The Terms and Conditions (“Terms”) set out below govern your use of www.collator.lacma.org (the “Website”). If you do not agree to these Terms, you must not use this Website or any services available on or through this Website (“Services”). These Terms are a legal, binding contract between you, the Website user (“you,” “your”), and LACMA Museum Associates/Los Angeles County Museum of Art (“LACMA,” “we,” “our,” “us”). By using the Website or any Services you acknowledge and agree that you have read these Terms, understand them, and agree to be bound by them. The Services are operated by LACMA in Los Angeles, California, in the United States of America. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Subject to mandatory national laws to the contrary, all transactions on the Services and these Terms shall be governed by the laws of the United States of America. Your use of the Services may also be subject to other laws. The parties shall submit to the non-exclusive jurisdiction of the U.S. courts and agree that the courts of U.S. are a convenient forum for the purpose of hearing any dispute in relation to these Terms. LACMA reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of this Website or the Services. Such modifications and additional terms and conditions will be effective immediately and are incorporated into these Terms with immediate effect. Your continued use of this Website or the Services following any change will be deemed acceptance thereof. You acknowledge that, because some aspects of the Services, Product, and administration of the Terms entail the ongoing involvement of LACMA, if LACMA changes any part of the Services, this Website, or any Product, which it may do at its sole discretion, you may not be able to use the Services, this Website, or the Products in precisely the same manner as you could prior to such change, and that LACMA shall have no liability to you in such case.
This Website may, from time to time, allow you to create and purchase one or more of the following items: a) a printed “LACMA Collator” book, made by you; and/or b) a “Curated Title” book with predetermined and fixed content. Usage Rules may be controlled and monitored by LACMA for compliance purposes, and LACMA reserves the right to enforce the Usage Rules at any time without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Product except through the customizable elements specified on the Website. You acknowledge that any violation of system or network security may result in civil or criminal liability.
Only when we have accepted your Order by notifying you in accordance with these Terms shall a contract be formed between you and us. No Order shall be deemed accepted by us until we have sent you an Order confirmation. Our Order confirmation will confirm details of your Order or when we shall dispatch your Order. If you do not receive our notification within ten (10) days, please contact us via email at collator@lacma.org. We reserve the exclusive right to accept or reject any Order submitted by you for any reason whatsoever and in whole or in part, including if adequate facilities or resources are not available to fulfill your Order. If we reject your Order (or part of your Order), any money paid by you in relation to the rejected part of that Order shall be refunded and we shall have no further liability to you in relation to the rejected part of that Order. Titles and dedications in customized books will be reviewed by LACMA. LACMA retains the right to reject any book where the title or dedication is considered to be defamatory, offensive, or otherwise objectionable, and the customer’s fee will be refunded. No reason is required to be given. For more information about Orders, please see Collator General Information.
The price payable by you for any Product Ordered by you (the “Price”) shall be the price quoted on this Website at the time your Order is submitted, together with the applicable shipping fees for tangible Products (which are payable in addition to the price of the Products). We may vary any Price on this Website at any time and without notice to you. Prices do not include import fees, duties, tariffs, taxes, or other imposts or charges, which may be payable in relation to your Order including goods and services tax and other value-added taxes. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges that are payable in relation to your Order. The Prices for the Products are stated and are payable in United States dollars (USD). For more information about pricing, please see Collator Pricing Chart.
All Orders are subject to the availability of Products and materials. If for any reason a Product is not available, we will endeavor to notify users of the non-availability via this Website. We may revise the range of Products or the specification of any Product at any time and without notice to you. Each book is unique and therefore it is not possible to cancel or change a book after an Order is placed.
We will endeavor to dispatch your Order within ten (10) business days unless a different time frame is specified in relation to a particular Product. If we are unable to dispatch your Order within this time frame we will endeavor to contact you and advise you of the expected dispatch date. We do not deliver to Post Office Boxes. Delivery costs are calculated based on the Product ordered and its destination. Delivery costs are added to the total Price and are determined by the delivery method selected during Ordering. All our Products are carefully packed for safe delivery. Although we will endeavor to meet delivery time frames where possible, all delivery time frames are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. We shall not be responsible for misdirected shipments if you have supplied an incorrect delivery address. If you do not receive your Order you should contact the relevant freight services provider in your delivery destination (as indicated by the tracking number for your Order).
