Terms & Conditions

This website (“Website”), located at cabrilloart.com, is published and maintained by the Cabrillo Art Cave located in the Inner Richmond of San Francisco. By accessing and using the Website, and/or using the services offered on or through the Website (the “Services”), you agree to this Terms of Use Agreement as it may be amended from time-to-time.

1. Website Purpose. The purpose of the Website is to provide the public with general information about the Cabrillo Art Cave (“the Cave”) and the materials in the Cave’s collection. The Website, all Services, and all Content (meaning all material on the Website or offered through the Services, including, without limitation, all images, text, audio, video marks, logos, software, and their selection and arrangement) are provided only for personal, educational, and non-commercial use. Commercial use or publication of images and content on this site is specifically prohibited.

2. Copyright Ownership and Restrictions. All Content is owned and controlled by the Cave, its artists and/or their respective affiliates and licensors, and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content.

3. Intellectual Property. This website and its contents are owned by the Cabrillo Art Cave or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials and trademarks, are used by permission of third parties. THIS WEBSITE AND ITS CONTENTS MAY NOT BE REPRODUCED, MODIFIED, DISTRIBUTED, DISPLAYED, PERFORMED, OR USED IN ANY WAY WITHOUT THE PRIOR WRITTEN PERMISSION OF THE CABRILLO ART CAVE AND THE APPLICABLE ARTIST. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAVE AND ITS ARTISTS FROM YOUR MISUSE, REPRODUCTION, MODIFICATION, DISTRIBUTION, DISPLAY OR PERFORMANCE OF ANY OF THE ARTWORK, IMAGES OR OTHER CONTENT ON THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE.

4. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), you may contact the Cabrillo Art Cave at email address info@cabrilloart.com. To file a notice of infringement with the Cave, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

5. Inappropriate Use and Access.


a. You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law. 


b. You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself. 


c. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on the Cave’s network infrastructure, as determined by the Cave in its sole discretion.


d. You may not interfere or attempt to interfere with the proper working of the Website or any Services.


e. You may not bypass any measures the Cave may use to prevent or restrict access to the Website, Content, or Services.


f. You may not link from any other website to this Website in any manner such that this Website, or any Content, is “framed” or surrounded by any other content, materials, or branding.

6. Privacy. Use and release of information gathered from the Website is governed by the Cabrillo Art Cave Privacy Policy (“Privacy Policy”), which is linked here and incorporated herein by reference.

7. Disclaimer. Your use of the Website, Content, and Services is at your own risk. THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, THE CAVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR THE CAVE’S NEGLIGENCE. 
UNDER NO CIRCUMSTANCES WILL THE CAVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF THE CAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CAVE’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.

8. Links. The Website may contain links to other websites (“Linked Sites”) operated by parties other than the Cave. The Cave has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and the Cave is not responsible for the content of any off-site pages or other Linked Sites. The Cave’s inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators.

9. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAVE AND ITS ARTISTS, AND THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS AND PRINCIPALS FROM YOUR VIOLATION OF THESE TERMS OF USE.

10. Termination. The Cave may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons the Cave might do so include, but are not limited to, the following: a. your breach of this Agreement; b. the Cave is unable to verify or authenticate any information you provide to us; or c. the Cave believes that your actions could cause financial loss or legal liability to the Cave or other users of the Website; and d. routine network maintenance affecting all users.

11. Changes to this Agreement. The Cave retains the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any particular revision of this Agreement will constitute your acceptance of the revised Agreement.

12. Your Responsibility. The Cabrillo Art Cave encourages you to be mindful of the intent and purpose of its websites and be responsible for safeguarding your personally identifiable information.


a. Children. If under the age of 18: Some internet sites may ask you to share information about yourself. Before sending any information about yourself over the Internet to the Cabrillo Art Cave, be sure to ask your parents for permission. If under the age of 13: If you are under the age of 13, your parent/legal guardian will need to verify that they permit you to disclose personally identifiable information via the Cave website.


b. Parents/Legal Guardians. The Cabrillo Art Cave encourages you take an active role in your children’s use of the internet by talking with them about safe and responsible computing before sending any information about themselves over the internet. Children Under the Age of 13: If your child is under the age of 13, the Cabrillo Art Cave requests that you review the website and follow requested verification procedures before permitting your child to submit personally identifiable information.

13. Governing Law and Venue. The Website is created and controlled by the Cave in the state of California. This Agreement is governed by the laws of the state of California, without regard to its conflict of laws principles. By using the Website, Content, or Services, you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California in all disputes arising out of or relating to your use.

14. General. This is the entire agreement between you and the Cave and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The Cave’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.

Contact: 
Direct all questions regarding this statement to the Cabrillo Art Cave by email.