Effective Date: 1/29/2024
This website is owned and operated by Danville Museum of Fine Arts & History (“DMFAH,” “us,” “we,” and “our”). This Terms of Service (“Terms”) contains the terms and conditions that govern your use of our website https://danvillemuseum.org/ and the services offered on the website (the “Website”). Use of this Website constitutes your acceptance of and agreement to these Terms. If you do not agree to be bound by these Terms, please promptly exit the Website. Please also consult our Privacy Policy for a description of our data collection practices and privacy policies. Additionally, specific pages on the Website may set out additional policies, terms, and conditions, including Satisfaction Guaranty and Returns, and FAQs all of which are incorporated by this reference into these Terms.
These Terms provide that all disputes between you and DMFAH will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution and Arbitration for full details.
Our Website and Services
DMFAH provides a number of Internet-based services through the Website (collectively, the “Services”). One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints (collectively, “Products”). Users may create and purchase individual Products for their own use through the Services. We may offer a number of additional services on the Website, such as galleries, message boards, contests, and newsletters, which may change from time-to-time.
All pages within this Website and any material made available for download are the property of Circle Graphics, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The contents of the Website, including, without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website (collectively, “Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in these Terms or in writing by Circle Graphics. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, the Content, or other proprietary information (including images, text, page layout, or form) without our written consent.
Use of the Website and Services
Use of the Services is restricted to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use the Services and the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for any prohibited purpose, to compete with us, to create derivative works based on the Content of the Website, or download or copy the Website (other than page caching).
In the event access to the Website or a portion thereof requires establishing an account with a username and password (“Protected Areas”), you agree to access Protected Areas using only your account as provided to you by DMFAH. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to any third party. You agree that you are fully responsible for all activity occurring under your account. Your access to the Website may be restricted or revoked by us at any time with or without cause.
We may use third parties to provide certain services accessible through the Website. These third parties may have their own terms of service and other policies with which you must comply. If any such terms or policies conflict with these Terms, or any other agreements or policies referenced herein, you must comply with these Terms, and such other agreements and policies, as applicable.
You may purchase Products and Services on the Website. We accept all major credit cards issued by U.S. banks. If you purchase any Products or Services, you agree to do so in accordance with instructions provided on the Website, and agree to comply with any additional terms that may be provided. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will credit your account in the amount of the charge. You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued or you are authorized to make a purchase or other transaction with the card.
You may only use the Website and Services as expressly permitted by DMFAH. You agree to not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; (iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters, or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Services; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vii) engage in any activity that interferes with another user’s ability to use or enjoy the Services; (viii) deep-link to any feature or content on the Website, bypass our security, robot exclusion headers, or other; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of this Website, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with DMFAH.
We have made significant efforts to accurately display the images of our Products that appear on the Website and the Content. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Modifications and Severability
We may make changes to these Terms from time-to-time. We will notify you of any material changes by sending you an email, or posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures. Your continued use of the Website following posting of a change notice or new Terms on the Website will constitute binding acceptance of the changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, then any such offending term or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms.
Printing Services, User Generated Content, and Submissions
Professional Accounts
Price Disclosure
The full list price is a price at which we have offered the product for sale; however, we may not have sold the item at that price. A strike-through price is a comparison price based on a product’s full list price or the price at which another retailer offers the same item (although we cannot know whether another retailer actually sold the item at the offered price).
Shipping
All items purchased through this Website are made pursuant to a shipment contract. Title and risk of loss for all products ordered by you shall pass to you on our shipment to the shipping carrier. We reserve the right to ship partial orders.
For shipments to Canada, you authorize UPS Canada as chosen by Circle Graphics to act as your agent and to transact business with the Canada Border Services Agency (“CBSA”) to clear any merchandise, account for duties and taxes, return merchandise, and prepare and submit refund claims on your behalf for any merchandise that is returned. You acknowledge and agree that the CBSA shall send any refund of duties and taxes that were paid on the returned merchandise to the broker, and that you will obtain the refund directly from Circle Graphics. You authorize the custom broker to endorse any refund check issued by the CBSA in your name, so that Circle Graphics may be reimbursed.
