Terms and Conditions

General:  The Norton Simon Art Foundation (“NSAF”) maintains www.nortonsimonartfoundation.org (the “Site”) to further its goal of providing access to art.  By using the Site and its content, you agree to be bound by and acknowledge your acceptance of the following Terms of Use as well as the Privacy Policy, which is incorporated by this reference, which together set out your entire right with respect to the Site and its content.

Your continued access to and use of the Site reaffirms your agreement to be bound by and abide by these Terms of Use, as amended from time to time, and your acknowledgement that these Terms of Use constitute the legal equivalent of a duly executed and legally-binding contract.  If you do not agree with these Terms of Use, you may not use this Site.

Use of the Site and its Content:  The entire content of the Site is copyrighted under laws of the United States and other copyright laws.  You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, plagiarize or otherwise transfer any copyrighted material from this Site except as expressly provided in these Terms of Use.  The burden of determining that any content on the Site is not protected by copyright rests with you.

You may download or print content from the Site for non-commercial personal or educational purpose such as teaching, research, criticism or commentary, without requesting NSAF’s permission.  However, any such use must be accompanied by a citation to the source of the information, including the URL “www.nortonsimonartfoundation.org,” as well as any other proprietary markings appearing with such content.  You acknowledge that NSAF and/or third-party content providers remain the owners of the Site and its content, and that you do not acquire any ownership rights by downloading or posting copyrighted materials.

The foregoing sets forth your entire right to copy and use materials found on the Site.  Use within the scope of these terms does not require any further permission from NSAF.  Any other use, such as, without limitation, the use of an image for a commercial purpose, requires the prior written consent of NSAF, which may be granted or denied in NSAF’s sole discretion.  NSAF’s consent may be requested by contacting:

Office of Rights and Reproductions
Norton Simon Art Foundation
385 East Colorado Boulevard, Suite 240
Pasadena, California 91101

or via the contact page.

In addition, works appearing on the Site under license from third parties are protected by copyright law and international conventions, and may not be reproduced, including by downloading, without the express consent of each third party indicated in connection with any work.

Marks:  The trademarks, logomarks and service marks displayed on the Site (collectively, the “Marks”) are registered and/or unregistered Marks of NSAF or its licensors.  Your access to or use of this Site does not grant you, by implication, estoppel or otherwise, any right or license to use any Mark displayed on the Site without prior written permission from NSAF.  Your use or alteration of a Mark without such permission is strictly prohibited.  Any permitted use of NSAF Marks by you will inure to the benefit of NSAF.

Links to Other Sites:  For your convenience, the Site provides certain links to sites operated by third parties.  NSAF is under no obligation to review the linked sites and is not responsible for their content.  Links to third party sites do not imply endorsement, sponsorship or any affiliation with such sites.  Your access of any third party site through a link on the Site is at your own risk.

No Warranty:  NSAF makes no representations or warranties as to the truth, accuracy or completeness of the content of the Site and assumes no liability or responsibility for any errors or omissions in the content of the Site.  ALL CONTENT ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS AND/OR NON-INFRINGEMENT.  NSAF assumes no responsibility, and shall not be liable for, any damages to you or your property that arise in connection with your access to or use of the Site or its content.

Indemnification:  Upon NSAF’s request, you agree to defend, indemnify and hold NSAF and its affiliates, employees, contractors, officers, trustees and content providers harmless from any dispute which may arise from your breach of the terms of these Terms of Use, including any and all claims and expenses, including attorneys’ fees and court costs related to such breach. NSAF reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Choice of Law:  This Agreement will be construed and enforced in accordance with the substantive law of the State of California, of the United States of America, without regard to principles of conflicts of laws.  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.  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 Los Angeles, California.  You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings 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 Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

Amendment of Terms:  NSAF may, at its discretion unilaterally, amend these Terms of Use at any time by posting the amended terms of use on the Site.  You may always review the most updated version of the Terms of Use by checking this page.  By continued use, you agree to be bound by and to abide by such amended terms.  These Terms of Use may not be amended or modified otherwise by you, except in writing signed by both parties.