Terms of Use

General

Langson Institute and Museum of California Art (“IMCA”) encourages the use of this website and any subdomains regardless of domain address, including websites accessed through your mobile devices and downloadable mobile applications (“Sites”), as a way to share information and knowledge in support of the University of California’s three-part mission of education, research, and public service. These Sites are owned by The Regents of the University of California and operated by UC Irvine. While most Sites are publicly accessible, certain services and information offered on-line may be restricted to specific users or segments of the UC Irvine population.

By using the Sites and their 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 Sites and its content. All rights not expressly granted herein by Langson IMCA are specifically and completely reserved.

Copyright and Proprietary Rights

The entire content of the Sites, including but not limited to text, images, trademarks, data, audio files, video files and clips, software, documentation, or other information contained in these files, and other content (collectively, “Materials”) are proprietary to Langson IMCA or its licensors. Langson IMCA retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Langson IMCA.

Trademarks

Many of the trademarks, service marks, and logos (collectively, “Trademarks”) displayed on the Sites, including Langson IMCA, IMCA, Langson Institute and Museum of California Art, Jack & Shanaz Langson Institute & Museum of California Art, and IMCA logo, are registered and/or unregistered marks of Langson IMCA. The Trademarks of third parties may also be displayed on the Sites. Nothing contained in the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Sites without the express written permission of Langson IMCA, or any third party that may own the Trademarks displayed on the Sites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.

Authorized Uses

Unless otherwise expressly indicated, you may download or print Materials for non-commercial, educational, and personal use only, or for fair use as defined under United States copyright laws. You may download these files for your own use, subject to any additional terms or restrictions, which may be applicable to the individual file or program. You must, however, cite the author and source of the Materials, and the citations should include the URL imca.uci.edu as well as any other proprietary markings appearing with such content, but not in any way that implies endorsement of the user or the user’s use of the Materials. You acknowledge that Langson IMCA and/or third-party content providers remain the owners of the Sites and its content, and that you do not acquire any ownership rights by downloading or posting copyright materials. You may not remove any copyright, trademark, or other proprietary notices that have been placed on or near the Materials by Langson IMCA.

The foregoing sets forth your entire right to copy and use Materials. You may not modify Materials on the Sites in any way that misrepresents the source, author, or content, or misrepresents or implies Langson IMCA endorsement. Downloading, printing, copying, distributing, or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited without written consent of Langson IMCA or rights holder.

In addition, Materials appearing on the Sites 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.

User Responsibility

By sending, posting, uploading or transmitting messages, comments, content or other information (“Submissions”) to Langson IMCA or the Sites you grant Langson IMCA and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, exhibit, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Sites or to Langson IMCA that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.

By posting a Submission you represent and warrant:

  • that you own or otherwise control all of the rights to your Submission, including without limitation, all copyrights.
  • that the content is accurate.
  • that use of the content you supply does not violate these Terms of Use or our Privacy Policy and will not cause injury to any person or entity.
  • that you will indemnify Langson IMCA and/or its employees, officers, and agents for all claims resulting from any Submissions you supply, provide, or transmit to us or the Sites.

Any Submissions or other interaction with the Sites:

  • Must be your own original work and not infringe anyone else’s rights, including copyright.
  • Must not contain unlawful or objectionable content nor involve disruptive, offensive, or abusive behavior.
  • Must not contain unsuitable or irrelevant website addresses or URLs, links to pornography, commercial, or other inappropriate content.
  • Must not promote illegal or anti-social behavior, contain violent or sexually explicit material or advocate, promote or assist any unlawful act.
  • Must not impersonate any other person, misrepresent your identity or affiliation with any person, or to give the impression that they emanate from Langson IMCA.

We reserve the right, but are not obligated, to remove or disable access to any content that in our sole discretion violates these rules, any law, or disrupts the Sites in any way. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

Links to Other Sites

For your convenience, the Sites sometimes provide certain links to sites operated by third parties. Langson IMCA 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 Sites is at your own risk.

The text and other material on these sites are the opinion of the specific author and are not statements of advice, opinion, or information of Langson IMCA. If you feel you might be offended by the content of the sites, you should not continue.

Disclaimer of Warranty/Limitation of Liability

Langson IMCA does not warrant that use of the Materials displayed on the Sites will not infringe the rights of third parties not owned by or affiliated with Langson IMCA. Langson IMCA makes no representations or warranties as to the truth, accuracy, or completeness of the content of the Sites and assumes no liability or responsibility for any errors or omissions in the content of the Sites.

ALL CONTENT ON THE SITES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS, AND/OR NON-INFRINGEMENT.

Langson IMCA assumes no responsibility, and shall not be liable for, any damages to your or your property that arise in connection with your access to or use of the Sites or their content.

YOU AGREE THAT LANGSON IMCA  WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE A WEBSITE, OR TO YOUR PLACEMENT OF CONTENT ON A WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE. IN PARTICULAR, LANGSON IMCA WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITEs, OR ANY PURCHASES ON THE SITES, OR YOUR PLACEMENT OF CONTENT ON THE SITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITES, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

Indemnification

You agree to indemnify, defend, and hold Langson IMCA and its respective officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorney’s fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Sites or any of its content.

Choice of Law

The Sites (excluding links to websites operated by others) are controlled and operated by Langson IMCA and the University of California, Irvine from offices in Irvine, California. You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Sites, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Orange County, California as the legal forum for any such dispute. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of the proceedings in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Sites from locations other than Orange County, California, you will be responsible for compliance with all local laws of such other locations.

Amendment of Terms

Langson IMCA may at any time revise these Terms of Use and other notices contained herein by updating this posting. 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 except in writing signed by a duly authorized officer of Langson IMCA.

