terms of use
summary
Philbrook Art & Gardens (“Philbrook”) has created and maintains www.philbrook.org in order to provide information about Philbrook, including exhibition, collection, event and visitor information. By accessing and using our website, you acknowledge and accept the following Terms of Use. Philbrook may revise these Terms of Use at any time and without notice, and therefore, it is your responsibility to be in compliance with our current Terms of Use. If you do not agree to these Terms of Use, do not use our website.
copyright
The contents of our website, including all images, text, video and audio (hereafter referred to as “materials”) are owned by Philbrook or used by Philbrook in accordance with copyright laws and with the appropriate third party’s permission. Except as may be otherwise indicated in specific documents within our website, you are authorized to view, play, print, forward and download any documents or materials found on our website for personal, noncommercial or educational purposes only. Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending or storage in any retrieval system of the materials is prohibited without the prior written consent of Philbrook. Removal of any digital watermark, proprietary notices or accompanying text that may be included on or with any materials is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website and materials.
Copyright, certain moral rights and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on our website, may be held by individuals and/or entities other than Philbrook. This includes reproductions of works of art licensed to Philbrook by third parties, such as an artist or an artist’s estate holding rights to these works.
You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on our website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on our website.
rights & Reproductions
You may request materials for educational presentations, professional research, print and electronic publications, and media projects. All requests for materials MUST be made in writing. Permission for such use is granted at the sole discretion of Philbrook. Please contact us for information concerning permissions. Certain fees may apply.
trademark
All trademarks, service marks and trade names of Philbrook used herein are trademarks or registered trademarks of Philbrook or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Philbrook trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Philbrook’s prior written consent. The use of Philbrook’s trademarks on any other website or network computer environment is not allowed. You may not use the Philbrook’s trademarks as a hyperlink (whether an image or text trademark) on or to any other website unless establishment of such a hyperlink is approved in advance.
You shall not use Philbrook’s name or any language, pictures or symbols which could, in Philbrook’s sole judgment, imply Philbrook’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without Philbrook’s prior written consent.
inappropriate material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of our website is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from our website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
fees
For all charges for any products and services sold through our website, we will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Philbrook for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
access & Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on our website; or (iii) bypass any measures we may use to prevent or restrict access to our website.
force majeure
Neither Philbrook nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Privacy
Your use of our website and materials is subject to our Privacy Policy.
disclaimer
Your use of and browsing of our website are at your own risk.
EVERYTHING ON OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PHILBROOK MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON OUR WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. PHILBROOK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHILBROOK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN OR ON OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT PHILBROOK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
indemnification
You agree to defend, indemnify and hold Philbrook and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of our website or the Internet or the placement or transmission of any message or information on our website by you or your authorized users.
limitation of liability
PHILBROOK DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING OUR WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM OUR WEBSITE. IN NO EVENT SHALL PHILBROOK BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OUR WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PHILBROOK OR A PHILBROOK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PHILBROOK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR FOR THE PURCHASE OF YOUR ITEM(S).
links
Philbrook’s website may contain links to websites operated by parties other than Philbrook. Such links are provided for your reference only. Philbrook does not control such websites and is not responsible for their contents. Philbrook’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
termination
You or we may suspend your use of our website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
suggestions
All suggestions received through our website become the sole property of Philbrook. Should a suggestion be implemented, Philbrook is under no obligation to provide compensation.
waivers
This website is created and controlled by Philbrook in the State of Oklahoma. These Terms of Use are governed by the laws of the State of Oklahoma, without regard to its conflict of laws principles. By using our website, you hereby consent to the exclusive jurisdiction and venue of courts in Tulsa County, Oklahoma in all disputes arising out of or relating to the use of our website.
digital millennium copyright act ("DMCA") Notice
In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. If you believe any material available through our website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is
marketing@philbrook.org.Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on our website that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number and email address; and
- Your physical or electronic signature.
General
These terms and conditions are the entire agreement between the user and Philbrook and supersedes any prior understandings or agreements (written or oral). If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
contact information
For questions regarding our Terms of Use, please use the contact information specified on our website.
