Our Policy on collecting information on the MoMA Website
Online retail purchases
When you order a product from the MoMA online store, we need to know your name, billing and shipping addresses, telephone number, email address, and credit card information to process your order. Your credit card information will be stored temporarily on a secure server and used only as needed to process your transaction. It will also be sent to our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact us at firstname.lastname@example.org or call (800) 851-4509 for the issue to be evaluated and resolved. We will retain your personally identifiable information for our records, in order to facilitate better customer service, and to inform you of our products and promotional offers.
Online memberships and donations
When you purchase a MoMA membership or make a donation to MoMA online, we will ask you to provide us with the information we need to process your membership and/or to acknowledge your contribution. This information includes your name, billing and mailing addresses, telephone number, email address, and credit card information. Your credit card information will be stored temporarily on a secure server and used only as needed to process your transaction. It will also be sent to our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact us at email@example.com or call (888) 999-8861 for the issue to be evaluated and resolved. We will retain your personally identifiable information for our records, in order to facilitate better customer service. To process payments for members who have selected automatic renewal, MoMA will also retain payment information, in a secure manner, until such time that either the payment information expires (when we will contact you to update it), or the auto-renewal of the membership is canceled by you. In certain cases, you may be asked for additional information to complete your request, such as the names and birth dates (month/year) of your children if obtaining a Family membership or any Contributing membership with children (see “Children 12 and under”).
Online purchases of Museum admission tickets, event tickets, and course registrations
MoMA uses third-party vendors to administer and process your online purchase of admission tickets to the Museum. We also work with third-party contractors to process ticketing for certain events or registration for certain courses. MoMA requires its vendors to maintain the security of the information which you provide to them and restricts the vendors from using this information in any way not expressly authorized by MoMA.
Please be aware that our site may contain links to other sites hosted by third parties. Different rules may apply to their collection, use, or disclosure of your personal information. We encourage you to review other websites’ policies before revealing any personally identifiable or sensitive information. MoMA does not control, and is thus not responsible for, the content or privacy practices and policies of such other sites and under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the MoMA website.
From time to time, MoMA may invite you to participate in surveys posted on the MoMA website or sent to you by email. You may decide whether you wish to complete such surveys, which may ask about your background, occupation, or similar questions. We use this information to help us better understand our audience, which in turn allows us to better meet your needs and interests. Information collected in these surveys is never sold, rented, or shared with third parties for marketing purposes, but we may share it with outside vendors to analyze the information we collect (see “Use of outside vendors” below).
MoMA will occasionally offer visitors the opportunity to participate in online contests or sweepstakes. If you choose to enter, you may need to provide your name and email address so that we may contact you in connection with the contest. We may also request that you provide us with certain other information, such as your zip code, state of residence, and grade in school (provided that you are at least 13 years of age).
Children 12 and under
MoMA does not solicit personal information from children. Visitors 12 years of age and under should remember that they are required to obtain an adult’s permission before submitting any personal information to this or any other website.
MoMA offers visitors to the MoMA website and MoMA Audio+ users the opportunity to subscribe to one or more of our online newsletters, a service hosted by a third-party contractor that has agreed to use the email address you provide only to send newsletters to you. If you choose to subscribe, you will receive MoMA newsletters on the topics you choose or, in the case of MoMA Audio+ users, MoMA’s biweekly What’s New newsletter. You may subscribe or unsubscribe at any time by following the instructions on the newsletter.
MoMA Audio app
When you use the MoMA Audio app, you will be given the opportunity to provide us with your email address. If you choose to do so, we will send you an introductory MoMA welcome email, and you will be subscribed to receive MoMA’s biweekly What’s New newsletter.
If you send an email to MoMA, your message and email address may be saved and we may send you emails in order to respond to your message. Any material, business information, ideas, concepts, or other information sent to MoMA by email will be treated as non-confidential and non-proprietary. We will only use the information provided in your email and your email address to improve the MoMA website, services, and products, and to fulfill or respond to your requests for products, services, or information.
Cookies are small files of information that are stored on your computer’s hard drive by your Web browser. The cookies we use do not contain any personal information. Most Web browsers automatically accept cookies, but you can change the preferences of your browser so that it does not accept them. In order to use all the features of the MoMA website, we recommend that you accept cookies.
Our policy on the use and disclosure of the information we collect on the MoMA website and elsewhere
MoMA uses the personal information you provide to us for internal purposes, such as completing and tracking your transaction, analyzing trends, and collecting statistics. MoMA may also compile and provide aggregate statistics about our visitors, customers, sales, traffic patterns, and related site information to third parties, but these statistics will not include any personally identifying information.
We may share the names and postal addresses we receive from members and donors with other nonprofit organizations. If you do not want to have your information used in this way, you may send an email message containing your name and postal address to firstname.lastname@example.org. We may also share information about our members and donors with third-party vendors who help us analyze and understand our donor and membership base.