Copyright Infringement Notice Procedures

We respect the intellectual property rights of others and prohibit users of the Sites from uploading, posting or otherwise transmitting on or to the Sites’ content that violate another party's intellectual property rights.

It is our policy to respond to notices and counter-notices that properly conform with the requirements of the Digital Millennium Copyright Act ("DMCA"). See the Copyright Office's web page at copyright.gov for details of the current DMCA requirements.

For purposes of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Sec. 512(c)(2), IMCA has designated an agent for notification of claimed infringement as follows:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu

IMCA provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

Notification of Alleged Infringement

If you believe in good faith that materials hosted on the Sites infringe your copyright, you or your agent may send us a written DMCA notification requesting that the material be removed or disabled and containing the following information:

  • Detailed description of the copyrighted work (or list of works) that you claim has been infringed.
  • The URL or other specific location on the Sites that contains the material that you claim to be infringing your copyright that is sufficient for us to locate the work.
  • Your name, address, telephone number and email address.
  • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu

We only act on valid DMCA notifications, which must fully comply with these requirements and other applicable requirements set forth by the US Copyright Office.

Counter Notification

If you believe in good faith that your own copyrighted material has been removed from the Sites as a result of mistake or misidentification, you may submit a written counter notification letter to us, which must include the following information:

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in Orange County, California if your address is outside the United States
  • A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent
  • Your name, address and telephone number
  • A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material, or that the material identified by the complaining party has been removed or disabled at the URL or Sites location and will no longer be shown or accessible
  • Your physical or electronic signature

You must submit a counter notification to:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu

We only act on valid DMCA counter notifications, which must fully comply with these requirements and other applicable requirements set forth by the US Copyright Office.

We may send a copy of the counter notification to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against us or the user, the removed content may be restored.

Your Account

If you use the Sites, you are responsible for maintaining the confidentiality of your account and password, if applicable, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on the Sites will be accurate and complete. Langson IMCA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Other

The Sites may contain errors and omissions relating to product description, pricing and availability. Langson IMCA reserves the right to correct errors or omissions without prior notice. Langson IMCA also reserves the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability, or other reason.

Feedback

Langson IMCA is committed to providing a user-friendly environment for students, faculty, staff, alumni, friends, visitors, subscribers, members, and the community. Your comments are welcomed. Please send comments to imca@uci.edu.

Upon launch of Online Collections on the Sites:

The text, images, and data, including without limitation audio and video clips, software, documentation, and other information contained in the files on the Sites (collectively, the “Content”) are either (1) images of works from Langson IMCA’s collection that Langson IMCA believes are in the public domain, some of which are made available without restriction (these images are marked Public Domain High Resolution Image Available as described below); or (2) protected by copyright (the “Protected Content”). Such Content, whether or not in the public domain, may be subject to other restrictions as well, including rights of privacy and publicity, under applicable law.

Public Domain High Resolution Image Available

The Content on the Sites marked Public Domain High Resolution Image Available consists of images of works from Langson IMCA’s permanent collection that are currently available in “high resolution” format and that Langson IMCA believes are in the public domain. Langson IMCA provides high resolution images of these works free of charge and for use without restriction. The Public Domain High Resolution Image Available mark indicates that Langson IMCA is unaware of any current copyright restrictions on the Content so designated, either because:

(1) the term of copyright has expired

(2) no evidence has been found that copyright restrictions apply, or

(3) Langson IMCA owns copyright but would like to share this Content with the public without exercising control as part of our mission to engage and educate our communities.

Langson IMCA does not warrant that the sharing or other use of this Content will not infringe upon the rights of third parties holding rights to these works, including rights other than copyright, such as rights of privacy and publicity. It is your responsibility to determine and satisfy copyright and other use restrictions before downloading, copying, transmitting, publishing or making any other use of these items.

If you have any knowledge about rights holders of any of these works, please contact:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu

Users should cite the author/artist and source of the Public Domain High Resolution images as they would material from any printed or other work, and citation should include the URL imca.uci.edu imca@uci in addition to all other proprietary notices, if any, provided with the Public Domain High Resolution Available images.

Protected Content

Langson IMCA and relevant third parties retain all rights, including copyright, in the Protected Content. Users may download and use the Protected Content subject to these Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Protected Content are retained. For certain images within the Protected Content on the Sites, Langson IMCA has been unable to determine the copyright holder, and would appreciate receiving any information about copyright ownership for appropriate acknowledgement. Please forward such information to Langson IMCA’s Rights and Reproductions Department to:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu

To the extent Langson IMCA owns such rights, the Protected Content is made available for use only for limited non-commercial personal use. Users must cite the author/artist and source of the Protected Content as they would material from any printed or other work, and the citation should include the URL imca@uci.edu in addition to all copyright and other proprietary notices provided with the Protected Content.

In granting this limited permission, however, note that Langson IMCA does not warrant or represent that use of Protected Content displayed on the Site will not infringe the rights of third parties. Copyright and other proprietary rights in the Protected Content, including reproductions of works of art licensed to Langson IMCA by third parties such as artists or artists' heirs holding rights to these works, or images of people or places displayed on the Sites, may be held by individuals and/or entities other than Langson IMCA. Use of these images by you is prohibited unless specifically permitted by such third parties.

Any party wishing to use any of the Protected Content from the Sites, including images of works that may be in the public domain but for which high resolution images are not currently available on the Sites, for any purpose other than the limited purposes identified above, must request and receive prior written approval from Langson IMCA. Permission for such use is granted on a case-by-case basis. For inquiries, please contact:

Amy Lim, Assistant Director Registration Collections Management
Jack & Shanaz Langson Institute & Museum of California Art
Email: imca@uci.edu