These terms and conditions (“Terms”) govern (i) the Dallas Museum of Art's websites.
1. The text, images, media clips, and data on the Dallas Museum of Art ("Museum") websites and all content and services made available via the Internet as part of the Friends program or otherwise ("Sites") are governed by these Terms. If you do not agree with these Terms, you may not use the Sites and you may not participate in the Friends program or any other offering made available by the Museum using the Internet.
2. The Museum reserves and retains all of its rights, including copyright, in data, images, software, documentation, text, and other information on the Sites (collectively, "Materials"). Copyright and other proprietary rights in the Materials may be held by individuals or entities other than, or in addition to, the Museum.
3. The Museum is committed to protecting the intellectual property rights of visual, sound, literary, and performing artists as well as others who hold copyright. The Museum expressly prohibits the copying or redistribution of any Materials, except when permitted for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Any downloading or other copying of files may also be subject to additional terms or restrictions that are applicable to the individual file or program. When permitted, use of copied files must be accompanied by citation of the author and source of the Materials as they would material from any printed work. The Museum does not warrant that any otherwise permissible download or other copy or redistribution of the Materials displayed on the Sites will not infringe the rights of third parties not affiliated with the Museum. Such Materials should not be downloaded or redistributed without prior permission from the holders of the underlying copyright or other rights.
Copying or redistribution of any Materials in any manner for commercial use, including commercial publication, or for personal financial gain is strictly prohibited.
Requests for reproduction-quality images may be sent to:
Intellectual Property Administrator
Dallas Museum of Art
1717 N Harwood Street
Dallas, TX 75201
4. Consistent with the Museum’s commitment to the protection of intellectual property rights, in connection with any content or material posted by users of or visitors to the Sites (“User Materials”), the Museum complies with the protections and notice and take down provisions of the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any User Material infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Museum to locate the material;
- Information reasonably sufficient to permit the Museum to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to the Museum's designated copyright agent to receive notifications of claimed infringement,
Intellectual Property Administrator
Dallas Museum of Art
1717 N Harwood Street
Dallas, TX 75201
5. You hereby grant the Museum a perpetual, royalty-free license to use, display, publish, disseminate, or otherwise exploit any User Material you submit in connection with the Sites. You warrant that you have all necessary permissions and rights, including copyrights, trademark rights, and publicity rights, in any such User Material, and that such User Material shall be free from any malware, viruses, or other intrusive or potentially harmful code. You agree to indemnify, defend, and hold the Museum, and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against any claims, costs (including reasonable attorneys’ fees), expenses, fees, liabilities, or other loss arising from or relating to User Material submitted by you or submitted using any userid, membership card, PIN, or other authentication credentials assigned to or selected by you.
6. Many of the trademarks, service marks, and logos displayed on the Sites (collectively, "Trademarks") are registered or common law trademarks or service marks of the Museum. The trademarks or service marks of third parties may also be displayed on the Sites. Nothing contained in the Sites or these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the advance written permission of the Museum or any third party that may own or license the Trademarks displayed on the Site. Any unauthorized use of the Trademarks is strictly prohibited.
7. Without limiting the foregoing, the Sites and all Materials and User Materials 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 USE, AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any incremental costs, damages, or interruption to, or viruses that may infect, your computer equipment or service, mobile devices or service, or other property or systems on account of your use of the Sites including any Materials or User Materials. You agree to indemnify, defend, and hold the Museum, and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against any claims, costs (including reasonable attorneys’ fees), expenses, fees, liabilities, or other loss arising from or relating to your use of the Sites or use of the Sites by any other person using any userid, membership card, PIN, or other authentication credentials assigned to or selected by you. Notwithstanding the foregoing, please remember that access to or use of the Sites by any third person using your authentication credentials is unauthorized and strictly prohibited.
8. Any links to third-party websites provided on the Sites are for convenience purposes only. The Museum has not reviewed and does not endorse any such third-party websites, and the Museum is not responsible for the content of such websites or the handling of personal or other information by such websites.
