Copyright - MOCA GA

THE MUSEUM OF CONTEMPORARY ART OF GEORGIA, INC.

The Museum of Contemporary Art of Georgia, Inc. (MOCA GA) has created and maintains www.mocaga.org (“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

Access to and use of the MOCA GA’s image and text files and data on this Site are subject to the following Terms and Conditions:

The text, images and data on the Site are protected by copyright and may be subject to other restrictions as well. MOCA GA and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Users may download Materials subject to the preceding and following 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 materials are retained.
The Materials are made available for use without permission only for limited non-commercial personal or educational use, or for fair use as defined in the United States copyright laws. Users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL “www.mocaga.org” in addition to granting this limited permission, however, note that MOCA GA does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with MOCA GA. Copyright and other proprietary rights in the materials may be held by individuals and/or entities other than MOCA GA, including reproductions of works of art licensed to MOCA GA by third parties including artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.
MOCA GA expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.
While MOCA GA uses reasonable efforts to include accurate and up to date information in this Site, MOCA GA makes no representations or warranties as to its accuracy. MOCA GA 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 MOCA GA 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 Materials on the Site are 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. MOCA GA 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 Materials from the Site.
Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any 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 MOCA GA or its affiliates or licensees for any purpose, including but limited to, reproduction, disclosure, transmission, publication, broadcast, posting and the like. MOCA GA 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 that information.

Permissions

Any party wishing to use any of the Materials from the Site, for any purpose other than the limited purposes identified above, must request and receive prior written approval from MOCA GA.

Permission for use is granted on a case-by-case basis at the sole discretion of MOCA GA. For inquiries, please contact:

Annette Cone-Skelton, Director
Museum of Contemporary Art of Georgia
75 Bennett Street, Suite A2
Atlanta, Georgia 30309

A usage fee may be charged depending on the nature and type of the proposed use. MOCA GA reserves the right not to grant permission to use its Materials, and does not grant permission to use the Materials of third parties.
Trademarks

The trademarks, online logomarks and service marks (the “Trademarks”) displayed on the Site, including Museum of Contemporary Art of Georgia and MOCA GA are registered and/or unregistered Trademarks of the Museum of Contemporary Art of Georgia. 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 MOCA GA 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.

Links

The Site may contain links to third party sites. MOCA GA 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. MOCA GA provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked site.

Digital Millenium Copyright Act

For purposes of the Digital Millenium Copyright Act (“DMCA”), 17 U.S.C. Section 512(c)(2), MOCA GA has designated an agent for notification of claimed infringement as follows:

Annette Cone-Skelton, Director
Museum of Contemporary Art of Georgia
75 Bennett Street, Suite A2
Atlanta, Georgia 30309

MOCA GA 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.

The Digital Millenium Copyright Act specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following elements:

a physical or electronic signature;
2. identification of the infringed work;
3. identification of the infringed material;
4. contact information for the complainant, e.g. address, telephone number, electronic mail address;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
6. a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Applicable Law and Jurisdiction

The Site (excluding links to Web Sites operated by others) is controlled and operated by MOCA GA from its offices in and around Atlanta, Georgia. Although MOCA GA 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 Georgia and from each other, and as you and MOCA GA both benefit from establishing a predictable legal environment in which to publish, access and use MOCA GA’s Web Site, 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 Georgia, 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 Atlanta, Fulton County, Georgia. You consent to personal jurisdiction of said courts over you, stipulate to the fairness and convenience of proceeding in said courts, and convenant not to assert any objection to proceeding in said courts. If you choose to access the Site from locations other than Atlanta, Georgia, you will be responsible for compliance with all local laws of any other locations.

Indemnity

You agree to indemnify, defend, and hold MOCA GA, its directors, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorney’s fees), judgements, liabilities, losses, and damages arising from or relating to your use of or operation of the Site.

Waiver

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of MOCA GA. MOCA GA may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by the revisions and should periodically visit this page to review the then-current Terms and Conditions. By using the site, you expressly agree to be bound by the Terms of Use.
Cookies

A ‘cookie’ is a piece of data we store on your computer’s hard drive. This data contains information that we will use to help make your visit to the MOCA GA Web site easier. You do not have to accept any MOCA GA cookies to enjoy and use the MOCA GA Web site. MOCA GA cookies do not track your activity on this site. MOCA GA cookies will not be disclosed to anyone else. MOCA GA cookies are not linked to any information that could identify you personally.

Photography and Video in the Museum

Personal, non-commercial photography without flash or tripod is permitted in the permanent collections (not in special exhibitions). The use of flash or attachments, movie or video cameras is not permitted in the Museum without specific written permission from the Director.

Submitting Your Credit Card Number

When you submit your credit card number to purchase merchandise from our online Museum Shop, we offer the use of a secure server. If you choose to use the secure server, the secure server software (SSL) encrypts the credit card information you submit before it is sent to us. This helps assure that the information is protected against unauthorized access.

Protection of Minors

We are especially concerned about protecting children’s privacy. We hope parents are involved in children’s Internet explorations. It is particularly important for parents to guide their children when children are providing personal information on line. We specifically ask children to get their parents’ permission before providing any information on line – at our site or any other site – and recommend parents always be involved in those decisions. Most importantly, when children do provide information through the MOCA GA web site, it is only used to enable us to respond to the writer, and not to create profiles of children.