Terms and Conditions

Terms of Use

Please note that the use of this website (barryartmuseum@odu.edu) constitutes an agreement to abide by the following terms and conditions. The Barry Art Museum reserves the right to update or modify these terms and conditions at any time without prior notice.

The Barry Art Museum (the "Museum") is committed to providing access to its collections and activities in as unimpeded manner as it can allow for as broad a public as it can reach. These Terms of Use apply to individuals and organizations (“you”) visiting the website (the “site”). By accessing this site, you agree to the following Terms and Conditions.

Trademarks and Copyrights

The text, images, and data on the Museum website (the "Site") are protected by copyright and may be covered by other restrictions as well. The Museum retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively, the "Materials"). Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.

The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL "barryartmuseum@odu.edu."

The Museum does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the artist or the artist's heirs or foundations holding rights to these works. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.

Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited.

The Photography section on the Museum website may assist you in interpreting permitted uses in these Terms and Conditions.

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

Links to and from Third-Party Sites

Without limiting the foregoing, all Materials on the Site are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Site or your downloading of any Materials from the Site.

The Museum has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or other sites linked to the Site. Your linking to any off-site pages or other sites is at your own risk.

The Museum may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions.

Your Privacy

The Museum is committed to protecting the privacy of visitors to its website. Please see Old Dominion University's Privacy Policy for further information.

Disclaimer

The Barry Art Museum makes no representations or warranties of any kind, express or implied, as to the site’s operation or the information, content, or materials included on the site, all of which are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, the Museum hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. The Museum will not be liable for any damages of any kind arising from your use of or inability to use the site. You expressly agree that you use the site, or any materials or content from the site, solely at your own risk. You also hereby agree to indemnify The ODU Museum Foundation and the Museum, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys’ fees) resulting from any claim brought by any third party relating to your use of the site or any materials or content obtained from the site.

Limitations on Liability

The Museum takes reasonable efforts to include accurate and up-to-date information on the site but makes no warranties as to its accuracy. The Museum has not reviewed any sites linked to the site and is not responsible for the content of any off-site pages or any websites linked to the site. Your access to, and use of, the site, including your linking to any other off-site pages or other sites are at your own risk. The Museum does not endorse any third-party sites or any offers available through any such sites. The Museum has no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.

Applicable Law and Jurisdiction

These Terms of Use and any amendments or revisions shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the State or Federal Courts located in the Commonwealth of Virginia.

Revised: August 2020