Teams of use
Terms of use
Acceptance of Terms and Conditions
Dunhuang Contemporary Art Museum provides this website (dunhuangartmuseum.com) and the Online Store (together, the “Dunhuang Contemporary Art Museum website”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE Dunhuang Contemporary Art Museum WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). Dunhuang Contemporary Art Museum 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 EXIT THE Dunhuang Contemporary Art Museum WEBSITE NOW AND REFRAIN FROM FURTHER USE.
PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
Protection of privacy
Dunhuang Contemporary Art Museum is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Dunhuang Contemporary Art Museum website is governed by Dunhuang Contemporary Art Museum’s Privacy Policy. Please note that the Dunhuang Contemporary Art Museum website is not specifically dedicated to children and Dunhuang Contemporary Art Museum does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the Dunhuang Contemporary Art Museum website.
Trademarks
The names, titles, trademarks, service marks, and logos that appear on the Dunhuang Contemporary Art Museum website are registered and unregistered marks of Dunhuang Contemporary Art Museum. You may not use the Dunhuang Contemporary Art Museum Trademarks without Dunhuang Contemporary Art Museum’s prior, written permission.
The trademarks of third parties may also appear on the Dunhuang Contemporary Art Museum website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Dunhuang Contemporary Art Museum website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Dunhuang Contemporary Art Museum Trademarks or may be construed to mean that Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Dunhuang Contemporary Art Museum retains all rights it may hold, including copyright, in 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, Dunhuang Contemporary Art Museum. Dunhuang Contemporary Art Museum 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.
Online Virtual Cinema Screenings
Content included as part of Dunhuang Contemporary Art Museum’s Online Virtual Cinema Screenings on the Dunhuang Contemporary Art Museum website is protected by copyright laws and may be covered by other restrictions as well, including, but not limited to geo-locational and access restrictions. Such content is made available to authorized users for personal, non-commercial use only. Dunhuang Contemporary Art Museum expressly prohibits the use of any of the content made available as part of Dunhuang Contemporary Art Museum’s Online Virtual Cinema Screenings for any commercial purpose, educational purpose or any other purpose without prior written consent in each instance, and further prohibits the downloading of any such content. Authorized users are responsible for keeping their authentication credentials confidential and are prohibited from sharing their authentication credentials with others. Dunhuang Contemporary Art Museum expressly prohibits any attempt to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Online Virtual Cinema Screenings for any reason, or to interfere with, remove or alter any digital rights management information on the Dunhuang Contemporary Art Museum website, or to attempt or assist another person to do so.
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 with respect to content included as part of Dunhuang Contemporary Art Museum’s Online Virtual Cinema Screenings or unless otherwise noted, users who wish to download or print text, audio, video, image and other files from Dunhuang Contemporary Art Museum’s website for such uses are welcome to do so without Dunhuang Contemporary Art Museum’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 dunhuangartmuseum.com.
By downloading, printing, or otherwise using text, audio, video, image and other files from the Dunhuang Contemporary Art Museum website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Dunhuang Contemporary Art Museum’s or any other party’s proprietary rights.
Commercial use is prohibited
Unauthorized downloading, publication or exploitation of Dunhuang Contemporary Art Museum’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission.
Reservation of rights
All rights not expressly granted by Dunhuang Contemporary Art Museum herein are specifically and completely reserved. Nothing on the Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum has authority to grant any right or license on behalf of any third party.
Unrestricted forums
Dunhuang Contemporary Art Museum at times may provide unrestricted forums on the Dunhuang Contemporary Art Museum website for the exchange of ideas and information by participants. Dunhuang Contemporary Art Museum 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 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 Dunhuang Contemporary Art Museum website that you do not own, Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum stores. By submitting any such comments or reviews (the “Comments”) you hereby grant to Dunhuang Contemporary Art Museum 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, Dunhuang Contemporary Art Museum, 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 Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum’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.
Dunhuang Contemporary Art Museum may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the 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 Agent
Dunhuang Contemporary Art Museum respects the intellectual property of others, and asks users of the Dunhuang Contemporary Art Museum website to do the same. Dunhuang Contemporary Art Museum may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Dunhuang Contemporary Art Museum 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 Dunhuang Contemporary Art Museum’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 Dunhuang Contemporary Art Museum 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. The Museum’s agent for notice of claims of copyright infringement can be reached as follows:
By mail:
3rd Floor, South Floor, No. 1687 Changyang Road, Yangpu District, Shanghai (380 meters walk from Exit 2 of Ningguo Road Metro Station)
By email:
info@dunhuangartmuseum.com
Submissions
Any communication or material you post, transmit, or distribute to the Dunhuang Contemporary Art Museum website by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online Dunhuang Contemporary Art Museum event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you so transmit or post may be used by Dunhuang Contemporary Art Museum or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Dunhuang Contemporary Art Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Dunhuang Contemporary Art Museum website or submit in any virtual or online Dunhuang Contemporary Art Museum event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and indemnification
By using the Dunhuang Contemporary Art Museum website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Dunhuang Contemporary Art Museum, 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 Dunhuang Contemporary Art Museum website.
DISCLAIMER OF WARRANTIES
Dunhuang Contemporary Art Museum PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. Dunhuang Contemporary Art Museum 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. Dunhuang Contemporary Art Museum DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Dunhuang Contemporary Art Museum 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. Dunhuang Contemporary Art Museum ASSUMES 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 Dunhuang Contemporary Art Museum, 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.
Severance and waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Dunhuang Contemporary Art Museum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Dunhuang Contemporary Art Museum.
Venue and choice of law
These Terms and Conditions and the relationship between you and Dunhuang Contemporary Art Museum shall be governed by, construed and enforced in accordance with the laws of the China.
Entire agreement
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
Last update: October 21, 2024