Any and all products available for purchase or license on the Website are subject to the export control laws and regulations of the United States and any other countries, as applicable. In purchasing any of the products, you agree not to dispose through export, re-export, trans-shipment, or otherwise, of any product purchased or licensed from or through DMFAH, except in accordance with all applicable export control laws and regulations.
Representations and Warranties
You represent and warrant to DMFAH (i) that you have the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your obligations under these Terms does not constitute a breach of or conflict with any other agreement by which you are bound, and (iii) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You represent and warrant to DMFAH that, in your use of the Website and Services, (i) you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party; (ii) you will comply with all applicable laws, rules, and regulations; (iii) there are no claims, demands, or any form of litigation pending, or to the best of your knowledge, threatened against you with respect to any of the User Generated Content or Submissions; (iv) DMFAH will not be required to make any payments to any third party in connection with its use of the User Generated Content or Submissions; (v) the use of any instructions, formulae, recommendations, or the like contained in the User Generated Content or Submission will not cause injury to any third party; and (vi) the User Generated Content or Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Indemnification
You agree to indemnify and hold us, DMFAH, and our representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Parties”) harmless from and against any damage, loss, and expense (including, without limitation, attorneys’ fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought against any of the Parties (i) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (ii) arising out of any User Generated Content you post or allow to be posted to the Website or any Submissions, or (iii) arising out of your use or access of the Website, or access by anyone accessing the Website using your account.
For any indemnification under this Section, DMFAH will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Circle Graphics’ express written permission.
Disclaimers and Exclusions
DMFAH PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DMFAH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR ITS USE: (I) WILL BE UNINTERRUPTED; (II) WILL BE FREE OF INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DMFAH MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. DMFAH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. DMFAH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY CIRCLE GRAPHICS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability
DMFAH AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CIRCLE GRAPHICS TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
Notices
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by electronic mail. If you give notice to us, you must use the https://danvillemuseum.org/contact. If we provide notice to you, we will use the contact information provided by you to us. All notices will be deemed received 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
Copyright Infringement Claims
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below:
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent.
Notices of Alleged Infringement for Content Made Available on the Website
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by sending us a notice (“Notice”) complying with the following requirements.
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
The Notice should be delivered to https://danvillemuseum.org/contact
Counter Notices
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our designated copyright agent.
The Counter Notice should be delivered to https://danvillemuseum.org/contact
Dispute Resolution and Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. If you have a concern about your purchase or any other issue, please call DMFAH’s customer service. In the unlikely event that DMFAH is unable to resolve a complaint you may have to your satisfaction, then you and DMFAH each agree to be bound by these dispute resolution procedures.
You and DMFAH each agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website, your ordering of Products or Services from DMFAH or its affiliates through the Website, by phone, or through third-party websites offering DMFAH Products or Services shall be determined by binding arbitration.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO BRING AN ACTION IN COURT OR BEFORE AN ADMINISTRATIVE AGENCY. ARBITRATION IS MORE INFORMAL THAN COURT OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR’S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE EACH ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND CIRCLE GRAPHICS, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (“AAA”) describing your claim and serve a copy of the demand on our registered agent Copyright Manager Circle Graphics 120 Ninth Avenue. Longmont, Colorado 80501. The arbitration will be conducted by the AAA under its Commercial Arbitration Rules and Mediation Procedures, and for disputes arising from or related to the purchase of products or services for personal or household use the AAA’s Consumer Arbitration Rules will apply. AAA and the arbitrator will determine the appropriate rules that may apply as from time to time amended. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.com or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Circle Graphics will reimburse those fees (but not any attorney’s fees) for arbitration claims seeking less than $10,000 unless the arbitrator determines your claims are frivolous. Additionally, DMFAH will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location. The arbitrator shall be bound by these Terms.
