Terms of Use
The Nick Hamatake Foundation (the “Foundation”) provides hamatake.org and its subdomains, and subpages (collectively, “Websites”) in support of the Foundation’s mission to collect, preserve, study, loan, and promote appreciation for Japanese art. By accessing the Websites, users agree to be bound by the following terms and conditions, which the Foundation may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
Copyright and Proprietary Rights
The text, images, trademarks, data, and other content on the Websites (collectively, the “Materials”) are proprietary to the Foundation. The Foundation retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Foundation.
Authorized Uses
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 text “Nick Hamatake Foundation” but not in any way that implies endorsement of the user or the user’s use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Foundation’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Foundation. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.
Terms of use specific to the images displayed on the Websites are contained in the License to Use Foundation Imagery. Users should review these terms carefully before using any images from the Websites.
Users may not modify Materials on the Websites.
All rights not expressly granted herein by the Foundation are specifically and completely reserved.
Ownership and Availability of Works
The Foundation makes no claim to current ownership or loan availability of any piece of art appearing on the Websites. Nevertheless, works that are not currently owned by the Foundation may be imminently accessible to the Foundation through its relationships with art dealers, private collectors, museums, or other organizations. Interest and feedback expressed by users may guide the Foundation in making acquisitions, but the Foundation retains ultimate control over all acquisition and de-accession decisions.
Security
By using the Websites, users agree to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
Privacy
The Foundation is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Websites is governed by the Foundation’s Privacy Policy. Please note that the Websites are not specifically dedicated to children and the Foundation does not actively solicit information from children. Children under the age of thirteen are required to obtain permission from an adult before submitting personally identifiable information or other content to the Websites.
Links to Third Party Sites
The Foundation has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Foundation provides these links as a convenience, and navigating to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Foundation.
Disclaimer of Warranties
Without limiting the foregoing, all Materials on the Websites 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, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Foundation may update, change, or delete content at any time. The Foundation makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Foundation assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Foundation may discontinue or take down the Websites or any section or Material within the Websites at any time.
Limitation of Liability
NEITHER THE FOUNDATION, 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 THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
Digital Millennium Copyright Act (DMCA)
The Foundation is committed to complying with U.S. copyright and related laws, and requires all users of the Websites to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Foundation immediately to report any concerns of infringement by providing notice to the Foundation’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to: info@hamatake.org; if such notice is by mail, please address it to: Designated Copyright Agent, Nick Hamatake Foundation, PO Box 24842, Los Angeles, CA 90024.
Indemnity
The user agrees to indemnify, defend, and hold the Foundation and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to use of or operation of the Websites or any of their Materials.
Entire Agreement; Severance; Waiver
These Terms and Conditions incorporate by reference any notices on the Websites and, together with the Privacy Policy and any end-user license agreements, constitute the entire agreement regarding user access to the Websites. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Foundation’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
Applicable Law and Jurisdiction
These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Los Angeles County and the State of California, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.