or using the Website in his or her capacity as an employee or authorized representative of a company, then the terms “you” and “your” also refer to such company – and such company also agrees to be subject to these Terms of Use.
1. Acceptance of Modifications to Terms of Use
We reserve the right, at our discretion, to update, revise, add to, remove from, or otherwise modify these Terms of Use. Any modifications shall be effective immediately upon posting on the Website. Please check the Terms of Use periodically for modifications. Your use of this Website following the posting of any modifications to the Terms of Use constitutes your acceptance of those modifications. 2. Conditions and Restrictions on Use
In your access and use of the Website, you agree to comply with all procedures, rules, and policies established by us and all applicable federal, state, and local laws and regulations. You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable. You may not share your password or other account access information with any other person or entity, and you are responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify CMA of any unauthorized use of your account, profile, or passwords. This Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. No right, title, or interest in our Materials is conveyed to you. All Materials are provided by us as a general service to visitors to and users of this Website and may be used only for those informational, educational, and referential purposes for which they are provided and then only if you also retain all copyright and other proprietary notices contained on the Materials. This is a limited license, not a transfer of title, to our Materials, and such license and your use of the Website are subject to the following restrictions: (i) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this Website or any of its Materials without our prior written permission; (ii) you may not access or use the Materials or this Website in any manner that is competitive with us or in any manner that violates any applicable federal, state, or local laws or regulations; and (iii) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials or this Website is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property we make available in connection with this Website, including the Materials. You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Materials; or (ii) attempt to gain unauthorized access to any portion of this Website or the Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means. We may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. We may terminate your access to or use of this Website at any time, for any reason or no reason and without prior notice to you. In the event of a violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity. 3. Trademarks
We retain all rights regarding our trademarks, trade names, brand names, logos, and trade dress. These marks, names, logos, trade dress and associated images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, logos, or trade dress is granted to you under these Terms of Use or by your use of this Website. Your misuse of the trademarks, trade names, brand names, logos, and trade dress displayed on this Website is strictly prohibited. 4. Privacy Policy and Your Communications
Personal information collected by us through the Website is subject to the Website’s Privacy Policy. Except as may be expressly limited by one or more provisions at the Website, CMA may use any other information contained in any communication you provide to the Website for any purpose whatsoever. 5. Links to Third Party Sites
This Website may include links to other websites, which are not under our control. We are not responsible for (i) the content or information at any linked websites or any other linked websites accessible from such linked websites, (ii) any changes or updates to the content or information contained in linked websites, (iii) the privacy policies of any linked websites, or (iv) the security of any linked websites. We provide the linked websites to you only as a convenience, and the inclusion of any such links on the Website does not imply our endorsement of the linked websites, the organizations operating such websites, or any products or services of those organizations. Access to these linked websites is at your own risk. We have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content or the goods or services available on or through any such websites. 6. Linking to this Website
You may not frame or mirror any part of this Website. Any website that links to this Website shall not imply that we endorse such website or any products or services available through such website. 7. Disclaimers
THIS WEBSITE AND THE INFORMATION, MATERIALS, AND ANY CONTENT CONTAINED HEREIN AND ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, SUITABILITY, RELIABILITY, COMPLETENESS, TIMELINESS OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, MATERIALS, AND CONTENT THEREON, AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEM; (ii) ANY WARRANTY THAT THIS WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (iii) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFORMATIONAL CONTENT, NON-INTERFERENCE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, and, in such jurisdictions, the foregoing disclaimer may not apply to you. You acknowledge that the information and Materials at, or available from, the Website may contain inaccuracies or errors. We do not guarantee the accuracy, completeness, or currency of information at, or available through, this Website about statutes, proposed statutes, regulations, administrative materials, and any other requirements, rules, and laws. We do not render legal advice, and this Website and such information should not be used as substitutes for competent legal advice from a licensed attorney. All features, specifications, offerings, resources, and services described on this Website or in the Materials are subject to change at any time, without notice. From time to time, there may be information on this Website or in the Materials that contains typographical errors, inaccuracies, or omissions that may relate to descriptions or availability. We make no representations as to the completeness, accuracy, or currency of any information on, or available through, this Website or in the Materials. We reserve the right to make changes in information about description or availability without notice. The inclusion of any offerings, resources, or services on (or availability through) this Website, or in the Materials, does not imply or warrant that these offerings, resources, or services will be available at any particular time. 8. Limitations of Liability
YOUR USE OF THIS WEBSITE, AND/OR THE MATERIALS, IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF THE ENTITIES INVOLVED IN CREATING, PRODUCING, PROVIDING, OFFERING, OR DELIVERING THIS WEBSITE OR THE MATERIALS, ARE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS, OR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (i) THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (ii) THROUGH YOUR DOWNLOADING OF, OR USE OF, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE (OR ANY OTHER LINKED WEBSITE), INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 9. International Issues
We make no representations that the Materials contained within or available from this Website are appropriate for locations outside the United States. If you use this Website from locations outside the United States, you are responsible for compliance with any and all applicable local laws, including but not limited to all export and import regulations and laws. 10. Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of Ohio, USA, without regard to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to the Website, the Materials, or these Terms of Use shall be filed exclusively in the state or federal courts located in and for Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts. We administer the Website from facilities within the United States. If any term or provision of these Terms of Use is invalid or unenforceable, the remainder of these Terms of Use shall be unaffected and remain in full force and effect. 11. Changes to Website
CMA reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website and/or any of the services, offerings, resources, and/or features available on or through the Website (or any part thereof), with or without notice. You agree that CMA shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
