These Website Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of gallupARTS, Inc. (“gallupARTS,” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 14 of these Terms contains a mandatory provision that requires the use of mediation on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using gallupnewdealart.org and our various related websites and services (collectively, the “Services”), you agree to be bound by these Terms.
By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Services or any features provided therein.
By accessing or using the Services, you represent and warrant that you have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services.
You should not construe our publication of any content found on the Services as an endorsement by gallupARTS of the views expressed therein.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Services. We strongly recommend that you periodically visit this page to review these Terms.
In order to access and use certain areas or features of the Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Services.
By providing information and/or answering questions, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, any service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of gallupARTS and are protected by U.S. and international copyright, trademark, and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access and view the Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Services or Content, (b) distribute, publicly perform or publicly display the Services or any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, (f) use the Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Services or servers or networks used in connection with the Services; or (h) use the Services or Content other than for their intended purposes.
Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of gallupARTS or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time.
For more information on how to identify copyrights within the Gallup New Deal Art Virtual Museum, please see our Rights & Reproductions page, located at www.gallupnewdealart.org/about-the-website.
The Gallup New Deal Art Virtual Museum logo, and any other Gallup New Deal Art Virtual Museum or gallupARTS product or service names, trademarks, logos, or other indicia that may appear on the Services (“Marks”) are the property of gallupARTS or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without our prior written permission or the prior written permission of such third party that may own such Marks.
Our Privacy Policy describes how we handle the personal information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.gallupnewdealart.org/privacypolicy.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Services.
If a copyright holder sends us notice requesting removal of content that is believed to be infringing on their copyright, we are obligated to take down the content promptly pursuant to the Digital Millennium Copyright Act (DMCA). A copyright holder wishing to send such a DMCA notice should send it to info@gallupnewdealart.org.
Additionally, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party social media platforms (e.g., our Facebook page), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, we will only share personal information that you provide in accordance with our Privacy Policy.
You agree that we may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of the gallupARTS, its customers or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about us, or the Services (collectively, “Feedback”). Feedback shall become the sole property of the gallupARTS. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We have not reviewed all of the websites linked to the Services and are not responsible for the content of any third-party pages, any other websites linked to the Services, or any products or services offered by third parties. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement by us of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. We reserve the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by us. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
You shall indemnify, hold harmless, and, at our option, defend gallupARTS and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Services or any of its features. You further agree that we shall have control of the defense or settlement of any third-party claims unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and gallupARTS.
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICES. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DONOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GALLUPARTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GALLUPARTS ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
If a dispute arises out of your access to the website and related services, the parties shall submit it promptly to non-binding mediation before a neutral mediator in Gallup, New Mexico, or such other place as the parties to the mediation shall agree. A written notice requesting mediation shall be delivered to all parties via certified mail, return receipt requested. The mediation shall be scheduled within 30 days of receipt of the notice. The parties to the mediation shall share the costs of the mediation equally and each party shall bear his, her or its own attorney’s fees and costs incurred in the mediation.
The parties agree that this Agreement and all matters relating hereto, including any matter or dispute arising out of the Agreement not resolved by mediation shall be governed by and construed in accordance with the internal laws of the State of New Mexico without regard to its conflicts of laws principles. The parties agree and consent that any causes of action or suits related to this Agreement must be filed in the State of New Mexico Eleventh Judicial District Court located in Gallup, New Mexico. The parties consent to the exclusive jurisdiction of said court and waive any objections to such jurisdiction. The parties waive their right to request a change of venue.
REGARDLESS OF THE FORUM, YOU AND GALLUPARTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to us at the following contact: info@gallupnewdealart.org. Any notices to you may be made via either e-mail or postal mail to the address in our records or via posting on the Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and us relating to your access to and use of the Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
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Gallup and McKinley County are situated on the ancestral and current homelands of the Diné and Ashiwi peoples.
Gallup’s New Deal art collection consists of over 120 objects created, purchased, or donated from 1933 to 1942 through New Deal federal art programs administered by President Franklin D. Roosevelt to support artists during the Great Depression.
The Gallup New Deal Art Virtual Museum features three types of exhibits, combining traditional and non-traditional approaches to illuminate academic, creative, and individual understandings.
Gallup’s New Deal art collection includes works by a demographically, professionally, and stylistically diverse group of named and unnamed artists.
Image Use Notice: Images of Gallup’s New Deal artworks are available to be used for educational purposes only. Non-collection images are subject to specific restrictions and identified by a © icon. Hover over the icon for copyright info. Read more
