Oakland Museum of California (“OMCA”) has created and maintains museumca.org and other websites, including OMCA’s Collections Online (collections.museumca.org/) and the Dorothea Lange Digital Archive (dorothealange.museumca.org/) (collectively, the “Site”) in support of its mission to provide education, information, communication and personal enjoyment to the public. Access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of these terms.
TERMS AND CONDITIONS
Conditions of Use: Access to and use of OMCA’s Content (as defined below) on this Site are subject to the following Terms and Conditions:
1. The text, images, and data, including without limitation audio and video clips, software, documentation, and other information contained in the files on this Site (collectively, the “Content”) are either (1) images of works from OMCA’s collections that OMCA believes are in the public domain, some of which are made available without restriction (these images are marked “Public Domain High Resolution Image Available” as described below); or (2) protected by copyright (the “Protected Content”). Such Content, whether or not in the public domain, may be subject to other restrictions as well, including rights of privacy and publicity, under applicable law.
a. “Public Domain High Resolution Image Available”: The Content on the Site marked “Public Domain High Resolution Image Available” consists of images of works from OMCA’s permanent collections that are currently available in “high resolution” format and that OMCA believes are in the public domain. OMCA is providing high resolution images of these works free of charge and for use without restriction. The Public Domain High Resolution Image Available mark indicates that OMCA is unaware of any current copyright restrictions on the Content so designated, either because (i) the term of copyright has expired, (ii) no evidence has been found that copyright restrictions apply, or (iii) OMCA owns copyright but would like to share this Content with the public without exercising control as part of our mission to engage and educate our communities. OMCA does not warrant that the sharing or other use of this Content will not infringe upon the rights of third parties holding rights to these works, including rights other than copyright, such as rights of privacy and publicity. It is your responsibility to determine and satisfy copyright and other use restrictions before downloading, copying, transmitting, publishing or making any other use of these items. If you have any knowledge about rights holders of any of these works, please contact OMCA’s Rights and Reproductions Department at [email protected]. Users should cite the author/artist and source of the Public Domain High Resolution images as they would material from any printed or other work, and citation should include the URL www.museumca.org in addition to all other proprietary notices, if any, provided with the Public Domain High Resolution images.
b. Protected Content: OMCA and relevant third parties retain all rights, including copyright, in the Protected Content. Users may download and use the Protected Content subject to these Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Protected Content are retained. For certain images within the Protected Content on this Site, OMCA has been unable to determine the copyright holder, and would appreciate receiving any information about copyright ownership for appropriate acknowledgement. Please forward such information to OMCA’s Rights and Reproductions Department at [email protected].
ii. OMCA expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Protected Content.
2. While OMCA uses reasonable efforts to include accurate and up-to-date information in this Site, OMCA makes no representations or warranties as to its accuracy. OMCA assumes no liability or responsibility for any errors or omissions in the content of the Site. Use of and browsing in the Site are at your risk. Neither OMCA nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, ALL CONTENT ON THE SITE IS 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 PURPOSE, AND/OR NON-INFRINGEMENT. OMCA 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 access to, use of, browsing in, or downloading of any Content from the Site.
3. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any images, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by OMCA or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and the like. OMCA is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
Any party wishing to use any of the Protected Content from the Site, including images of works that may be in the public domain but for which high resolution images are not currently available on the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from [email protected]
A fee may be charged depending on (1) the nature and type of the proposed use and (2) the availability of photography of the images requested. OMCA reserves the right not to grant permission to use its Content, and does not grant permission to use Content of third parties.
The trademarks, online logomarks and service marks (“the Trademarks”) displayed on the Site, including OAKLAND MUSEUM OF CALIFORNIA and OMCA are registered and/or unregistered Trademarks of OMCA. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of OMCA or any third party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
The Site may contain links to third party sites. OMCA has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. OMCA provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.
CONTENT PROVIDED BY USERS
Although OMCA may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, OMCA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. OMCA will fully cooperate with any law enforcement authorities or court order requesting or directing OMCA to disclose the identity of anyone posting any such information or materials.
DIGITAL MILLENNIUM COPYRIGHT ACT
For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2), OMCA has designated an agent for notification of claimed infringement as follows: [insert contact information]. OMCA provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
APPLICABLE LAW AND JURISDICTION
The Site (excluding links to Web Sites operated by others) is controlled and operated by OMCA from its offices in Oakland, California. Although OMCA has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and OMCA both benefit from establishing a predictable legal environment in which to publish, access and use OMCA’s website, by publishing, accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Oakland, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Oakland, California, you will be responsible for compliance with all local laws of such other locations.
You agree to indemnify, defend, and hold OMCA and its directors, officers, and employees, and the City of Oakland, its councilmembers, employees, agents, and assigns harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Site or any of its Content.
Any waiver of any provision of these Terms and Conditions must be in writing and signed by a duly authorized officer of OMCA.
OMCA may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.
updated: Feb. 10, 2022