Acceptance of Terms and Conditions
Dia Art Foundation (“Dia”) Dia provides this website (diaart.org), the online bookshop (diaart.org/shop/books) and any other sub-domains or affiliated websites of diaaart.org (collectively the “Dia website”) in support of its charitable and educational mission to support artists and facilitate the public’s understanding and appreciation of the arts. By accessing the Dia website, you warrant and represent that you are legally entitled to do so and accept without limitation or qualification these terms and conditions (the “Terms and Conditions”). Dia may revise these Terms and Conditions at any time, which revisions shall be binding. If you do not wish to be bound by these Terms and Conditions, please exit the Dia website now and refrain from further use.
The names, titles, trademarks, service marks, and logos that appear on the Dia website are registered and unregistered marks of Dia, including but not limited to DIA ART FOUNDATION, DIA BEACON and DIA CHELSEA (“Dia Trademarks”). You may not use the Dia Trademarks without Dia’s prior written permission.
The trademarks of third parties may also appear on the Dia website. You may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Dia website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Dia Trademarks or may be construed to mean that Dia has authority to grant any right or license on behalf of any third-party trademark owner.
Dia has not reviewed all of the sites linked to the Dia Website and is not responsible for the content of any off-site pages or other sites linked to the Dia website. Your linking to any off-site pages or other sites is at your own risk.
Content protected by copyright laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Dia website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity. Dia retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on the Dia website may also subsist in individuals and entities other than, and in addition to, Dia. Dia expressly prohibits the copying of any protected materials on the Dia website, except for the purposes of fair use as defined in the copyright laws, and as described below
Fair Use Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial personal or educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from Dia’s website for such uses may do so without Dia’s express permission, provided that the user must: 1) cite the author/artist and source; (2) include the URL http://www.diaart.org in the source citation whenever possible; and (3) include the accompanying credit line for any images.
Dia does not warrant that use of the text, images, and content displayed on the Dia website will not infringe the rights of third parties not owned by or affiliated with Dia. You agree to indemnify, defend, and hold Dia, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the website.
Commercial use prohibited
Unauthorized downloading, publication or exploitation of Dia’s files for commercial purposes is specifically prohibited. Anyone wishing to use any files or images contained on the Dia website for publication or any other commercial use must request and receive prior written permission from Dia and/or the third party who holds the copyright. Permission for such use is granted on a case-by-case basis and at the sole discretion of Dia and/or the third party. For information concerning permissions or to request photography of works in the Dia’s permanent collection, call Rights & Reproductions at 212 989 5566 x589 or email firstname.lastname@example.org. Alternatively, you can write to Rights & Reproductions at: Dia Art Foundation, Rights & Reproductions, 535 West 22nd Street, New York, NY 10011. All requests for permission to reproduce images must be submitted in writing and must include the following information: 1) Artist's name; 2) Title of work; 3) Format desired (color or black and white); and 4) Description of the publication in which the work will be reproduced.
Reservation of rights
All rights not expressly granted by Dia herein are specifically and completely reserved. Nothing on the Dia website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Dia has authority to grant any right or license on behalf of any third party.
Warranty and indemnification
By using the Dia website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Dia, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Dia website.
DIA PROVIDES THE DIA WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. DIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. DIA DOES NOT WARRANT THAT THE WESITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. DIA MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. DIA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER DIA, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE DIA WEBSITE, CONTENT, AND/OR COMPILATION.
Severance and waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Dia’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 agreed to in writing by Dia.
Venue and choice of law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Last updated 6/30/2020