Web Site Usage Policies
The International Post-Dogmatist Group's Ontological Museum web site and its affiliated web sites such as collagemuseum.com, fluxmuseum.org, exquisites.org, kurtschwitters.org, andrebreton.org, fluxshop.com, collagesociety.ning.com, etc. collectively call the "Site" is provided to you under these terms and conditions ("Terms and Conditions" or "Policies"). The Ontological Museum may at any time revise these policies by updating this document. By accessing, browsing or using the Site, you accept and agree to, without limitation or qualification, these policies. You are encouraged to visit this page from time to time to review the current policies.
The text, images, and data in general, and any other content on the Site ("materials") are protected by copyright and may be covered by other restrictions as well. The Ontological Museum, and third parties whose work may be included on this site own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, the materials on the Site. The Site, and the materials contained herein, may be used only as set forth in these policies or by obtaining explicit written permission from The Ontological Museum and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws many of which only a few qualified lawyers are aware of. The Ontological Museum expressly reserves all rights and remedies available under said law, regulations and statutes.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Site for public or commercial purposes, or for personal gain, without the express prior written permission of The Ontological Museum. To learn more about how to request permission to use the contents on the Site, please see the section on "Obtaining Permission" below.
You may use this Site for limited non-commercial, educational, and personal use only, or for "fair use" as authorized in the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. The Ontological Museum neither warrants nor represents that your use of any materials displayed on the Site will not infringe its rights or the rights of third parties not owned by or affiliated with The Ontological Museum. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Anyone wishing to use the materials from this Site for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of The Ontological Museum or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For works of art from The Art Institute’s collection reproduced on this Site, contact the Image Rights Department at email@example.com. For works of art from other museums or collections reproduced on this Site, contact the organization credited in the work’s caption directly.
The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site, including "The Ontological Museum" and variations thereof, are registered and unregistered Trademarks of The Ontological Museum. The Trademarks of third parties may also be displayed on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of The Ontological Museum or the third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.
DISCLAIMER OF WARRANTIES
The Ontological Museum assumes no liability for any errors or omissions in the content of the Site. The Ontological Museum is engaged in an on-going process of updating and revising the materials on this Site. The Ontological Museum further reserves the right to withdraw any image, text, or data from the Site at its sole discretion at any time. The Ontological Museum assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that the Site is unavailable, either on a temporary or permanent basis, The Ontological Museum assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of the Site.
All materials on the Site are provided "AS IS" and "AS
AVAILABLE" 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, COPYRIGHT SUBSISTENCE, COPYRIGHT
OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY
RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR WILL CORRECTED.
LIMITATION OF LIABILITY
The Ontological Museum, ITS AFFILIATES, DIRECTORS, OFFICERS, CURATORS, WRITERS, CONTRIBUTORS, VOLUNTEERS AND EMPLOYEES SHOULD WE EVER HAVE ANY, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIRD PARTY SITES
The Ontological Museum has not reviewed all of the sites linked to the Site or its alliliate web sites or email groups, blogs, etc. and has no control over and is not responsible for the content or privacy policies of any off-site pages or other sites linked to the Site. Any websites linked to or from the Site (regardless of whether they are affiliate with The Ontological Museum) are for your convenience only, and you access them at your own risk. Any information that you may provide to such third party sites are at your own risk.
POSTINGS ON THE SITE
From time to time, you may have an opportunity to post information, images or other materials to the Site. You agree that you will comply with all requirements and procedures for posting on the Site, including any applicable web policies that the The Ontological Museum may provide. The Ontological Museum does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on the Site or its alliliate web sites or email groups, blogs, etc. are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. The Ontological Museum shall have the right, but not the obligation, to remove, refuse or delete any content for any reason whatsoever.
The Ontological Museum is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, blogs, email groups, or other similar materials on or affiliated to the Site and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on the Site.
Any communications or material you transmit to the Site and/or to The Ontological Museum domain or its alliliate web sites or email groups, blogs, etc. by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions will be treated as nonconfidential and non-proprietary. Anything that you transmit or post may be used by The Ontological Museum or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, The Ontological Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site and/or to The Ontological Museum's domain or its alliliate web sites or email groups, blogs, etc. for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing such products using such information. You also acknowledge and agree that The Ontological Museum will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.
For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2), The Ontological Museum has designated an agent for notification of claimed infringement as follows: The Ontological Museum, Attn: Cecil Touchon, 6955 Pinon Street, Fort Worth, Texas, 76166. The Ontological Museum provides the above contract information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to this purpose.
SEVERANCE AND WAIVER
You acknowledge and agree that if any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The Ontological Museum's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by The Ontological Museum.
CHOICES OF LAW AND JURISDICTION
The Terms and Conditions are governed by the laws of the State of Texas without regard to its conflict of laws rules. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Missouri.
The policies here written constitute the entire agreement between The Ontological Museum and you and govern your use of the Site, and you agree and acknowledge that any other agreements between you and The Ontological Museum are superceded and of no force or effect.
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