As an alternative to arbitration, you may elect to submit a claim to a small claims court if the claim qualifies, but any filing or other fees will be your responsibility.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim in court would be decided by a judge, not a jury.
We also each agree that you or DMFAH may bring suit in court to seek temporary provisional relief such as to enjoin infringement or other misuse of intellectual property rights.
Governing Law
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND ANY CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, PRODUCTS AND SERVICES ORDERED OR PURCHASED THROUGH THE WEBSITE. IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE INTERNAL LAWS OF THE STATE OF Virginia (WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES) WILL GOVERN.
Effective Date: 1/29/2024
This website is owned and operated by Danville Museum of Fine Arts & History, (“DMFAH,” “us,” “we,” and “our”). This Privacy Policy describes how DMFAH collects, uses and shares information that is collected about you through our website, https://danvillemuseum.org/ (the “Website”). It also describes how we protect the security of your information and how you can contact us about our privacy practices. “Personal Information” refers to information that personally identifies you, such as your name, mailing address, telephone number, email address or Internet Protocol (IP) address, or that is otherwise defined as such under any applicable privacy laws. If you have any questions or comments regarding this Privacy Policy, please contact us at https://danvillemuseum.org/contact.
This Privacy Policy provides information on:
Changes to Our Privacy Policy
We may make changes to this Privacy Policy from time-to-time. We will notify you of any material changes by sending you an email, posting a notice on the home page of the Website, or posting a notice in your account when you first login after we have made changes. If you receive notification of a change in our Privacy Policy, you should review the new Privacy Policy carefully to make sure you understand our practices and procedures.
Information We Collect
DMFAH collects information about you when you access the Website, communicate with us through the Website or social media, use DMFAH’s web applications, or when you call or email us. We may also obtain information about you from our affiliates and business partners and from publicly available information. The information DMFAH may collect includes:
In addition, when you visit our Website, we may collect certain information by automated means, such as cookies, as described in more detail below. The information we may collect by automated means includes:
The Website does not respond to Do Not Track (DNT) signals. Third party applications and plugins, such as social media integration, may treat DNT signals differently.
No Information from Children Under Age 13. This Website is not directed to children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13, we will promptly delete that information. If you believe we have collected Personal Information from someone under age 13, please email us at https://danvillemuseum.org/contact. Prospective users between the ages of 13 and 17 can only use the Website and services under their parent’s or legal guardian’s supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we remove any of your information in our database and/or opt-out from receiving communications from us. If you wish to do so, please email us at https://danvillemuseum.org/contact.
How We Collect and Use Your Information
Personal Information. We use Personal Information primarily for internal business purposes, such as providing, maintaining, evaluating and improving the Website and the services offered through the Website, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create an account with us, we will use the information that you provide us to communicate with you. Similarly, if you sign up to subscribe to a newsletter, we will use the email address you provide to send you the newsletters. DMFAH may use your Personal Information for targeted marketing and customer analysis by linking your information with third-party demographic and household data to provide a more personalized service.
Google Analytics. We use Google Analytics to help analyze how users use the Website. Google Analytics uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Website (including IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the Website and to compile statistical reports on Website activity for DMFAH. For more information regarding how Google Analytics protects your data, please visit Google’s website at www.google.com/analytics/learn/privacy.html.
Microsoft Clarity. We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit https://privacy.microsoft.com/en-US/privacystatement.
Cookies.
Pixel Tags. We may use “pixel tags,” also known as “web beacons,” which are small graphic files that allow us to monitor the use of the Website. A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking activity on websites, or when emails are opened or accessed, and is often used in combination with cookies. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.
How We Share Your Information with Third Parties
Sub-Processors, Service Providers, and Online Partners. We contract with various third parties who help us provide, maintain, and improve the Website and the services. For example, we use a third party to process payments made to us, and may subcontract production, fulfillment, analytics, reporting or other operations. We may also contract with online partners to help manage, monitor, and optimize our Website, and to help us measure the effectiveness of our advertising, communications and how visitors use the Website. A complete list of sub-processors DMFAH currently uses can be requested by emailing https://danvillemuseum.org/contact.