9. DMA Friends. In addition to the other terms set forth herein, the following terms and conditions apply to participation in the Friends program:
a. DMA Friends is a free program that allows you to discover new and fun activities at the Museum. The Museum has created recognition markers, called badges, that are awarded to participating Friends. Typically, you earn credit towards badges by entering activity codes, which may be provided at various locations, in the Museum or elsewhere, and/or may be distributed by DMA staff. Earning badges unlocks special rewards and recognition (“Rewards”) like free tickets, behind-the-scenes tours, discounts on shopping and dining, and access to exclusive experiences at the Museum. Children under the age of 13 may not participate in the Friends program, but the Museum is exploring opportunities for increased involvement of children with the Museum, and we will be sure to inform you when those opportunities become available.
b. You must provide your name and an e-mail address or mobile phone number to establish a Friends program account. If you’re already a DMA Partner, you may use your Partner card to log in and we will link your accounts together. Your e-mail address or mobile phone number may be used to access your Friend account. You will also receive a membership card, and you will select or be provided with a Personal Identification Number (PIN) that is used for security and verification purposes. Your membership card and PIN code are private, and it is your responsibility to keep them secure. The Museum will not be responsible for any unauthorized use of your Friends account using your membership card or PIN, so please report any loss or compromise of your membership card or PIN to the Museum right away.
c. You can use text messaging to check in when you visit the Museum, register your participation in activities at the Museum, and check on your account status. If you indicate your permission on the Friends website or at any Friends kiosk, we may communicate with you regarding the Friends program until or unless you opt out of receiving such messages. Each mobile phone number must be associated with only one Friends account. Also, if you send the Museum a text message, you understand and agree that we may send a response to you by text message. Only the mobile phone number linked to your Friends account can be used to check-in, enter activity codes, or otherwise participate in the Friends program. In all cases, your mobile carrier may assess charges for text messages that you send or receive, and all such charges are your responsibility.
d. If you do not choose one of the images offered by the Museum, you may upload an image of yourself for use in connection with your Friends profile, and you grant the Museum a perpetual, royalty-free license to use and publish that image for viewing by you and others in connection with the Friends program. Images that include other people and images to which the copyright is held by another person are prohibited. The Museum reserves the right to decline to post or to remove any submitted image that the Museum believes may be offensive. Any and all uploaded images and other material constitute User Materials and are governed by the applicable terms set forth herein.
e. Rewards are subject to availability and shall have no cash value. The Museum reserves the right to modify the list of Rewards available for redemption, as well as the requirements to earn any Rewards, at any time and for any reason in the Museum’s sole and absolute discretion, even though such modification may affect your ability to use accumulated credit for participation in the Friends program. The Museum reserves the right, in its sole and absolute discretion, to modify or terminate the Friends program. Upon termination of the program, you will have thirty (30) days from the program termination date to redeem credits, but will not be able to earn additional credit during that thirty (30) day period. Thereafter, any accrued activity credit and any earned badges will have no value of any kind and will be forfeited without compensation, and no Rewards may be redeemed.
f. To redeem Rewards, review the Rewards listed on the Friends website or available using one of the Friends kiosks in the Museum. Friends may select any Reward still available for sufficient credit has been accumulated. All Reward redemptions are final and are subject to any applicable, posted date and/or age restrictions. When you redeem a Reward, you will receive a voucher or confirmation e-mail message with instructions explaining how to claim your Reward. E-mail messages will be sent to the e-mail address in your Friends profile. You are responsible for ensuring that your Friends profile is accurate and current. Any applicable duties or taxes associated with or arising from any Reward are not included and are your responsibility.
g. As a condition of receiving any Reward, you acknowledge and agree that, if a Reward includes any goods or services provided by a third party, the Museum shall have no responsibility and disclaims all express or implied warranties associated with such goods or services to the fullest extent permissible by law. Any third-party goods and services including as part of a Reward shall be subject to the applicable terms, conditions, and warranty, if any, of the third party.
h. The Museum may use a social media tool in connection with the Friends program in order to review and access Museum-related social media content. We only review publicly-available content or content as to which we or our service provider have a license. If you choose to provide any social media usernames or “handles” in connection with your Friends account, you represent that such usernames or “handles” are yours. If we wish to re-publish any social media content associated with a social media username or “handle” provided by you, we will first contact you for permission.
10. The Museum may revise these Terms by updating this posting. Although the Museum may post a notice of any such revisions, the currently-posted version of these Terms will govern use of the Sites on a prospective basis. Notwithstanding the foregoing, if you have electronically signed these Terms by clicking “I agree” or otherwise, the version you electronically signed shall continue to apply to the aspects of the Sites with respect to which your signature was originally obtained, but you may be required to electronically sign updated Terms as a condition to continued use of those aspects of the Sites.