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.
Welcome to the Des Moines Art Center Web Site located at https://www.desmoinesartcenter.org/ (the “Site”). These Terms of Use and Privacy Policy (collectively, these “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”, “we”, “us”, “our”). 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. DMAC reserves the right to change or modify any of the Site Terms and the Site, at any time and in DMAC’s sole discretion. If DMAC decides to change the Site Terms, we will post a new version on the Site and update the date of last modification below. 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. If you do not want to agree to these Site Terms, you must not access or use the Site.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by the Privacy Policy below, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
You are solely responsible for your conduct or any information that you upload or transmit to this Site, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any information uploaded or transmitted by you to this Site. You may not provide false or misleading information to this Site, submit information under false pretenses, or upload or transmit any image or other type of communication or content to this Site that infringes or violates any rights of any party. We may immediately terminate your access to and use of the Site if you provide false, misleading, or infringing information or submit information under false pretenses to this Site. By submitting any communication or content, including any business information, ideas, concepts or inventions to 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 DMAC.
You may use the Site only for lawful purposes and in accordance with these Site Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm DMAC or users of the Site, or expose them to liability; (c) use any device, software, or routine that interferes with the proper working of the Site; (d) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (f) otherwise attempt to interfere with the proper working of the Site.
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 Site, any information you provide, including financial information, is subject to the terms of use and privacy policy of that site. DMAC does not recommend and does not endorse the content on any Third-Party Site and is not responsible for the content of linked Third-Party Site, sites framed within the Site, Third-Party Site provided as search results or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites.
The Site and its entire contents, features, and functionality are owned by DMAC, its licensors, or other providers of such material. All material provided on the Site is protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided herein, (i) you may not access or use for any commercial purposes any part of the Site or any of the services or material available through the Site, and (ii) 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 DMAC. Individual visitors of the Site are solely permitted personal, noncommercial use of materials from this Site provided that they do not modify the copies of any materials from this Site, or delete or alter any copyright or other proprietary rights from copies of materials from this Site. Any displays or printouts of the Site’s materials must be marked “© Des Moines Art Center [year of display or printout]. All rights reserved.” The permission granted by this paragraph terminates automatically if you breach any of the terms and conditions contained in these Site Terms and you will return or destroy, at DMAC’s option, any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by DMAC. Any use of the Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.
DMAC’s name, trademarks, logos, designs, and service marks (collectively referred to as “Trademarks”) displayed on the Site are trademarks of DMAC and no trademark license, expressed or implied, is granted by DMAC. You do not have any right to use the Trademarks displayed on the Site without prior written permission of DMAC. The Trademarks may not be used in any way that suggests an actual or implied endorsement of any non-DMAC product, program, or service. In the event of unauthorized use or misuse of its Trademarks, DMAC will pursue its legal remedies without delay.
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 designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially 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 detailed description of the copyrighted work you claim has been infringed and a description of the allegedly 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 Site 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; and (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:
Wayne E. Reames
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309
Telephone: 515.283.4660
Email: wereames@belinmccormick.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THIS SITE AND THE MATERIALS CONTAINED HEREIN 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 INFORMATION PRESENTED ON THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. DMAC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DMAC, OR ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold DMAC and its affiliates and their respective officers, members, employees, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Site Terms or your use of the Site, including, but not limited to, any information you transmit or upload, any use of the Site’s content, services, and products other than as expressly authorized in these Site Terms, or your use of any information obtained from the Site.
These Site Terms 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 the state or federal courts 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.
The owner of the Site is based in the State of Iowa in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No waiver by DMAC of any term or condition set out in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMAC to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. 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. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.
We believe strongly in providing you notice of how we collect and use your data, including personally identifiable information (“PII” or “personal information”) collected from the Site. PII is information that: (i) relates to an individual person; or (ii) identifies or can be used to identify, locate, or contact that individual alone or when combined with other personal or identifying information that is or can be associated with that specific individual.
We collect and store personal information, information that is about you but individually does not identify you, and information related to your Site visit and usage.
We collect information (including PII such as your name, address, phone number, email address, date of birth and billing information) directly from you when you provide it to us. For example, you voluntarily provide PII when making a donation, joining 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 DMAC Museum Shop, and registering for a DMAC event. We also collect credit card and other payment information when you voluntarily provide it on the Site, however we do not store this information in full; instead, we utilize credit card tokenization to maintain the ability to reference the credit card information for later use. Further, we collect information automatically as you navigate the Site. Information collected automatically may include usage details, IP addresses and information collected through cookies.
“Cookies” are simple text files stored on your computer for use by a browser. DMAC and our partners may use cookies. 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; if you want to disable cookies and you are using a web browser, check with your provider to find out how to disable cookies. Please note that certain features of the Site may not be available once cookies are disabled.
DMAC uses collected information, including any personal information, to present the Site and its contents to you, to respond to inquiries or service requests and monitor such responses, to provide information about and market DMAC products or services (including contacting users to provide information on promotions of DMAC, general DMAC information, and contests and surveys of DMAC), to resolve technical problems and manage the Site, to assess the Site’s usage and calculate overall usage statistics, to fulfill any other purpose for which you provide it, in any other way we may describe when you provide the information, and for any other purpose with your consent. Without limiting the foregoing, DMAC may occasionally use non-PII and information in aggregated form to provide statistical “ratings” to its partners and affiliates about how DMAC’s users collectively use the Site. DMAC may share automatically collected and other aggregate non-PII with interested third parties to assist them in understanding the usage patterns for certain content, services, promotions and/or functionality of the Site.
We may disclose aggregated information about our users without restriction. We may disclose PII that we collect or as you provide to comply with any court order, law, or legal process, to enforce or apply these Site Terms and other agreements (including for billing purposes), if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DMAC or others, to contractors, service providers, and other third parties we use to support our operations, to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, and with your consent. Unless otherwise stated herein, DMAC and its affiliates will not rent or sell your personally identifiable information to any outside party without your prior permission.
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. DMAC assumes no responsibility or liability for these independent policies or actions.
You may “opt out” of having your PII used or shared for purposes of receiving product offers via e-mail or postal mail, and from receiving product offers directly from us via e-mail or postal mail, by providing us written notice identifying which communications you choose not to receive by emailing us at aday@desmoinesartcenter.org.
If you choose not to give us your personal information at all, you can still access the Site; however, you will not be able to access areas that require registration or personal information.
We implement security measures designed to protect your information from unauthorized access. While we take reasonable measure to ensure that other entities who provide us with website hosting and payment processing services keep your information confidential and secure, such entities’ practices are ultimately beyond our control. By using our Site, you acknowledge that you understand and agree to assume these risks.
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) authorizing, monitoring and controlling access to and use of your Site username, member ID and/or password; and (2) promptly informing DMAC of any need to deactivate your user account.
From time-to-time, 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. 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 PII from the surveys is disclosed to third parties. DMAC does compile the de-identified and anonymized survey question results and may publish them or share with other third parties.
We are committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract or be used by children under the age of 13. We do not knowingly collect PII from any child under the age of 13. If we learn that we have collected personal information from a child under 13 we will take steps to delete the information as soon as possible. If you are under 13, do not use or provide any information on this Site or through any of its features.
Thank you for your cooperation. We hope you find the Site helpful and convenient. Questions or comments regarding this Site or these Site Terms should be directed by electronic mail to infodesk@desmoinesartcenter.org.
Last modified: October 27, 2025
