Terms of Access and Use

The following are terms of a legal agreement (“Agreement”) between you and SOMArts. By accessing, browsing and/or otherwise using this web site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms of access and use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with SOMArts for services or otherwise, unless otherwise directed by SOMArts. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.

USE RESTRICTIONS

Copyright. All Site materials, including, without limitation, pictures, software, documentation, electronic text and image files, audio and video clips, data, graphics and other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by copyright and may be covered by other restrictions as well. SOMArts retains all proprietary rights, including copyright, in the Materials and the Site. Copyright and other proprietary rights may also subsist in individuals or entities other than, or in addition to, SOMArts.

SOMArts expressly prohibits the displaying, copying, distribution or downloading of any protected Materials on this Site, except for the purposes of fair use as defined in the copyright laws. 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 protected Material from the Site for fair use uses may do so without SOMArts’ express permission; provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You must cite the author and source of the Material as you would material from any printed work; the citation should include the URL “http://www.somarts.org”.

By downloading, printing, or otherwise using protected Materials from this Site, you agree that you will limit your use of such Materials to fair use, and will not violate SOMArts’ or any other party’s proprietary rights. You may not distribute, copy, reproduce, display, republish, download, or transmit any Materials on this Site for commercial use or personal gain without prior written approval of SOMArts. You may not “mirror” any Materials contained on this Site on any other server without prior written permission from SOMArts. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

SOMArts does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with SOMArts. For example, some Materials may be under copyright by the artist or the artist’s heirs holding rights to these Materials. Such Materials may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.

Unauthorized publication or exploitation of SOMArts’ Materials is specifically prohibited. Anyone wishing to use any of these Materials for commercial use, personal gain, publication, or any purpose other than fair use as defined by law, must request and receive prior approval. Permission for such use is granted on a case-by-case basis at the sole discretion of SOMArts. A usage fee may be charged depending on the nature of the proposed use. For works of art from SOMArts’ exhibitions reproduced on this Site, in their entirety or as details, contact gallery@somarts.org. For works of art from events produced by other institutions reproduced on this Site, if any, contact the institution credited in the work’s caption directly. For all other images on the Site, and for any text excerpts, contact SOMArts by email: info@somarts.org.

SOMArts reserves the right to deny permission to reproduce images from its exhibitions, activities or grounds. No image on this Web site may be reproduced without the expressed written permission from info@somarts.org.

Trademarks. Many trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are the Trademarks of SOMArts. The Trademarks of third parties may also be displayed on this Site. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of SOMArts and may not be copied, imitated or used, in whole or in part, without the prior written permission of the SOMArts. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of SOMArts or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of SOMArts or the Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray SOMArts or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any SOMArts trademark, logo or trade name or other proprietary information including the Materials found at the Site, the content of any text or the layout/design of any page or any form contained on a page without SOMArts’ express written consent.

Links to third party sites on this Site, if any, are provided solely as a convenience to you. If you use these links, you will leave this Site. SOMArts has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. SOMArts does not endorse or make any representations about third party sites or any information, software or other products or Materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that SOMArts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

Limited Access. Except as otherwise expressly permitted by SOMArts, any access or attempt to access other areas of the SOMArts computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the Materials contained therein without SOMARts’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the SOMArts infrastructure.

Additional Use Restrictions. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by SOMArts (the “Services”) which, in the sole judgment of SOMArts: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. You shall be responsible for determining what laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in SOMARts’ sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact SOMArts at info@somarts.org. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

a. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a SOMArts official, employee, volunteer or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

e. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

f. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

g. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Services that are designated for such purpose;

h. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. “stalk” or otherwise harass another;

m. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and

n. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

DISCLAIMER WARRANTY

This Site, including all functions, Materials, Services and information, is provided “as is” without warranties of any kind, either express or implied. SOMArts disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, title, data accuracy, system integration, and informational content. SOMArts does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the Materials and Services on this Site or any other sites linked to this Site. The Materials of this Site may be out of date, and SOMArts makes no commitment to update the Materials at this Site. SOMArts does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. SOMArts does not warrant that this Site, software, Materials, products, or Services will be uninterrupted or error-free or that any defects in this Site, software, Materials, products, or Services will be corrected.

SOMArts 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 use of the Site or your downloading of any Materials from the Site.

LIMITATION OF LIABILITY

In no event will SOMArts, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, services, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations. Use of the Materials by the government constitutes acknowledgment of SOMArts’ or other owner’s proprietary rights in them.

REVISIONS TO THIS AGREEMENT

SOMArts may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by SOMArts or its affiliates for any purpose whatsoever. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

APPLICABLE LAWS & MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SOMArts’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SOMArts in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by SOMArts. This Agreement may not be assigned in any manner by you without the express, prior written permission of SOMArts. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the City and County of San Francisco for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the City and County of San Francisco, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the City and County courts represent the exclusive jurisdiction for all disputes relating to this Agreement.