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to respond to legal requirements, to protect or enforce our rights and policies, to protect or enforce the rights of a third party, to prevent harm to a person or as required or permitted by law (including, without limitation, to comply with a subpoena, court order, or lawful requests made by public authorities, including national security and law enforcement bodies).
Disclosure of Non-Personal Information. We may disclose your de-identified information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others.
Internet Advertising. We may use third party service providers to serve ads on our behalf across the Internet and sometimes on the Website. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services.
Mobile Messaging (SMS). Please see our SMS Terms and Conditions for more information.
Disclosure to Successors. If we sell our business or one of our brands, we may transfer or sell your Personal Information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable Privacy Policy unless you agree differently.
Your Consent. In addition to the sharing described elsewhere in this Privacy Policy, we may share Personal Information with companies, organizations or individuals outside of DMFAH if we obtain your consent to do so.
Basis for Collecting Your Information
DMFAH collects and processes your data to provide the products and services you have requested or purchased, and to monitor, evaluate and improve our business and the products and services we provide. We use your Personal Information to communicate with you concerning products and services you have requested or purchased, as well as other products and services we offer that you may be interested in. DMFAH has a legitimate interest (except as where otherwise noted, such as in the cookie consent banner or as necessary to fulfill a contract with a user) described above for processing personal information, including providing the Website, requested services, and improving the Website and services.
Data Storage and Retention
Your Personal Information is stored by DMFAH on its servers, and on the servers of the cloud-based database management services it engages, located in the United States. DMFAH retains data for the duration of the customer’s business relationship with DMFAH, for the purposes indicated in this Privacy Policy, or for such other period as may be permitted or required by law, whichever is longest.
How We Protect Your Personal Information
Personal Information. We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. When you enter information on our registration or order forms, that information is encrypted using Transport Layer Security (“TLS”) technology. However, since the Internet is not a 100% secure environment, we cannot guarantee the security of any information you transmit to us.
Website Content. It is your responsibility to protect the security of your account and login information. Please note that content that you store or transmit through the Website or services, or e-mails and other communications you send to us, are not encrypted. You should not assume that your content will be kept private, and we strongly advise you not to communicate any confidential or sensitive information through these means.
Making Changes to Your Personal Information
If you have questions about your Personal Information or need to update it, you can email us at https://danvillemuseum.org/contact. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes and to avoid identity theft or fraud and for other legitimate business purposes. You can opt-out of receiving marketing or promotional e-mails from DMFAH by going to the account management section of the Website, or by using the opt-out or unsubscribe feature contained in the marketing or promotional e-mails.
We also provide you the opportunity to opt-out of having your information used for certain purposes. For example, if you purchase a product but do not wish to receive additional marketing material from us, you can indicate your preference on our order form.
General Data Protection Regulation (“GDPR”) Compliance
The GDPR provides certain rights to online users located in European Union countries (“EU Data Subjects”). An EU Data Subject has the right to access or rectify their Personal Information that DMFAH processes. Subject to certain exceptions, an EU Data Subject has the right to request that DMFAH erase that Personal Information or restrict the processing of it. When technically feasible, DMFAH will, at the EU Data Subject’s request, provide that person’s Personal Information to them or transmit it directly to another data controller. EU Data Subjects also have the right to file a complaint with the appropriate data protection authority. EU Data Subjects may exercise their rights, and ask any other related questions, by emailing https://danvillemuseum.org/.
To comply with the GDPR’s requirements, DMFAH collects and transfers EU Data Subjects’ Personal Information to other countries outside the European Union only: (1) consistent with an adequacy decision under Article 45 of the GDPR; (2) pursuant to suitable safeguards; or (3) consistent with another permissible transfer mechanism where appropriate. More information concerning these transfers is available by contacting https://danvillemuseum.org/contact.
