Terms of Use

It is our pleasure to welcome you to DiscoverNewfields.org, a place for nature and the arts. In order for all of our users to enjoy DiscoverNewfields.org, it is important to carefully review and follow the clauses described in these Terms of Use and Conditions of Sales (the “Terms”). It is our goal to provide you with an innovative experience with nature and the arts. If you have any questions or comments about these Terms , please email us at info@DiscoverNewfields.org.

 

THESE TERMS GOVERN YOUR USE OF THE DISCOVERNEWFIELDS.ORG WEBSITE (THE “WEBSITE”) OPERATED BY NEWFIELDS, WHICH ALSO INCLUDE NEWFIELDS’ PRIVACY POLICY. PLEASE READ THE TERMS (INCLUDING THE PRIVACY POLICY) CAREFULLY BEFORE USING THIS WEBSITE.

 

ACCEPTANCE OF TERMS

By accessing the Website, you accept and agree to all conditions imposed in these Terms.

Newfields reserves the right to modify these Terms at any time. Any change in these Terms is effective immediately upon posting on the Website. You should periodically check these Terms for changes. Any use of the Website after changes have been made constitutes your acceptance of those changed Terms.

Newfields has the exclusive right to control the accessibility, hours of use, content, and features of the Website. Newfields can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Newfields reserves the right to monitor use of the Website.

You are solely responsible for providing the equipment related to accessing the Website, including all computers, remote communications, telephone, or other equipment.

 

PRIVACY

You should review the Privacy Policy for this site, which is incorporated by reference into these Terms.

TICKET SALES

  1. Refund and Exchange Policy. All ticket sales are final. Tickets are non-refundable and may not be exchanged or applied to other events.
  2. Confirmation Number. Please be sure to record/save your confirmation number, as this is required for replacing lost tickets and locating reservations. The confirmation page is NOT a ticket.
  3. Lost Tickets. Lost tickets will be replaced provided you have your confirmation number available. Please email us at ticketing@discovernewfields.org or call 317-923-1331 to request replacement tickets.
  4. Cancellation or Date/Time Change Policy. If an event is cancelled for any reason other than “force majeure,” (see Clause 6 below), Newfields will refund the face value of tickets purchased. Delivery charges are non-refundable. An event is not considered “cancelled” if it is stopped at any point after halfway through the event, in which case Newfields is not required to refund the value of any tickets purchased for said performance. Newfields will accommodate you at a future event, when possible. Newfields reserves the right to change the date and/or time of any event before the originally scheduled date of the event. If a change occurs, guests will be notified immediately and alternate accommodations or reimbursements will be arranged, as necessary.​​​​​​​
  5. Force Majeure. Force majeure is defined as any circumstances beyond the reasonable control of Newfields, including but without limitation any form of industrial action, an act of nature, an act of governmental or regulatory bodies, default or interferences caused by others, war, pandemic, or national emergency. In the event of a cancellation or rescheduling due to force majeure, Newfields will either accommodate you at a future event, when possible, or refund the face value of tickets purchased.​​​​​​​
  6. Reselling Policy. Tickets may not be resold or offered for resale. Tickets may not be used for advertising, promotion, or other commercial purposes except with the express written consent of Newfields. Newfields reserves the right to refuse entry to any customer who has purchased tickets and resold them, or to any person attempting to attend a performance with such tickets.​​​​​​​
  7. Reproduction Policy. It is unlawful to reproduce any tickets in any form. In the event of reproduction, Newfields reserves the right to refuse entry to the original purchaser as well as any person attempting to attend a performance with reproduced tickets.​​​​​​​
  8. Review Upon Receipt. Please review your tickets and confirmation upon receipt. If any detail of your order is incorrect, please contact Newfields immediately at ticketing@discovernewfields.org or by calling 317-923-1331. Newfields will not be responsible for any discrepancies if you do not contact Guest Services within twenty-four (24) hours after receiving your tickets.​​​​​​​
  9. Agreement. Submitting a ticket order indicates your AGREEMENT to these Terms.

 

PROHIBITED CONDUCT

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Gain access to any Website content by bypassing or hacking through any requirement to submit a login or user ID.
  • Use any device or other means to harvest information about other users of the Website.
  • Transmit, install, upload, or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment or service of the Website.
  • Post any material on the Website that is offensive to any other user. Newfields maintains the exclusive right to determine what is offensive.
  •  Post or store on the Website any content that violates or infringes the intellectual property rights or rights of privacy or publicity of others.
  • Modify the information, including headers and footers, found on the Website.
  • Transmit, install, upload, or otherwise transfer to the Website any unauthorized advertisement or communication.
  • Modify, enhance, or otherwise alter in any way any portion of the Website or its underlying technology
  • Engage in any action which Newfields determines is detrimental to the use and enjoyment of the Website.
  • Use the Website for any unlawful or defamatory means.
  • Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

 

