Privacy Policy

 
  • Des Moines
  • Art Center
  • 4700 Grand Ave
  • Des Moines, Iowa
  • 515.277.4405
  • Hours | Directions

  • John & Mary Pappajohn
  • Sculpture Park
  • 13th and Grand Ave
  • Downtown
  • Des Moines, Iowa
  • Hours | Directions

TERMS OF USE AND PRIVACY POLICY

Welcome to the Des Moines Art Center Web Site (the "Site"). The Terms of Use and Privacy Policy ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. The Site is provided to you by The Des Moines Art Center (“DMAC”). DMAC offers the Site to you conditioned upon your acceptance of these Site Terms without modification. Your use of the Site constitutes your acceptance of the Site Terms. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Your use of this Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.
© Des Moines Art Center 2012
All rights reserved

The copyright to the Site, and all content in the Site, is owned or licensed by the DMAC. All material provided on the Site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without the prior written permission of the DMAC. Individual visitors of the Site are permitted personal noncommercial use, provided that they do not modify the material on the Site and the materials retain all copyright and other proprietary notices contained therein. The permission terminates automatically if you breach any of the terms and conditions contained in the Site Terms. The DMAC does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws. The trademarks, logos and service marks (collectively referred to as “Trademarks”) displayed on the Site are trademarks of the DMAC and no trademark license, expressed or implied, is granted by the DMAC. You do not have any right to use the Trademarks displayed on the Site without prior written permission of the DMAC. In the event of unauthorized use or misuse of its Trademarks, the DMAC will pursue its legal remedies without delay.

DMAC Notice
The DMAC respects the intellectual property of others, and we ask those posting to the Site to do the same. If you believe your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with sufficient information to allow us to locate the material, including the following information:
1. The electronic or physical signature of the owner of the copyright or person authorized to act on the owner’s behalf.
2. A description of the copyrighted work you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists; for example, the URL of the website where it is posted.
4. Identification of the URL or other specific location on this website where the material that you claim is infringing is located.
5. Your name, address, telephone number and email address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
7. A statement by you that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.


Our agent for notice of claims of copyright infringement on this Site can be reached as follows:

By Mail:
Amy D. Plummer, Esq.
699 Walnut Street, Suite 1600
Des Moines, Iowa 50309

Telephone: (515) 246-4546

Email: click HERE

Privacy
We believe strongly in providing you notice of how we collect and use your data, including personally identifiable information, collected from the Site.

Information We Collect
We collect and store information that you voluntarily provide to us, as well as data related to your Site visit and usage.
We collect personally identifiable information (including, but not limited to your name, address, phone number, email address, date of birth and billing information) that is voluntarily provided to us by you. For example, you voluntarily provide personally identifiable information when making a donation, joining the DMAC as a member, renewing your DMAC membership, signing up to receive DMAC E-NEWS, registering to participate in DMAC’s eMuseum My Collection feature, making an online purchase in the DMAC Museum Shop, and registering for a DMAC event.
Users of certain Site features, such as DMAC’s eMuseum My Collection feature and online Museum Shop will be asked to provide their contact information, which will be used to create a user account. The user account will be protected by a password of user’s choosing. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Site password or account. You are responsible for: (1) controlling dissemination and use of your username, member ID and/or password; (2) authorizing, monitoring and controlling access to and use of your Site username, member ID and/or password; and (3) promptly informing the DMAC of any need to deactivate a password.

You grant the DMAC the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. The DMAC cannot and does not assume any liability or responsibility for any information you submit for your or any third party’s use or misuse of the information transmitted or received using the Site.
During your visit, we automatically collect certain aggregate information related to your Site visit. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, your IP address, your language, country, whether you are a new or returning visitor, your computer browser information, the Internet address that you visited prior to and after reaching the Site, the name of the domain and host you used to access the Internet, and the features of our Site which you accessed.

How We Use Information Collected
The DMAC uses collected information for internal purposes to make available and to improve our high standard of reliable services. We use such information to respond to inquiries or service requests and monitor such responses; provide information about and market DMAC products or services, resolve technical problems and manage the Site and assess its usage and calculate overall usage statistics. The DMAC occasionally uses non-personally identifiable information to provide statistical “ratings” information in aggregated form to its partners and affiliates about how DMAC’s users collectively use the Site. The DMAC may share automatically collected and other aggregate non-personally identifiable information with interested third parties to assist them in understanding the usage patterns for certain content, services, promotions and/or functionality of the Site.

Disclosure of Information
The DMAC collects personal information from its users in limited situations as set forth herein. Unless otherwise indicated, the DMAC will only disclose personally identifiable information to third parties when required by law or in the good faith belief that such action is necessary in order to conform to the etiquettes of law or comply with a legal process served on this Site. Unless otherwise stated herein, the DMAC and its affiliates will not rent, sell or give your personally identifiable information to any outside party without your prior permission. The DMAC may now or in the future use personally identifiable information submitted by users to contact users to provide information on internal promotions of the DMAC, general DMAC information, contests and surveys of the DMAC. When you receive communication from the DMAC regarding its programs and activities, you will always have an immediate opportunity to decline further communications by alerting the contact specified in the email or other communication that you wish to be removed from said contact list. Occasionally, the DMAC trades its membership mailing lists with local non-profit organizations for the purpose of soliciting non-members to join.

