It is our pleasure to welcome you to ArtBabble.org, a place to find videos about art. In order for all of our users to enjoy ArtBabble, it is important to follow the terms and conditions described in these Terms of Use. It is our goal to provide you with an innovative experience with video art content. If you have any questions or comments about these Terms of Use, please contact us at [email protected]

THESE TERMS OF USE GOVERN YOUR USE OF THE ARTBABBLE.ORG WEBSITE (THE “WEBSITE”) OPERATED BY THE INDIANAPOLIS MUSEUM OF ART (“IMA”). THESE TERMS OF USE ALSO INCLUDE THE IMA’S PRIVACY POLICY. PLEASE READ THE TERMS OF USE (INCLUDING THE PRIVACY POLICY) CAREFULLY BEFORE USING THIS WEBSITE.

ACCEPTANCE OF TERMS

By accessing the Website, you accept and agree to all conditions imposed in these Terms of Use.

The IMA reserves the right to modify these Terms of Use at any time. Any change in these Terms of Use is effective immediately upon posting on the Website. You should periodically check these Terms of Use for changes. Any use of the Website after changes have been made shall be deemed acceptance of those changed Terms of Use.

The IMA has the exclusive right to control the accessibility, hours of use, content and features of the Website. The IMA can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. The IMA reserves the right to monitor use of the Website.

You are solely responsible for providing the equipment related to accessing the Website, including all computer equipment, remote communications equipment, telephone or other equipment.

PRIVACY

You should review the Privacy Policy for this site, which is incorporated by reference into these Terms of Use.

YOUR LICENSE TO USE THE CONTENT

All of the content on the Website is the copyrighted property of the IMA or the IMA’s third party content providers (the “Partners”). Some videos have been made available on the Website under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license, as designated on the Website. Some videos provided by the IMA’s Partners may be governed by the Partner’s license terms, which can be accessed by following the link next to the video. The download or embed features of these videos may be disabled. Except where provided otherwise on the Website, you may view and download (including embedding on your website), for personal, non-commercial, non-public use only, the video files that are posted on the Website. Unless it is expressly permitted on the Website, you may not copy, reproduce, modify, publish, upload, post, transmit, “frame” on another site, sell, broadcast/podcast, or distribute any content on the Website in any way. You must retain all copyright and other proprietary notices on any authorized reproductions of any material downloaded from the Website. Any third party trademarks and content appearing on the Website are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owner.

PROHIBITED CONDUCT

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Gain access to any Website content by bypassing or hacking through any requirement to submit a login or user ID.
  • Use any device or other means to harvest information about other users of the Website.
  • Transmit, install, upload or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website.
  • Post any material on the Website that is offensive to any other user. The IMA maintains the exclusive right to determine what is offensive.
  • Post or store on the Website any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
  • Modify the information, including headers, found on the Website.
  • Transmit, install, upload or otherwise transfer to the Website any unauthorized advertisement or communication.
  • Modify, enhance, or otherwise alter in any way any portion of the ArtBabble video player or its underlying technology
  • Engage in any action which the IMA determines is detrimental to the use and enjoyment of the Website.
  • Use the Website for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

DISCLAIMER AND LIMITATION OF LIABILITY

Although the IMA has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions

therein. YOUR ACCESS OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE IMA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF THE IMA, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE IMA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL THE IMA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL THE IMA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

THIRD PARTY CONTENT

The IMA is not the publisher or speaker of any information on the Website that is provided by third party content providers or by you, and the IMA is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the IMA. The IMA assumes no responsibility for those products or services.

THE IMA MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY A THIRD PARTY CONTENT PROVIDER TO YOU VIA THIS WEBSITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, THE IMA DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and otherwise hold harmless the IMA and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to your use of the Website.

SECURITY

You are prohibited from violating or attempting to violate the security of the Website. The IMA will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

TERMINATION OF TERMS OF USE

The IMA may terminate these Terms of Use at its discretion. In addition to the IMA’s other rights, the IMA may terminate your access to this site or cancel membership to any service that the IMA provides on the Website, if you breach the Terms of Use in any way or engage in conduct that the IMA deems inappropriate. In the event of termination of the Terms of Use, the provisions in this paragraph and the provisions found under the captions “Your License to Use the Content,” “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security” and “Miscellaneous” shall survive.

COPYRIGHT INFRINGEMENT NOTIFICATION

To provide the IMA notification of a claim of copyright infringement on this Website, please provide the IMA with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 IMA to identify the material;
  • Information that is reasonably sufficient to permit the IMA to contact the complaining party, such as address, telephone number and, if available, e-mail address;
  • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law and not subject to the laws of fair use; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be submitted to:

Daniel Beyer

Senior Media Producer

Indianapolis Museum of Art

4000 Michigan Road

Indianapolis, IN 46208

Fax: 317-931-1978

Telephone: 317-923-1331

Email: [email protected]

MISCELLANEOUS

These Terms of Use constitute the entire agreement between the IMA and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between the IMA and you dealing with the subject matter hereof is superseded. If any portion of these Terms of Use is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms of Use, the IMA may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. The IMA’s remedies are cumulative and not exclusive. Failure of the IMA to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. The IMA makes no representation that the content of the Website is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and you consent to the exclusive jurisdiction and venue in such courts for such purpose.