DISCLAIMER AND LIMITATION OF LIABILITY

Each person entering Newfields and its properties voluntarily accepts the risks associated with being a guest at Newfields and the dangers incidental to the date for which a ticket is issued, whether occurring before, during, or after the date, and particularly during the events of the COVID-19 National Emergency. Newfields is taking precautions to limit the spread of the disease, yet there still remains the possibility of transmission. Guests could contract COVID-19 or other diseases such as the flu or legionnaires disease, which could result in a serious medical condition requiring medical treatment in a hospital or could possibly lead to death. You acknowledge you are subject to the normal risks associated with being a guest at Newfields, such as physical injuries or even death or loss or damage to personal property, including without limitation, from slips or falls, food poisoning or allergic reaction to food prepared and served at Newfields, physical or verbal altercations with Newfields staff, contractors, or other guests, electrocution from appliances or equipment, drowning in water features, burns from events that incorporate open flame elements, terrorist or other violence, theft or vandalism, auto accidents around Newfields, or fires or other disasters affecting Newfields. You acknowledge that you make the decision to be a guest at Newfields of your own free will relying upon your knowledge and judgment of any risks, including the possible transmission of COVID-19, and your decision to release Newfields has not been affected by any false statements or representations pertaining to being a guest at Newfields. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES BE HELD LIABLE FOR ANY PERSONAL INJURY OR DEATH THAT MAY OCCUR DURING THE EVENTS OF THE COVID-19 NATIONAL EMERGENCY, WHICH BEGAN ON MARCH 1, 2020 AND EXTENDS FOR THE FORESEEABLE FUTURE.

Each person entering Newfields and its properties grants Newfields permission to create photographs, videos, and audio materials, and/or otherwise reproduce their image, likeness, and/or voice without compensation for archival, educational, promotional, marketing, website, commercial, and such other purposes as Newfields will determine.

Although Newfields has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. YOUR ACCESS OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NEWFIELDS NOR ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF NEWFIELDS, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT, OR ANY OTHER MEANS. NEWFIELDS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, NEGLIGENT ACTIONS, OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

 

THIRD PARTY CONTENT

Newfields is not the publisher or speaker of any information on the Website that is provided by a third party or by you, and Newfields is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Newfields. Newfields assumes no responsibility for those products or services.

NEWFIELDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU VIA THIS WEBSITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, NEWFIELDS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE THAT CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

 

INDEMNIFICATION

You agree to defend, indemnify, and otherwise hold harmless Newfields and its officers, directors, agents, affiliates, and employees from and against any cause of action or claim, including legal fees, related to your use of the Website.

 

SECURITY

You are prohibited from violating or attempting to violate the security of the Website. Newfields will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

 

TERMINATION

Newfields may terminate these Terms at its discretion. In addition to Newfields’ other rights, Newfields may terminate your access to this Website or cancel membership to any service that Newfields provides on the Website, if you breach the Terms in any way or engage in conduct that Newfields deems inappropriate. In the event of termination of these Terms, the provisions in this paragraph and the provisions found under the section titles “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security,” and “Miscellaneous” will survive.

 

COPYRIGHT

Other than the Open Access images identified on the Website for unrestricted downloading and the collections’ metadata available under a Creative Commons Zero (CC0) waiver, all of the text, images, marks, logos, and other content of the Website are proprietary to Newfields or used with the owner’s permission or under applicable laws and regulations.

Please be aware that the content to which the collections’ metadata links may not be covered by the CC0 waiver, which otherwise allows for re-use of the metadata without legal restrictions. While Newfields provides hyperlinks as a means of referencing underlying image or multimedia content associated with the metadata, this content itself is not part of the metadata being released and is not necessarily covered by the CC0 license.

If you wish to use the underlying image or multimedia content for anything other than personal or scholarly, noncommercial uses, or that is otherwise a fair use as defined in the United States copyright laws, please contact the Newfields Rights and Reproductions department. The availability of a link to an image or multimedia file does not imply or convey permission to download, distribute, or use that digital resource in any way that would be incompatible with Newfields' reproduction guidelines (see Image Resources for more details).

Additional guidelines:

  • Give proper attribution by including the statement “Data Source: Indianapolis Museum of Art at Newfields” and by providing the URI for the object being referenced.
  • Do not mislead others, or misrepresent the metadata or its sources.
  • Understand that data is used at your own risk.

All parties downloading, printing, or using the Website content in any manner represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

 

DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION

In operating DiscoverNewfields.org, Newfields acts as a “service provider” as defined in the Digital Millennium Copyright Act (the “DMCA”) and offers services as an online provider of materials and links to third party websites. If you believe any material available via the Website, you should notify us. Newfields will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures outlined in the DMCA to resolve the claim between the notifying party and alleged infringer. To provide notification of a claim of copyright infringement on this Website, please provide Newfields with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Newfields to identify the material;
  • Information that is reasonably sufficient to permit Newfields to contact the complaining party, such as address, telephone number and, if available, email address;
  • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law and not subject to the laws of fair use; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Infringement Notifications should be submitted to:

Rights and Reproductions Department

Newfields

4000 Michigan Road

Indianapolis, IN 46208

Telephone: 317-923-1331

Email: permissions@DiscoverNewfields.org

 

MISCELLANEOUS

These Terms constitute the entire agreement between the Indianapolis Museum of Art, Inc. DBA Newfields and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Newfields and you dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms, Newfields may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Newfields’ remedies are cumulative and not exclusive. Failure of Newfields to exercise any remedy or enforce any portion of these Terms at any time will not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Newfields makes no representation that the content of the Website is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable laws. Any dispute arising out of this Agreement will be governed by the laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and you consent to the exclusive jurisdiction and venue in such courts for such purpos n such courts for such purpose.