After you make a purchase on the MoMA online store, we may share your name and postal address—but not your email address—with other organizations or companies whose products might be of interest to you. The policies of these organizations and companies may differ from ours. If you do not want to have your information used in this way, you may send an email message containing your name and postal address to email@example.com. MoMA may release account information when such release is reasonably necessary to comply with the law; enforce the terms of any of our user agreements; or protect the rights, property, and safety of MoMA, the users of its site, or others.
If you have provided us with your email address, we may send you emails in order to alert you to information, events, activities, or programs at or related to MoMA that we believe may be of interest to you, or to alert you about sales or other promotional events at the MoMA online store. If you do not want us to use your email address to contact you for these purposes, you may send an email message containing your name and postal address to firstname.lastname@example.org.
We may combine information you give to us online, offline, in our stores, at the Museum, or through our catalogs. We may also combine or supplement this information with publicly available information and additional information we receive from or have cross-referenced with our third-party vendors and others. We use this combined information to enhance and personalize your shopping experience with us; to communicate with you about products, exhibitions, or events that may be of interest to you; or for other promotional or Museum-related purposes.
Use of outside vendors
From time to time, MoMA retains qualified third-party service providers to help us manage the MoMA website and allow us to better serve our visitors and customers. These may include third-party contractors who assist us by processing registration and ticketing for the Museum and for certain events or courses. We also engage third-party vendors to analyze the information we collect on the MoMA website and through other resources for marketing or similar purposes. We also use third-party service providers to process your payment transactions and detect possible fraudulent use of a payment card. These service providers receive the information you enter into our website, and information about your payment card, purchase, mobile device, computer, software and their location for fraud detection purposes. By submitting your information to make a purchase, you agree to this. MoMA requires its vendors to maintain the security of the information to which they are provided access and restricts the vendors from using the information in any way not expressly authorized by MoMA.
The MoMA website uses various measures designed to secure information. However, there is no such thing as 100% security. If you prefer, you may also place a MoMA Store order by phone at (800) 447-6662 or by fax at (212) 333-1127. For membership gifts, you may call (888) 999-8861 and for donations, you may call (212) 333-6591.
It is important for you to protect yourself against unauthorized access to your password and to your computer.
Be sure to use a known and trusted secure connection and to log off when finished using a shared computer. You should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
Please be advised that when placing an online order through the MoMA online store, your personal data will be protected in accordance with United States law but may not be at the same level of protection as is legally required in the European Union.
Last update: June 1, 2017
Acceptance of Terms and Conditions
The Museum of Modern Art (“MoMA”) provides this website (MoMA.org) and the Online Store (store.moma.org) (together, the “MoMA website”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE MoMA WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). MoMA 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 MoMA WEBSITE NOW AND REFRAIN FROM FURTHER USE.
Protection of privacy
The names, titles, trademarks, service marks, and logos that appear on the MoMA website are registered and unregistered marks of MoMA, including but not limited to The Museum of Modern Art, MoMA, and MoMA DESIGN STORE (“MoMA Trademarks”). You may not use the MoMA Trademarks without MoMA’s prior, written permission.
The trademarks of third parties may also appear on the MoMA 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 MoMA website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the MoMA Trademarks or may be construed to mean that MoMA 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 MoMA website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. MoMA 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, MoMA. MoMA expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Fair use is permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from MoMA’s website for such uses are welcome to do so without MoMA’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.moma.org.”
By downloading, printing, or otherwise using text, audio, video, image and other files from the MoMA 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 MoMA’s or any other party’s proprietary rights.
Commercial use is prohibited
Unauthorized downloading, publication or exploitation of MoMA’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. All requests to reproduce works of art from MoMA’s collection within North America (Canada, U.S., Mexico) should be addressed directly to Art Resource, Scala’s New York representative, at 536 Broadway, New York, New York 10012. Telephone (212) 505-8700; fax (212) 505-2053, email@example.com, www.artres.com. Requests from all other geographical locations should be addressed directly to Scala Group S.p.A., 62, via Chiantigiana, 50011 Antella/Firenze, Italy. Telephone 39 055 6233 200; fax: 39 055 641124, firstname.lastname@example.org, www.scalarchives.it.
Reservation of rights
All rights not expressly granted by MoMA herein are specifically and completely reserved. Nothing on the MoMA 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 MoMA has authority to grant any right or license on behalf of any third party.
MoMA at times may provide unrestricted forums on the MoMA website for the exchange of ideas and information by participants. MoMA 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 MoMA website that you do not own, MoMA 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 MoMA 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.
Digital millennium Copyright Agent
MoMA respects the intellectual property of others, and asks users of the MoMA website to do the same. MoMA may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the MoMA 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 MoMA’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 MoMA 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:
Copyright Agent, Office of the General Counsel Museum of Modern Art 11 W. 53rd Street New York, New York 10019
Any communication or material you post, transmit, or distribute to the MoMA website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by MoMA 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, MoMA is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the MoMA website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and indemnification
By using the MoMA 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 MoMA, 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 MoMA website.
DISCLAIMER OF WARRANTIES
MoMA PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. MoMA 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. MoMA DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MoMA 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. MoMA 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 MoMA, 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. MoMA’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 MoMA.
Venue and choice of law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
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.
Photo © Timothy Hursley 2004