General Information About The Terms and Conditions
The Balboa Park Online Collaborative provides this website (the “Website”), the Balboa Park Commons, in support of the educational and charitable missions of the participating Museums and Cultural Institutions. The goal of the Website is to further the understanding of the humanities by the public by providing online access to the Balboa Park cultural institution’s digital collections.
The Balboa Park Museum and Cultural Institutions participating in the Balboa Park Commons are the Mingei International Museum, the Museum of Photographic Arts, the San Diego Air and Space Museum, the San Diego Museum of Art, the San Diego Museum of Man, the San Diego Natural History Museum and The Timken Museum of Art. Participating institutions may change at any time and collections are updated on an ongoing basis.
Your Agreement to Terms and Conditions
YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (the “Terms and Conditions”). THE BALBOA PARK ONLINE COLLABORATIVE MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS PLEASE REFRAIN FROM USING THE BALBOA PARK COMMONS WEBSITE AND REFRAIN FROM FURTHER USE. By accessing or using the Website you also represent that you have the legal authority to accept the Terms and Conditions on behalf of yourself and any party you represent in connection with your use of the Website.
About this site
The Balboa Park Commons is an online portal representing the digital collections of the Balboa Park Museums and Cultural Organizations. It gives you the ability to browse and search a variety of museum collections, as well as look at featured collections (referred to as “Sets”) arranged by the Museums. It also allows you to create your own Sets of the collections, and save and download the Sets for personal and educational use. The site requires you to create a user account in order for your sets to be saved, accessed and retrieved. You also need to be logged in to the website to download individual images.
The Website may contain trademarks, service marks, logos and other names that are the property of Balboa Park Online Collaborative. Such trademarks, logos and icons may only be used in accordance with our trademark policy.
By downloading the files and text from this Website, you agree to limit the use of such files to Fair use and not to violate the Museums and Cultural Institutions or any other party’s property rights.
All content on this site is protected by copyright laws. Images, text, software, documentation, electronic text and image files, audio and video files and clips and other materials (collectively referred to as the “Materials”) on the Balboa Park Commons site are protected by copyright laws and may be covered by other restrictions as well. The Museums and Cultural Institutions retain all rights it may hold, including copyright, data, image, text and any other information contained in these files. Copyrights and other proprietary rights in the Material on this website may also subsist in individuals and entities other than, and in addition to the Balboa Park Institutions represented on this site.
Commercial Use is Prohibited
Commercial use of Materials on the Website is strictly prohibited. Anyone wishing to use any of these Materials for commercial use, publication, or any purpose other than Fair use as defined by law, must request and receive prior permission from the individual Institution representatives for them. Contact information for each museum is located on this website at http://www.balboaparkcommons.org/collections/listview . Museums can be contacted via phone or email at:
Reservation of Rights
Nothing on the Balboa Park Commons website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Museums and Cultural Institutions has any authority to grant any right or license on behalf of any third party.
Any communication or material you post, transmit, or distribute to the Balboa Park Commons website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and shall be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by the Balboa Park Online Collaborative or its Museum affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting.
Users agree not to use the Website to:
Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
Post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
Post, use or transmit content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
Intimidate or harass another;
Use or attempt to use another’s account, service, or personal information;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
Attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website;
Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
Post or transmit any personally identifiable information about persons under 12 years of age.
This website provides an API for software developers to use the collections for educational use. Notwithstanding all the above User Conduct rules, we encourage developers to use the collection content to contribute to collection access initiatives in support of the humanities. This use does not include harvesting all the images and metadata and republishing it online in bulk to replicate what already exists on this website, http://balboaparkcommons.org.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); or, (ii) use the Website in any manner that could disable, overburden, damage or impair such the Website, or interfere with any other party’s use and enjoyment of the Website.
WARRANTY AND INDEMNIFICATION
By using the Balboa Park Commons Website in any manner, you represent and warrant that your use shall be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold the Balboa Park Online Collaborative, its affiliates, trustees, directors, officers, employees, or agents 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 Balboa Park Commons Website.
DISCLAIMER OF WARRANTIES
THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS PROVIDE THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS DO NOT WARRANT THAT THE SITE SHALL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS MAKE REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER THE BALBOA PARK ONLINE COLLABORATIVE AND THE MUSEUMS AND CULTURAL INSTITUTIONS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR 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 SITE, CONTENT, AND/OR COMPILATION.
The Balboa Park Online Collaborative and the Museums and Cultural Institutions are committed to protecting your privacy when you visit the Balboa Park Commons Website. In order to take advantage of the ability to create and download Sets, groupings of collection images and text, you must create and account and provide a username, email address and password.
Children Twelve and Under
The Balboa Park Online Collaborative and the Museums and Cultural Institutions do not solicit personal information from children. Visitors twelve year of age and under should remember that they are required to obtain an adult’s permission before submitting any personal information this or any other website.
Cookies are small files of information that are stored on your computer’s hard drive by your Web browser. The cookies we use do not contain any personal information. Most Web browsers automatically accept cookies, but you can change the preference of your browser so that it does not accept them.