Third Party Websites
You may be able to access third-party websites directly from the Website. This Privacy Policy does not apply when you access third-party websites. We cannot control how third parties may use any information you disclose to them, so you should carefully review the privacy policy of any third-party website you visit.
If we intend to disclose your information to a third party in a manner that is not set forth in this Privacy Policy, you will be notified so that you can make an informed choice about sharing your information with that third party.
California Privacy Rights
Shine the Light. Under California’s “Shine the Light” law, California residents who provide Personal Information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared that information for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding 2019 sharing activities).
To obtain this information, please send an email message to https://danvillemuseum.org/contact with “Shine the Light Request” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
California Consumer Privacy Act (“CCPA”). The CCPA provides certain rights to California residents regarding their Personal Information. A California resident has the right to request that DMFAH disclose certain information, including: (1) the categories of Personal Information it has collected about that California resident, (2) the categories of sources from which the Personal Information is collected, (3) the business or commercial purpose for collecting or selling the Personal Information, (4) the categories of third parties with whom DMFAH shares Personal Information, (5) the specific pieces of Personal Information it has collected about that resident, and (6) the categories of Personal Information that DMFAH has sold about that resident and the categories of third parties to whom that information was sold.
A California resident has the right to request that DMFAH delete their Personal information. A California resident also has a right to “opt-out” of the sale of that resident’s personal information. Finally, a California resident has the right not to be discriminated against for exercising their privacy rights under the CCPA. Provided, however, that the CCPA does not prohibit DMFAH from offering financial incentives, different prices, rates, levels or qualities of goods or services for the collection of personal information if that price or difference is directly related to the value provided by the consumer’s data.
To submit a request to exercise your rights as a California resident, please submit the details of your request by email to https://danvillemuseum.org/contact, with the subject line “CCPA Consumer Request”.
DMFAH has collected and/or disclosed for a business purpose within the last 12 months the categories of Personal Information about California consumers indicated below:
|
Category |
Examples |
Collected |
Disclosed for a Business Purpose |
|
Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. |
YES |
YES |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. |
YES |
YES |
|
Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
NO |
NO |
|
Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
NO |
|
Biometric information. |
Physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, including, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. |
NO |
NO |
|
Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
YES |
NO |
|
Geolocation data. |
Physical location or movements. |
NO |
NO |
|
Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information. |
NO |
NO |
|
Professional or employment-related information. |
Current or past job history or performance evaluations. |
NO |
NO |
|
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
NO |
NO |
|
Inferences drawn from other personal information. |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
YES |
NO |
Sales of Information. DMFAH has not sold any California consumers’ Personal Information within the last 12 months.
Sources of Information. DMFAH has collected the above categories of California consumers’ Personal Information from the following sources:
Commercial Purpose for Collection. DMFAH collects California consumers’ Personal Information for the purposes enumerated in this Privacy Policy, as discussed in detail above in the section titled Basis For Collecting Your Information, including to communicate with customers concerning products and services, fulfilling orders, providing the Website and services, and improving the Website and services.
Categories of Third Parties We Disclose Information To. DMFAH discloses for a business purpose information to the following third parties:
Questions and How to Contact Us
If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy or otherwise need to contact us, please email us at https://danvillemuseum.org/contact.
We ask that you read this cookie policy carefully as it contains important information on who we are and our use of cookies or similar technologies on our website. This policy should be read together with our Privacy Policy which sets out what, how, and why we collect, store, use and share personal information as well as your rights in relation to your personal information and details of how to contact us.
Who We Are
This website is operated by Danville Museum of Fine Arts & History.
Our Website
This cookie policy relates to your use of our website in accordance with our Privacy Policy.
Cookies
A cookie is a small text file which is placed onto your device (e.g. computer, smartphone, or other electronic device) when you use our website. We use cookies on our website. Cookies help us recognize you and your device and store some information about your preferences or past actions.
For example, we may monitor how many times you visit the website, which pages you go to, traffic data, location data, and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you or your device.
