Effective: July 18, 2023
The Eames Institute of Infinite Curiosity (“EI”) provides this website (www.eamesinstitute.org) and EI’s online store (if and when applicable) (collectively, the “EI website”) in support of its charitable and educational mission to further the understanding and appreciation by present and future generations of the public of the groundbreaking design work of Ray and Charles Eames.
PROTECTION OF PRIVACY
ACCESSING THE WEBSITE
EI reserves the right to withdraw or amend this website and any services EI may provide, and any other service or material EI provides on the website and with any services, in EI’s sole discretion without notice. EI will not be liable if for any reason all or any part of the website or any services are unavailable at any time or for any period. From time to time, EI may restrict access to some parts of the website or any services, or the entire website or services, to users, including registered users.
The names, titles, trademarks, service marks, and logos that appear on the EI website are registered and unregistered marks of EI, including but not limited to The Eames Institute word mark, The Eames Institute design mark, Kazam! and The Eames Ranch word mark (“EI Trademarks”). You may not use the EI Trademarks without EI’s prior, written permission.
The trademarks of third parties may also appear on the EI website from time to time (including but not limited to the “Eames” word mark which is used by EI under license from the Eames Office, LLC); you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the EI website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the EI Trademarks or may be construed to mean that EI has authority to grant any right or license on behalf of any third party trademark owner.
ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the EI website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. EI retains all rights it may hold, including copyright, in data, image, text and image files, audio and video files and clips, contained in these files and other materials and any other information contained on the EI website. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than and in addition to EI, including but not limited to the Eames Office, LLC. EI expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
FAIR USE IS PERMITTED
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Except as otherwise expressly stated elsewhere on the EI website, users who wish to download or print text, audio, video, image and other files from EI’s website for such uses are welcome to do so without EI’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.eamesinstitute.org.”
In each instance where material contained on the EI website, or the copyright for any such material, is owned by the Eames Office, LLC, any use thereof, including any use that may qualify as fair use, must first receive written permission directly from the Eames Office, LLC, which permission may be sought by contacting the Eames Office, LLC at firstname.lastname@example.org
By downloading, printing, or otherwise using text, audio, video, image and other files from the EI website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files solely to fair use, and will not violate EI’s or any other party’s proprietary rights.
COMMERCIAL USE IS PROHIBITED
Unauthorized downloading, publication or exploitation of EI’s files, text, images or other materials or information for commercial purposes is specifically and expressly prohibited. Anyone wishing to use any of EI’s files, text, images or other materials or information for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce such protected works from EI’s collection must be sent via email to: email@example.com
OTHER PROHIBITED USES
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without EI’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate EI, an EI employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or services, or which, as determined by EI, may harm EI or users of the website or services, or expose them to liability.
Additionally, you agree not to:
- Use the website or services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website or services, including their ability to engage in real time activities through the website or services.
- Use any robot, spider, or other automatic device, process, or means to access the website or services for any purpose, including monitoring or copying any of the material on the website or services.
- Use any device, software, or routine that interferes with the proper working of the website or services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the services, the server on which the website or services is stored or accessed, or any server, computer, or database connected to the website or services.
- Attack the website or services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the website or services.
MONITORING AND ENFORCEMENT; TERMINATION
By using the website or any services, you understand and agree that EI has the right to:
- Remove or refuse to post any Comments (as defined below) or any other user contributions for any or no reason in EI’s sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, EI have the right to cooperate fully with any law enforcement authorities or court order requesting or directing EI to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS EI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EI OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER EI OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
By using the website or any services, you understand and agree that EI cannot review all material before it is posted on the website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, EI assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. EI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all Comments and other user provided content or contributions and the use of any services. All Comments and other user provided content or contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, all Comments and other user provided content or contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by EI or any other person or entity, if that is not the case.
RELIANCE ON INFORMATION POSTED
The information presented on or through the website or any services is made available solely for general information purposes. EI does not warrant the accuracy, completeness, or usefulness of this information in any manner. Any reliance you place on such information is strictly at your own risk. EI disclaims all liability and responsibility arising from any reliance placed on such material by you or any other users to the website or of the services, or by anyone who may be informed of any of its contents.
This website and any services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in those materials, and all articles and responses to questions and other content, other than the content originating from and provided by EI, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of EI and are not endorsed by EI in any manner. EI is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to EI’s homepage, provided you do so in a way that is fair and legal and does not damage EI’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without the prior express written consent of an authorized representative of EI.
This website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this website.
- Send emails or other communications with certain content, or links to certain content, on this website.
- Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they may be provided by EI, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions of use that EI may provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause this website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of this website other than the homepage.
You agree to cooperate with EI in causing any unauthorized framing or linking immediately to stop. EI reserves the right to withdraw linking permission without notice.
EI may disable all or any social media features and any links at any time without notice in EI’s sole discretion.
LINKS FROM THE WEBSITE
If this website or any services offered through the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. EI has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
RESERVATION OF RIGHTS
EI at times may provide unrestricted forums on the EI website for the exchange of ideas and information by participants. EI does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly waive or otherwise abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the EI website that you do not own, EI requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the EI website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
REVIEWS AND COMMENTS
You may have an opportunity to comment on or provide reviews of products purchased from EI website or a physical store. By submitting any such comments or reviews (the “Comments”) you hereby grant to EI a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, EI, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to EI the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or EI’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
EI may use your Comments for a variety of purposes including the purposes described above, and including for purposes of clarity and not limitation, inclusion on EI’s website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).
DIGITAL MILLENNIUM COPYRIGHT ACT ENFORCEMENT
EI respects the intellectual property of others, and expects and requires users of the EI website to do the same. EI may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the EI website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to EI’s Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the EI website;
- your address, telephone number, and email address;
- 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. EI’s agent for notice of claims of copyright infringement can be reached as follows:
Digital Product Director, The Eames Institute of Infinite Curiosity, 1251 San Antonio Road, CA 94952
Any communication or material you post, transmit, or distribute to the EI website by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online EI event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you so transmit or post may be used by EI or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement or other government agencies or others), transmission, publication, broadcast, and posting. Furthermore, EI is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the EI website or submit in any virtual or online EI event or program for any purpose whatsoever including but not limited to, creating, developing, producing, marketing and selling products or services using such information.
WARRANTY AND INDEMNIFICATION
DISCLAIMER OF WARRANTIES
EI PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. EI DISCLAIMS 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. EI DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. EI MAKES 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. EI ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF ANY CONTENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER EI, ITS AFFILIATES, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO EITHER OF THEM, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF EI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SEVERANCE AND WAIVER
VENUE AND CHOICE OF LAW