LiveWireTEC Terms of Use

Terms of Use

Last Updated: January, 2009

LiveWireTEC has created and maintains www. LiveWireTEC.net in order to provide information about LiveWireTEC, including exhibition, collection, event and visitor information. By accessing and using this website, you acknowledge and accept the following terms and conditions. LiveWireTEC may revise these terms and conditions at any time, and therefore, it is your responsibility to be in compliance with our current terms and conditions. If you do not agree to these terms of use, please do not use the website.

Copyright

The contents of this website, including all images, text, video and audio (hereafter referred to as "materials") are owned by the LiveWireTEC or used by LiveWireTEC in accordance with copyright laws and with the appropriate third party's permission.

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, forward and download documents, audio and video found on our website for personal, noncommercial or educational purposes only.

Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending or storage in any retrieval system of the materials is prohibited without the consent of the LiveWireTEC. Removal of any digital watermark, proprietary notices or accompanying text that may be included on or with the image is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and materials.

Copyright, certain moral rights and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on this website, may be held by individuals and/or entities other than LiveWireTEC. This includes reproductions of works of art licensed to LiveWireTEC by third parties, such as an artist or an artist's estate holding rights to these works.

You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website.

Trademark

All trademarks, service marks and trade names of LiveWireTEC used herein are trademarks or registered trademarks of LiveWireTEC or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Seattle Art Museum trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without LiveWireTEC’s prior written consent. The use of LiveWireTEC trademarks on any other website or network computer environment is not allowed. You may not use the LiveWireTEC trademarks as a hotlink on or to any other website unless establishment of such a link is approved in advance.

You shall not use LiveWireTEC's name or any language, pictures or symbols which could, in LiveWireTEC's judgment, imply LiveWireTEC's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book or other written material of whatever nature, without prior written consent.

Inappropriate Material

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the website or the website or through Voice computer systems is expressly prohibited by these terms of use. Any such unauthorized use of our computer systems is a violation of these terms of use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Fees

For all charges for any products and services sold via the website, we will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse LiveWireTEC for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the website; or (iii) bypass any measures we may use to prevent or restrict access to the website.

Force Majeure

Neither LiveWireTEC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy

Your use of our website and Materials is subject to our privacy policy. Please read our privacy policy page.

Disclaimer

Your use of and browsing of this website are at your own risk. EVERYTHING ON THIS WEBSITE 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 OR NONINFRINGEMENT. LiveWireTEC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. LiveWireTEC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LiveWireTEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT LiveWireTEC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Indemnification

You agree to defend, indemnify and hold LiveWireTEC and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.

Limitation of Liability

THE LiveWireTEC DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT SHALL LiveWireTEC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF SEATTLE ART MUSEUM OR A LiveWireTEC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LiveWireTEC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR THE PURCHASE OF YOUR ITEM(S).

Links

The LiveWireTEC’s website may contain links to websites operated by parties other than the LiveWireTEC. Such links are provided for your reference only. The LiveWireTEC does not control such websites and is not responsible for their contents. The LiveWireTEC 's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Termination

You or we may suspend your use of this website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Suggestions

All suggestions received through our website become the sole property of the LiveWireTEC. Should a suggestion be implemented, the LiveWireTEC is under no obligation to provide compensation.

This website is created and controlled by LiveWireTEC in the State of Washington. These disclaimers, terms and conditions of use are governed by the laws of the State of Washington. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in Snohomish County, Washington in all disputes arising out of or relating to the use of this website. These terms and conditions are the entire agreement between the user and LiveWireTEC and supersedes any prior understandings or agreements (written or oral). If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Seattle Art Museum's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

My LiveWireTEC

The My LiveWireTEC feature lets visitors select objects from the LiveWireTEC to create their own collection web pages. This page can be updated by the visitor at any time, emailed to a friend, and submitted for consideration for public display on the LiveWireTEC's website. When you click the box "Make this collection public" a copy of your collection will be sent to the My LiveWireTEC administrator for review. By submitting your collection, you are agreeing to the following:

All material submitted as "public" for My LiveWireTEC may be chosen for display on the LiveWireTEC's website at the LiveWireTEC's sole discretion. The LiveWireTEC reserves the right to include, exclude, modify, or delete any text submitted. The review process may take up to several weeks.

Please note, if you make any changes to your collection it will automatically be resubmitted for approval.

By selecting the "Make this collection public" checkbox, you are granting the LiveWireTEC permission to publish this material on the LiveWireTEC's website, and to publish your user name in connection with your collection. By selecting "Make this collection public," you warrant that you solely own or otherwise control all of the rights to any text included in your collection, including the rights necessary to submit the text for publication.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is mail@livewiretec.net.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;

Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;

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;

A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number and email address; and

Your physical or electronic signature.

Contact

For questions regarding our terms of use, please contact:

LiveWireTEC
P.O. Box 1835
Granite Falls, WA 98252
360-691-1320
mail@livewiretec.net