Privacy Statement

MCASD Web Site Terms of Use

As part of its mission, the Museum of Contemporary Art San Diego seeks to engage a broad audience with the art of our time. To that end, MCASD has created and maintains this Web site in support of its mission.

Access to and use of this Web site and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. MCASD may at any time revise these terms and conditions. You are solely responsible for complying with the then-current terms and conditions.

Copyright

MCASD is committed to protecting the copyrights and other intellectual property rights of creative artists and others. MCASD has taken all reasonable steps to ensure that all reproductions on this Web site are produced according to applicable laws. Copyrights and other proprietary rights in the materials on this site may subsist in individuals and entities other than MCASD. You hereby acknowledge and agree that, subject to valid third-party rights, MCASD 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, and all other content contained in this Web site (collectively “Materials”). MCASD 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 Web site, except for the purposes of fair use as defined in the copyright laws, and as described below.

General Use

With the exception of fair use as described below, unauthorized reproduction, distribution, and exploitation of the Materials is not permitted. Anyone wishing to use any of the Materials for any purpose other than fair use as set forth below must request and receive prior written permission from MCASD. MCASD reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of MCASD. A usage fee may be involved depending on the type and nature of the proposed use. Photographic and digital images of MCASD objects may be available through MCASD’s Registrar, whose contact information is listed below; however, permissions must be secured from any third-party rights-holders.

Fair Use

In accordance with the applicable copyright laws, any materials authored by MCASD may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of the materials is cited. Unless otherwise noted, users who wish to download or print any materials authored by MCASD from this Web site for such uses may do so without MCASD’s express permission. Users must cite the material as they would material from any printed work; the citation should include the URL “www.MCASD.org” in addition to all copyright and other proprietary notices contained on the materials. Note, however, that certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by MCASD. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and MCASD will have no responsibility in connection with securing such necessary rights for any materials on the Web site. Any use of the Materials that does not qualify as fair use is subject to MCASD’s prior written approval, and the user must request and receive such approval prior to any use.

Trademarks

The trademarks, trade names, logos, and service marks (“Trademarks”) displayed on this Web site, including “MCASD,” are Trademarks of MCASD. The trademarks of third parties may also be displayed on the Web site and are the property of their respective owners. Nothing contained in this Web site grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of MCASD 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.

Links

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

Privacy

Your privacy is important to MCASD. All information gathered from you in connection with your use of this Web site will be governed by the provisions of the MCASD Privacy Policy. For more information

Disclaimer

MCASD is under no obligation to monitor this Web site and assumes no responsibility or liability arising neither from the content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the Web 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. MCASD will fully cooperate with any law enforcement authorities or court order requesting or directing MCASD to disclose the identity of anyone posting any such information or materials.

Disclaimer of Warranties

This Web site is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, MCASD 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, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. MCASD does not warrant, or make any representations that: (a) the Web site will meet your requirements; (b) the Web site will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the Web site will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the Web site will meet your expectations; or (e) the Web site or material accessible through the Web site is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the Web site, 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.

Limitation of Liability

You expressly understand that in no event will MCASD 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 Web site; (b) your reliance on any content on the Web site; (c) any goods or services purchased through use of the Web site; or (d) any goods or services advertised on the Web site; even if MCASD 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.

Jurisdiction

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 San Francisco, California.

Miscellaneous

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and agreements, written or oral, regarding this Web site. 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 MCASD 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 MCASD. 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 MCASD 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 about the Web site, please contact:
Web Site Manager
Museum of Contemporary Art San Diego
700 Prospect Street
La Jolla, CA 92037
info@mcasd.org

Privacy Policy

The Museum of Contemporary Art San Diego is concerned about protecting the privacy of all our Web site visitors. MCASD respects your privacy and your choice not to have your personal information shared with other people. Please read the following to learn more about our policy. Your use of our Web site indicates your acceptance of this Privacy Policy.

Collection of Information

MCASD does not collect personally identifying data, such as names, addresses, email addresses, and the like, except when voluntarily submitted by Web site visitors. MCASD requests personally identifying data from site visitors in only four situations: for online purchases made in the MCASD Museum Store; for online purchases of memberships or tickets; for online employment applications; and for event space rental inquiries. Information that MCASD collects is used to make our Web site more useful by helping us learn about the number of visitors to our site and the types of technology our visitors use. We do not track or record information about individuals and their visits. We may compile and report aggregate statistics about our users — such as numbers, traffic patterns, and related site information — but these statistics include no personally identifying information.

Cookies

We do not collect or store any information about you that we gather from using “cookies” on our site. A cookie is a small amount of data that is sent to your browser from our Web server when you visit our online shop and stored on your computer’s hard drive. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use cookies only to keep track of the items in your shopping order. If you choose to reject cookies, you will still be able to use the MCASD site.

Data Sharing

You should be aware that your name and basic contact information occasionally may be exchanged with other arts organizations as well as other select organizations. These organizations may attempt to contact you to promote products or services that they offer. Such contacts will only be made with our consent, and we will only grant our consent when we consider the offer to be of potential interest and benefit to you. With these exceptions, MCASD will not disclose or share any personal information you provide to MCASD on the Web site without your permission, except if requested to do so in accordance with a court order, subpoena, or similar legal order, and in the event such disclosure is necessary to protect the rights, property, and safety of MCASD, its users, and other third parties. We do not sell, exchange, share, or rent any lists to political parties or candidates for political office. Credit card information is not made available to any third party and is considered completely confidential.

Opting-Out

If you do not want your name and/or contact information to be used in the manner stated above, you may indicate this at the time you provide the information. If an “opt-out” option is not offered, or you decide after you have provided this information that you do not want us to share your information with any other organization, you may also notify us in an e-mail addressed to info@mcasd.org. We cannot, however, remove your name from any third party list; you will have to contact them directly.

The Direct Marketing Association (DMA) offers a Mail Preference Service that is designed to assist consumers in decreasing the amount of nonprofit or commercial mail they receive at home. For more information about this service, visit the DMA Web site www.the-dma.org and click on the “Consumers” tab.

Third Party Processing

Purchases made through the Museum Store are processed by third parties who handle all related ordering and processing of the products. The third parties’ practices in connection with the ordering, processing, and delivery of products are subject to their own privacy policies. You should consult the privacy policies for the Museum Store at Yahoo! Store to ascertain the uses of the personal information submitted to these third parties.

Links

MCASD may provide links to other third party Web sites, and other Web sites may provide links to the MCASD Web site. Third party Web sites operate according to their own terms of use and privacy policies. MCASD has no control over such third party Web sites, and therefore you acknowledge and agree that MCASD is not responsible for the availability of such third party sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that MCASD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or other materials on or available from such sites.

Children

MCASD does not solicit personal information from children. Visitors 12 years of age and under must obtain an adult’s permission before submitting any personal information to this site.

Changes to Our Policy

MCASD may amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on this page.

Contact

If you have any questions or concerns about this privacy policy, our online practices, or your dealings with this Web site, please contact:

Web Site Manager
Museum of Contemporary Art San Diego
700 Prospect Street
La Jolla, CA 92037
info@mcasd.org