We reserve the right, at our discretion, to update, revise, add to, remove from, or otherwise modify these Terms of Use. Any modifications shall be effective immediately upon posting on the Website. Please check the Terms of Use periodically for modifications. Your use of this Website following the posting of any modifications to the Terms of Use constitutes your acceptance of those modifications. 2. Conditions and Restrictions on Use
In your access and use of the Website, you agree to comply with all procedures, rules, and policies established by us and all applicable federal, state, and local laws and regulations. You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable. You may not share your password or other account access information with any other person or entity, and you are responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify CMA of any unauthorized use of your account, profile, or passwords. This Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. No right, title, or interest in our Materials is conveyed to you. All Materials are provided by us as a general service to visitors to and users of this Website and may be used only for those informational, educational, and referential purposes for which they are provided and then only if you also retain all copyright and other proprietary notices contained on the Materials. This is a limited license, not a transfer of title, to our Materials, and such license and your use of the Website are subject to the following restrictions: (i) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this Website or any of its Materials without our prior written permission; (ii) you may not access or use the Materials or this Website in any manner that is competitive with us or in any manner that violates any applicable federal, state, or local laws or regulations; and (iii) you may not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Materials or this Website is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property we make available in connection with this Website, including the Materials. You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Materials; or (ii) attempt to gain unauthorized access to any portion of this Website or the Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means. We may terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice. We may terminate your access to or use of this Website at any time, for any reason or no reason and without prior notice to you. In the event of a violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity. 3. Trademarks
We retain all rights regarding our trademarks, trade names, brand names, logos, and trade dress. These marks, names, logos, trade dress and associated images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, logos, or trade dress is granted to you under these Terms of Use or by your use of this Website. Your misuse of the trademarks, trade names, brand names, logos, and trade dress displayed on this Website is strictly prohibited. 4. Privacy Policy and Your Communications
Personal information collected by us through the Website is subject to the Website’s Privacy Policy. Except as may be expressly limited by one or more provisions at the Website, CMA may use any other information contained in any communication you provide to the Website for any purpose whatsoever. 5. Links to Third Party Sites
This Website may include links to other websites, which are not under our control. We are not responsible for (i) the content or information at any linked websites or any other linked websites accessible from such linked websites, (ii) any changes or updates to the content or information contained in linked websites, (iii) the privacy policies of any linked websites, or (iv) the security of any linked websites. We provide the linked websites to you only as a convenience, and the inclusion of any such links on the Website does not imply our endorsement of the linked websites, the organizations operating such websites, or any products or services of those organizations. Access to these linked websites is at your own risk. We have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content or the goods or services available on or through any such websites. 6. Linking to this Website
You may not frame or mirror any part of this Website. Any website that links to this Website shall not imply that we endorse such website or any products or services available through such website. 7. Disclaimers
THIS WEBSITE AND THE INFORMATION, MATERIALS, AND ANY CONTENT CONTAINED HEREIN AND ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, SUITABILITY, RELIABILITY, COMPLETENESS, TIMELINESS OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, MATERIALS, AND CONTENT THEREON, AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEM; (ii) ANY WARRANTY THAT THIS WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (iii) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFORMATIONAL CONTENT, NON-INTERFERENCE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, and, in such jurisdictions, the foregoing disclaimer may not apply to you. You acknowledge that the information and Materials at, or available from, the Website may contain inaccuracies or errors. We do not guarantee the accuracy, completeness, or currency of information at, or available through, this Website about statutes, proposed statutes, regulations, administrative materials, and any other requirements, rules, and laws. We do not render legal advice, and this Website and such information should not be used as substitutes for competent legal advice from a licensed attorney. All features, specifications, offerings, resources, and services described on this Website or in the Materials are subject to change at any time, without notice. From time to time, there may be information on this Website or in the Materials that contains typographical errors, inaccuracies, or omissions that may relate to descriptions or availability. We make no representations as to the completeness, accuracy, or currency of any information on, or available through, this Website or in the Materials. We reserve the right to make changes in information about description or availability without notice. The inclusion of any offerings, resources, or services on (or availability through) this Website, or in the Materials, does not imply or warrant that these offerings, resources, or services will be available at any particular time. 8. Limitations of Liability
YOUR USE OF THIS WEBSITE, AND/OR THE MATERIALS, IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF THE ENTITIES INVOLVED IN CREATING, PRODUCING, PROVIDING, OFFERING, OR DELIVERING THIS WEBSITE OR THE MATERIALS, ARE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS, OR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (i) THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (ii) THROUGH YOUR DOWNLOADING OF, OR USE OF, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE (OR ANY OTHER LINKED WEBSITE), INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 9. International Issues
We make no representations that the Materials contained within or available from this Website are appropriate for locations outside the United States. If you use this Website from locations outside the United States, you are responsible for compliance with any and all applicable local laws, including but not limited to all export and import regulations and laws. 10. Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of Ohio, USA, without regard to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to the Website, the Materials, or these Terms of Use shall be filed exclusively in the state or federal courts located in and for Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts. We administer the Website from facilities within the United States. If any term or provision of these Terms of Use is invalid or unenforceable, the remainder of these Terms of Use shall be unaffected and remain in full force and effect. 11. Changes to Website
CMA reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website and/or any of the services, offerings, resources, and/or features available on or through the Website (or any part thereof), with or without notice. You agree that CMA shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
