Welcome to the Des Moines Art Center Web Site located at https://www.desmoinesartcenter.org/ (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”, “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. If DMAC decides to change the 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 2021 All rights reserved

The copyright to the Site, and all content in the Site, is owned or licensed by 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 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. 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 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. In the event of unauthorized use or misuse of its Trademarks, DMAC will pursue its legal remedies without delay.

DMAC Notice

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 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 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: aplummer@dickinsonlaw.com

Privacy

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 data that can be used to uniquely identify or contact a single person.

Information We Collect

We collect and store personal information and non-personal information that you voluntarily provide to us, as well as data related to your Site visit and usage.

We collect PII (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 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.

Use of 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’re 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.

How We Use and Disclose Information Collected

DMAC uses collected information for internal purposes to make available and to improve our high standard of reliable services. We may 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. 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.

DMAC collects PII from its users in limited situations as set forth herein. Unless otherwise indicated, 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, DMAC and its affiliates will not rent, sell or give your personally identifiable information to any outside party without your prior permission. DMAC may now or in the future use personally identifiable information submitted by users to contact users to provide information on internal promotions of DMAC, general DMAC information, contests and surveys of DMAC.

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 jpowers@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.

Security

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) 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 DMAC of any need to deactivate a password.

Surveys

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.

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. 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.

Children’s Privacy

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 collect PII from any person we actually know is a 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.

Terms of Use

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 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.

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.

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.

Limitation of Liability

IN NO EVENT WILL 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 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 to infodesk@desmoinesartcenter.org.