Pacific Standard Time - Terms & Conditions

Terms and Conditions of Use

Pacific Standard Time is an initiative of The J. Paul Getty Trust with arts institutions across Southern California.

The Pacific Standard Time Web Site has been designed to provide information to the public about this initiative. By using this site and its content you are agreeing to comply with and be bound by the following terms, which may change from time to time.

All text, image, and video files on this Web site are made available to the public for personal, noncommercial use only. Any unauthorized downloading for commercial use or publication of any materials on this Web site without prior written consent from the Getty is strictly prohibited.

All of the text, images, marks, logomarks, and other content of the Pacific Standard Time Web site ("Site Content") are proprietary to the Getty or are used consistent with the owner's permission or applicable law or regulation. This Web site is owned by the Getty and is operated on its behalf by TBWA\Chiat\Day. The Getty authorizes you to view and print the Site Content subject to the following conditions:

(1) You must adhere to any and all additional terms or restrictions provided within individual sections of the Web sites relating to particular Site Content;

(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;

(3) Downloading Site Content for commercial use is prohibited;

(4) Downloading Site Content for personal Web sites is subject to review and approval provided your site takes no advertising and has no commercial sponsors, does not charge a fee for services, and does not offer any product or service for sale including your own works. Requests for personal Web site use should be directed to info@pacificstandardtime.org

(5) Downloading of Site Content by members of the press for use in editorial press materials is permitted subject to the terms and conditions set forth in the Press Center; See Press Room. [ /presscenter ]

(6) You may not remove any copyright, trademark, or other proprietary notices, including, without limitation attribution information, credits, and copyright notices, that have been placed in or near the Site Content;

(7) You may not modify the Site Content; and

All parties downloading, printing or using the Site Content in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

Permissions and Requests for Images and Other Site Content

Except as expressly permitted above, reproduction or redistribution of the Site Content or any portion of the Site Content is strictly prohibited.

Links to Third Party Web Sites Are Not Endorsements

This Web site contains links to third party Web sites. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the participants of Pacific Standard Time.

Digital Millennium Copyright Act Compliance

Pacific Standard Time complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). If you have any complaints or objections to material posted on the Pacific Standard Time Web Site please contact our Designated Agent at the following address:

Stephen W. Clark - Vice President
General Counsel & Secretary
SWClark@getty.edu
The J. Paul Getty Trust
1200 Getty Center Drive
Los Angeles, California 90049-1681

Indemnity

You agree to indemnify, defend, and hold the Getty and its collaborating institutions on Pacific Standard Time harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Web site.

Amendment

These Terms and Conditions and other notices contained herein may at any time be revised by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.

Protection of Privacy

Pacific Standard Time is committed to protecting the privacy of its Web site visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Site is governed by Pacific Standard Time’s "Privacy Policy." [ /privacy-policy ] Please note that the Site is not specifically dedicated to children and that Pacific Standard Time does not actively solicit information from children. Children under the age of 13 must obtain permission from an adult before submitting information to the Site.

Fair Use and Other Exemptions

Pacific Standard Time does not object to your reproduction, distribution, display, transmission, performance, and use of the Site Content if done in accordance with 17 U.S.C.§107 (“Fair Use”), 17 U.S.C. §110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.

Unless otherwise noted on the Web page, no express permission is required from Pacific Standard Time for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Site Content; and 2) All copies of the Site Content must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site: [ www.pacificstandardtime.org ]

Press Use

Pacific Standard Time provides a dedicated page on the Web Site for members of the press. See Press Room. [ /presscenter ] All uses of the press materials must be done in accordance with the specific terms of use explained on the opening page of the Press Room.

User-Generated Content: Submissions, Comments, Entries

From time-to-time, Pacific Standard Time may ask users of this Web site to contribute content and that content may be posted on the Web site. Any communication or material you post, transmit, or distribute to the Web site by electronic mail or otherwise, including any data or other content, 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 Pacific Standard Time or its participating institutions for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Pacific Standard Time is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

By participating in or contributing content to the Site, you agree to be bound by any rules posted by Pacific Standard Time in connection with the specific feature. By posting or distributing information, materials, or modifications to the Web site, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Web site that you do not own, Pacific Standard Time requires you to obtain any necessary permission from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modification to the Web site that are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringe the copyright or other proprietary rights of any third party; or contain any advertising, promotional, or solicitation material.

You acknowledge that any submission you make to the Web site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you.

Pacific Standard Time specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that Pacific Standard Time believes may violate copyright laws or trademark laws or are otherwise unacceptable.

Pacific Standard Time cannot and does not review every submission to the Site and is not responsible for the content of such messages.

Warranty and Indemnification

By using this Web site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Pacific Standard Time, the Getty, and participating institutions harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Web site.

Disclaimer of Warranties

PACIFIC STANDARD TIME PROVIDES THE WEB SITE ON AN “AS IS” BASIS. YOUR USE OF THE WEB SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. PACIFIC STANDARD TIME DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER ESPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. PACIFIC STANDARD TIME DOES NOT WARRANT THAT THE WEB SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. PACIFIC STANDARD TIME MAKES REASONABLE ONGOING EFFORTS TO REVISE AND UPDATE THE WEB SITE BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF SITE CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEB SITE. PACIFIC STANDARD TIME ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA, OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEB SITE, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE.

Limitation of Liability

NEITHER PACIFIC STANDARD TIME, ITS AFFILIATES, PARTICIPATING INSTITUTIONS, SPONSORS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, NOR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEB SITE OR SITE CONTENT.

Severance and Waiver

You acknowledge and agree that in the event of any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly as possible approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Pacific Standard Time’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed in writing by Pacific Standard Time.

Reservation of Rights

All rights not expressly granted by Pacific Standard Time herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppels or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Pacific Standard Time has authority to grant any right or license on behalf of any third party.

Entire Agreement

These Terms and Conditions of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Applicable Law and Jurisdiction

The Pacific Standard Time Web sites (excluding links to Web sites operated by others) are controlled and operated by the Getty from its offices in and around Los Angeles, California. Although the Getty has made no effort to publish the Getty sites elsewhere, they are accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. As each of these states and countries has laws which differ from those of California and from each other, and as you and the Getty both benefit from establishing a predictable legal environment in which to publish, access and use the Pacific Standard Time Web sites, by publishing, accessing, and/or using the Pacific Standard Time Web sites will be governed by the laws of the State of California, 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 Pacific Standard Time Web sites 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 proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Pacific Standard Time Web sites from locations other than Los Angeles, California you will be responsible for compliance with all local laws of such other locations.

Note: Some images in this online presentation contain nudity and may be offensive to some viewers and inappropriate for children.