Welcome to the San Jose Museum of Art (SJMA) website. Please take a moment to review these terms and conditions, as your access to and use of this website is subject to these terms and conditions and applicable laws. BY ACCESSING AND BROWSING THIS WEBSITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. We may periodically make changes to these terms and conditions that we will include on this page. Your continued use of this website constitutes your agreement to these terms, as amended.

The terms “you,” “your,” and “yours” refer to the individual utilizing our website. The terms “we,” “us,” and “our” refer to SJMA.

All Materials published by SJMA within the SJMA website, and any other website of SJMA, are made available for non-commercial, educational and/or personal use only. Copying or redistribution in any manner for commercial use, commercial publication, or exploitation, is strictly prohibited, regardless of format or digital articulation.

By using this website, you hereby acknowledge and agree that, subject to valid third-party rights, SJMA retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, audio, video and all other content contained in this website (collectively “Materials”). SJMA expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any Materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described in the Frequently Asked Questions below.

All parties obtaining and/or using the Materials represent and warrant to SJMA that the displaying, copying and any other use of Materials will not violate any other party's proprietary rights.

The trademarks, trade names, logos and service marks ("Trademarks") displayed on this website, including "SJMA," are Trademarks of SJMA or their respective third party owners. Nothing contained in this website grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the website without written permission of SJMA or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

This website may contain links to third party websites. SJMA is not responsible for any content of any linked website. SJMA provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked website.

SJMA cares about protecting your privacy. All information gathered from you in connection with your use of this website will be governed by the provisions of the SJMA Privacy Policy, which can be found here.

SJMA assumes no responsibility or liability arising from the content on this website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website. SJMA has no obligation to monitor the website. You 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. SJMA will fully cooperate with any law enforcement authorities or court order requesting or directing SJMA to disclose the identity of anyone posting any such information or materials.

This website is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, SJMA disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and implied warranties arising from course of dealing or course of performance. SJMA does not warrant, or make any representations that: (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessible through the website is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

You expressly understand that in no event will SJMA or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; even if SJMA or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

These terms and conditions are governed by the laws of the State of California. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in the County of Santa Clara, California.

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supercedes all prior and contemporaneous communications and agreements, written or oral, regarding this website. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by SJMA to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of SJMA. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of SJMA and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.

CONTACT

For questions, inquiries, or correspondence, please contact:

Q: May I print some of these out for my report, or use them in my classroom?
A: Yes, assuming this is a non-commercial academic work, and you have no intention of publishing it. The electronic source of the text and images should be cited as would any printed work; the citation should include the URL from which it is obtained. This type of educational work is encouraged; all other uses are specifically prohibited without prior permission.
Q: May I use these images or text unaltered on a file server in my school or museum?
A: Yes, if there is no charge for the user and if electronic distribution is of limited term to your school or museum only. The images must remain unaltered. All accompanying text information in the associated HTML file and this Terms of Use file must be included, and must be presented completely and unchanged.
Q: May I put these on a CD-ROM, public domain or otherwise?
A: No.
Q: How do I obtain permission to use the Materials in a publication, commercially, on a CD-ROM, etc.?
A: Anyone who wishes to use any of the Materials for commercial use, publication, or for any purpose other than personal fair use, must first request and receive prior written permission from SJMA. At a minimum, please include a project description, and your name, home address, telephone number, facsimile number and/or e-mail address. Permission for such use is granted on a case-by-case basis in SJMA's sole discretion, and may be limited by or subject to the intellectual property rights of a third party. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and SJMA will have no responsibility in connection with securing such necessary rights for any Materials on the website. A usage fee may be required depending on the type and nature of the proposed use. Contact kaela@sjmusart.org.

CLICK HERE to download SJMA's Rights and Reproduction Request Form.