To make the Site more useful to users, we may offer some features in conjunction with third party providers that specialize in operating such services. For example, we may forward your financial information to a third party for services such as credit card processing. Likewise, personally identifiable information may be shared with website maintenance and security professionals for purposes of sending promotional, fundraising and membership related communications. Third party internet sites and services accessible through the Site have separate privacy and data collection practices, independent from these Site Terms. The DMAC assumes no responsibility or liability for these independent policies or actions.

Surveys
From time-to-time, the DMAC may invite users to participate in surveys posted on the Site or sent to users via email. Users may decide whether or not they wish to complete such surveys. Such surveys may ask for information on users’ background, occupation or similar questions. The DMAC uses this information to help it better understand its users’ needs and interests, which in turn allows it to better meet users’ expectations. Users may decide whether or not they want to answer survey questions. No personal information from the surveys is disclosed to third parties. The DMAC does compile the survey question results and may publish them or share with other third parties.

PUBLIC AREAS
The Site may now or in the future provide users opportunities to comment on images and other content posted on the Site and to access public areas including chat rooms, bulletin boards or other online communities. By posting comments or using any public area on the Site, you agree that you are solely responsible for your own communications, the consequences of posting such communications, and your reliance on any such communications found in the public areas. The DMAC assumes no responsibility for the consequences of any communications in the public areas.

By using the public areas, you agree that the following actions constitute a material breach of this Terms of Use and Privacy Policy:
1. Using a public area for any purpose in violation of local, state, national or international law;
2. Posting any material in a public area that infringes the intellectual property rights of others or the privacy or publicity rights of others;
3. Posting any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by DMAC in its sole discretion;
4. Posting advertisements or solicitations of business;
5. Upon receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed;
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments;
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public areas or the Site, or which in the judgment of DMAC exposes DMAC, its affiliates or licensors to any liability or detriment of any type.

The DMAC reserves the right to record the dialogue in any public areas. The DMAC does not screen communications in advance and is not responsible for screening or monitoring material posted by any user. If notified by a user of communications which are alleged not to conform to this Terms of Use and Privacy Policy, the DMAC may investigate the allegation and determine in its sole discretion to remove or request the removal of communications. The DMAC reserves the right to remove communications which are abusive, illegal, disruptive or that otherwise fail to conform to this Terms of Use and Privacy Policy. In addition to the removal rights described above, the DMAC reserves the right to terminate any user access to any or all public areas upon user's breach of this Terms of Use and Privacy Policy.

The DMAC reserves the right (but is not obligated) to edit or delete any communications posted on any public area, regardless of whether such communications violate these standards for conduct.

The DMAC reserves the right to take any action it deems necessary to protect the personal safety of its users or the public. The DMAC has no liability or responsibility to users of the Site or any other person or entity for performance or non-performance of the aforementioned activities.

Use of Cookies
"Cookies" are simple text files stored on your computer for use by a browser. Certain Site features may only be available through the placement of a cookie, such as the use of "cookies" to assist in data collection and to track visitor Site usage and trends to help us better serve you. The use of cookies is a standard practice among Internet web sites; most Internet browsers permit a user to accept, decline or delete cookies.

Links and Redirection to Third Party Sites
The Site may contain links to third party web sites and may redirect you to third party web sites ("Third Party Sites"). Please be aware that when you enter a third party web site, any information you provide, including financial information, is subject to the terms of use and privacy policy of that site. The DMAC does not recommend and does not endorse the content on any third party web site and is not responsible for the content of linked third party sites, sites framed within the Site and, third party sites provided as search results or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such sites.

Childrens Privacy
We are committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Responsibility for Your Conduct
You are solely liable for your conduct or any information that you upload or transmit to this Site. You may not provide false or misleading information to this Site or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of the Site if you provide false or misleading information or submit information under false pretenses to this Site. You agree that you will not upload or transmit any image or other type of communication or content to this Site that infringes or violates any rights of any party. By submitting any communication or content, including any business information, ideas, concepts or inventions to the DMAC, you agree that such submission is non-confidential for all purposes. If you wish to keep any image, business information, ideas, concepts or inventions private or proprietary, do not submit them to the DMAC.

Submissions
The DMAC will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimer
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. DMAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE SITE.

THE DMAC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE DMAC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, VIDEO OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, DMAC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
IN NO EVENT WILL THE DMAC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Indemnity
You agree to defend, indemnify and hold the DMAC and its affiliates and their respective officers, members, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of this Terms of Use and Privacy Policy.

Termination
We may terminate or suspend your access to the Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease.

Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Iowa, applicable to agreements made and entirely to be performed within the State of Iowa, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Des Moines, Iowa and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign these Site Terms, in whole or in part, at any time with or without notice to you. You may not assign these Site Terms, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site. The parties have required that the Site Terms and all documents relating thereto be drawn up in English.

Contact Us
Thank you for your cooperation. We hope you find the Site helpful and convenient. Questions or comments regarding this Site should be directed by electronic mail click HERE.