A. We endeavor to deliver a satisfactory Product to you, which is free from defects. However, we are not responsible for mistakes in the Product relating to content generated by us or submitted to us including, without limitation, the choice of page layouts, or spelling and grammatical mistakes, or the inclusion of any special characters and symbols not supported by the stated character sets. B. If any Product arrives damaged or defective, please notify Collator via email to collator@lacma.org within ten (10) days of your Order being delivered to you. Please include your Order number in that email message and, where possible, attach a digital photograph as evidence of the defect or damage. Subject to paragraph A above and subject to or compliance with this paragraph B, Collator will replace any Product that is damaged or defective at the time of delivery.
LACMA values all customers’ privacy and is particularly concerned to ensure the privacy of minors—please see the relevant Privacy Policy here. No child under the age of 13 can use the Services. Use of any part of the Services is confirmation that the person is over the age of 13. You agree that LACMA shall not be held responsible in the event that an Account holder falsely claims or implies that such Account holder is 13 years of age or over. LACMA may terminate with immediate effect the Account of any user if LACMA becomes aware that such user is under the age of 13.
Re-publication of the Website or its content is strictly prohibited. You are solely responsible for ensuring that each Product in your possession or control is not lost, destroyed, or damaged, and LACMA shall not be liable to you in such circumstances. You are solely responsible for all information that you submit into the Services. LACMA has no obligation to proof, edit, or change any of the content in any Product.
Certain content, products, and services available via the Services (including the Product) may include materials, including intellectual property, owned by third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any person and that LACMA is not in any way responsible for any such use by you. This Website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When you visit third-party websites from hyperlinks displayed on this Website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide may be collected, stored, used, and distributed.
LACMA respects the intellectual property of others, and asks and expects you to do the same. LACMA may, as appropriate and at its total discretion, terminate the user privileges of those users whose activities are determined by LACMA to infringe the intellectual property rights of LACMA or others. You agree that: a) the Services, including but not limited to the Product, artistic works, graphics, user interface, video, editorial content, computer programs, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by LACMA, which reserves all its rights in law and equity, and is protected by applicable intellectual property and other laws (including, without limitation, copyright); b) you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms; c) you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services (including the Product) in any manner, and you shall not exploit the Services in any way not expressly authorized by these Terms whatsoever. Your creation or purchase of a Product does not transfer to you any commercial or promotional use rights in that Product. Customizing, exporting, or downloading the Product does not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Product. The use of any part of the Services, except for use of the Services and production and delivery of each Product to you as permitted in these Terms, is strictly prohibited and may infringe on the intellectual property rights of others and you acknowledge that such use may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement or violation of other third party intellectual property rights, including rights of privacy or publicity. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Product) or otherwise tamper with any of the security technology related to Collator or lacma.org for any reason, or attempt or assist another person to do so. Any attempt to do so is a violation of the rights of LACMA or its licensors. If you breach this restriction, you may be subject to prosecution and damages. LACMA Collator logo, Collator, the LACMA logo, and other LACMA Collator Curated Titles trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of LACMA or our licensors worldwide. The LACMA logo is a trademark of Museum Associates/Los Angeles County Museum of Art. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or any use of such trademarks. Some elements used in connection with our Services are owned by third parties and have been used under license. LACMA acknowledges that certain photographs featured on this Website have been supplied by LACMA’s photographers or by third-party professional photographers. The images of the Products reproduced on the Website include intellectual property owned by LACMA and by third parties who have supplied images, text, fabric designs, and other design elements. We ask you to respect that intellectual property and by accepting these Terms and Conditions you agree to do so.
The Services may allow storage of your data and incomplete Products under your Account for ease of use. We will endeavor to store the data and incomplete Products for one (1) year for an active Account. You agree that LACMA may delete data and Products stored if LACMA determines (in its sole discretion) that an Account has become inactive. You agree that LACMA may treat an Account that has not been accessed for 90 days as inactive. We are not responsible for reminding you to use your Account or keep it active, but may choose to do so at our discretion.
If you fail, or LACMA suspects that you have failed, to comply with any of the provisions of these Terms, LACMA, at its sole discretion, without notice to you, may: a) terminate your Account; or b) terminate your license to use the Services; or c) prevent your access to the Services (or any part thereof). Upon termination of your access, your Account, or the above-mentioned license, you shall cease all use of all online forms of each Product. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
LACMA Collator book may not be available in all languages or in all countries. LACMA makes no representation that the Services or Product are appropriate or available for use in any particular location. You acknowledge and agree that, due to the nature of the Internet and the Services, all products and services are to the maximum extent permitted by law provided “as is,” without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the extent permitted by law, in no event shall LACMA be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if LACMA has been advised of the possibility of such damages. You and LACMA agree that any cause of action arising out of or related to the Website or the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.