For additional general information about cookies, including how to remove cookies from your browser’s cache, please visit www.aboutcookies.com or www.allaboutcookies.com.
Our Use of Cookies
We use cookies on this website to:
Types of Cookies
The cookies we place on your device fall into the following categories:
The Cookies We Use
The table below provides more information about the third-party cookies we use and why we use them:
|
Cookies |
Name |
Expiry |
What they do |
|
Google Analytics1 |
_gid _ga |
24 hours for _gid. 2 years for _ga. |
These are third-party cookies used by Google that allow us to use the Google Analytics servce. These cookies are used for anonymous visitor tracking on our website. We use Google Analytics to compile reports and improve the website. |
|
Zendesk2 |
_zdassets _zendesk |
30 days. |
These are third-party cookies used by Zendesk that allow us to provide an interactive “chat” feature on our website. |
|
Facebook3 |
_fbp |
60 days |
This third-party cookie is used for anonymous visitor tracking on our website. We use this information to compile reports and improve the website. |
|
AWS4 |
AWSELB |
When your session with our website expires. |
This third-party cookie is used because our website is hosted on Amazon Web Services (“AWS”) and uses the AWS feature, Elastic Load Balancing (“ELB”), to provide enhanced website performance. |
1For more information on Google Analytics, visit the official Google Analytics website.
2For more information on Zendesk, visit the official Zendesk website.
3For more information on Facebook, visit the official Facebook website.
4For more information on AWS, visit the official AWS website.
How to Turn Off Cookies
If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that this website may not function properly. For further information about cookies and how to disable them, please visit https://ico.com.uk/for-the-public/online/cookies.
How to Contact Us
Please contact us if you have any questions about this Cookie Policy or our Privacy Policy.
If you wish to contact us, please send an email to our Privacy Officer at https://danvillemuseum.org/contact. We will respond within ten (10) business days.
Changes to This Policy
This policy was published on 1/29/2024.
This is an accessibility statement from Danville Museum of Fine Arts & History.
Measures to support accessibility
DMFAH takes the following measures to ensure accessibility of DMFAH:
Conformance status
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. DMFAH is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.
Additional accessibility considerations
Although our goal is WCAG 2.1 Level AA conformance, we have also applied some Level AAA Success Criteria: Images of text are mainly used for decorative purposes. Banner images and graphics have been tested extensively to conform as best as possible to the Guidelines established by the Web Accessibility Initiative of the World Wide Web Consortium.
Feedback
We welcome your feedback on the accessibility of DMFAH. Please let us know if you encounter accessibility barriers on DMFAH:
We try to respond to feedback within 1-2 business days.
Compatibility with browsers and assistive technology
DMFAH is designed to be compatible with the following assistive technologies:
DMFAH is not compatible with:
Technical specifications
Accessibility of DMFAH relies on the following technologies to work with the particular combination of web browser and any assistive technologies or plugins installed on your computer:
These technologies are relied upon for conformance with the accessibility standards used.
Limitations and alternatives
Despite our best efforts to ensure accessibility of DMFAH , there may be some limitations. Below is a description of known limitations, and potential solutions. Please contact us if you observe an issue not listed below.
Known limitations for DMFAH:
Date
This statement was created on 2 February 2024 using the W3C Accessibility Statement Generator Tool.
Hours:
Tuesday – Friday
10:00 AM – 5:00 PM
Saturday
12:00 – 5:00 PM
Closed Sunday and Monday
Phone: (434)-793-5644
Email: info@danvillemuseum.org
Terms of Use | Privacy Policy | Cookie Policy | Accessibility Statement
© 2024 All rights reserved.
Terms of Use
Privacy Policy
Cookie Policy
Accessibility Statement
© 2024 All rights reserved.
Submit your religious or spiritual art and artifacts for the Danville Museum of Fine Arts and History’s December exhibition. The form is open until November 7, 2024, at 4:00 PM, and selected contributors will be notified via email.
