Privacy policy and terms of use

Privacy Policy – Your Privacy Rights

LAST UPDATED: May 20, 2026

This Privacy Policy describes the Museum of Modern Art’s (“MoMA,” “we,” or “us”) practices in connection with information we collect through:

• The websites operated by us from which you are accessing this Privacy Policy (the “MoMA Websites” or the “Websites”);
• Software applications made available by us for use on or through computers and mobile devices (the “Apps”);
• Our social media pages or apps such as, by way of example, those available on Facebook at facebook.com/MuseumofModernArt and facebook.com/momadesignstore and Instagram at instagram.com/themuseumofmodernart and instagram.com/momadesignstore (collectively, our “Social Media Pages”);
• Email messages that we send to you that link to this MoMA Privacy Policy or other communications with you;
• Offline business interactions you have with us (such as purchases from our physical store and interactions with us at a MoMA kiosk); and
• AI-powered features that are made available through the Websites, Apps, Social Media Pages, emails, and offline business interactions described above, such as our Exquisite Corps project (“AI-powered Features”).

Collectively, we refer to the Websites, Apps, Social Media Pages, emails, offline business interactions, and AI-powered Features as the “Offerings.”

What Personal Information Do We Collect?

“Personal Information” is information that identifies you as an individual or that can reasonably be used to identify you, or that otherwise relates to an identifiable individual.

We collect the following categories of Personal Information:

A. Personal Information we receive from you:

B. Personal Information we collect through your use of our Offerings or from other sources:

How do we collect Personal Information?

As mentioned above, we collect Personal Information in a variety of ways, including directly from you, when you use our Offerings, and from other sources. For example, we collect Personal Information when you:

A. Information We Collect from You:

• Create an account with us;
• Purchase merchandise, tickets, or a membership;
• Make a donation;
• Contact us;
• Subscribe to a mailing list;
• Visit the museum;
• Request information about and/or attend events, exhibitions, or education programs, online or in-person;
• Participate in promotions, contests, and surveys;
• Provide reviews;
• Interact with our emails or social media accounts; or
• Browse our Websites, including watching or listening to content on our Websites and completion of any online forms.

For more information about how and why we process Personal Information, see “How/When Do We Use Personal Information?” and “Additional Information About Processing of Personal Information” below.

B. Other Sources of Personal Information:

The other sources of Personal Information referred to above include:

• Data cooperatives (co-ops), and marketing and analytics firms, co-ops are comprised of other non-profits, art institutions, or organizations that share Personal Information for marketing and fundraising purposes. We use the information we receive from co-ops and marketing and analytics firms working on our behalf to supplement the Personal Information we collect from you and your use of the Offerings.
• Affiliates, such as MoMA PS1.
• Social networks with which you interact, such as when you sign-into your MoMA account using a social media platform, reference MoMA or our Offerings on social media, or otherwise grant MoMA permission to access your data on one or more of these social networks.
• Other Organizations with which we offer co-branded services or products, who sell or distribute our Offerings (such as our AI-powered Features), engage with us in joint marketing activities.
• Publicly available sources, including data in the public domain, data available in open government databases, and data consider public under applicable privacy laws.

Who Do We Disclose Personal Information to?

We disclose Personal Information as set forth below:

How/When Do We Use Personal Information?

We collect Personal Information in order to inform you about and provide the Offerings, events, and exhibitions available to you, manage events and exhibitions, facilitate membership engagement and donations, personalize and improve our Offerings, advertise and market our Offerings, and address security and legal requirements. For more details about how we use Personal Information see our Additional Information About Processing of Personal Information section below.

If you do not provide the information requested for certain purposes, we may not be able to provide the Offerings. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Offerings, you represent that you have the authority to do so and to permit us to use the information in accordance with this MoMA Privacy Policy.

We also use and disclose Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so, such as:

• To comply with applicable law and regulations.
  • This may include laws outside your country of residence.
• To cooperate with public and government authorities and law enforcement.
  • For example, when we respond to law enforcement requests and orders or provide information we believe is important.
  • To respond to a request or to provide information we believe is necessary or appropriate.
  • This may include authorities outside your country of residence.
• For other legal reasons.
  • To enforce our terms and conditions.
  • To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others.
• In connection with a change of control transaction.
  • We have a legitimate interest in disclosing or transferring Personal Information to a third party in the event of a change in control.
• In connection with AI-powered Features.
  • When you use our AI-powered Features, we or the third party powering those features may collect the prompts and other inputs you provide or choose (“Inputs”). We use these Inputs for our legitimate interests, such as providing you tailored AI-powered Features based on the Inputs and for analysis of the performance of the AI-powered Features.
  • We work with third party partners to build and provide these AI-powered Features. The information collected in connection with the AI-powered Features may be shared with these third party partners and used to help them improve their products and services.
• In connection with text message communications.
  • You may elect to receive text messages from us (each, a “MoMA Text Message”) about our Virtual Queue, Membership Program, and other similar events and programs. We will use the information we obtain in connection with the MoMA Text Messages in accordance with this Privacy Policy, to contact you, and to provide the services you request from us.
  • When you sign up to receive text messages, we will send you information about the specific program or event for which you have agreed to receive MoMA Text Messages. We may use information automatically collected from your actions while on our Websites to determine what text messages to send to you.
  • We collect the following personal information about you in the context of our text messaging program: your name, mobile phone number, text message contents, and texting preferences (opt-ins and opt-outs).
  • We use this information to manage our text messaging program, including to send you text messages and facilitate opt-out requests.
  • We may share this information with our vendors to (i) facilitate sending MoMA Text Messages to you on our behalf, (ii) to provide customer service to you, (iii) to help us provide our Offerings to you, and (iv) as required by applicable law.
  • Your wireless carrier may also collect data about your wireless device usage, and its practices are governed by its own policies.
  • You may opt out of receiving text messages at any time by texting STOP to our text messages.
  • For more information about text messages, see our Text Message Terms and Conditions.
  • The MoMA Design Store Text Messaging Program is separate and is governed by the MoMA Design Store Text Terms and Conditions and the MoMA Design Store Text Message Privacy Policy.
• In connection with targeted advertising.
  • We use third-party advertising companies to help us deliver targeted advertisements about our Offerings, as well as to help us measure the effectiveness of those advertisements.
  • You may receive advertisements based on information relating to your access to and use of the Offerings and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.
  • If you would like more information about cookies, please see the Cookies and Similar Technologies section below. You can opt-out of cookie-based targeted advertising by visiting optout.aboutads.info. You may also download the AppChoices app at aboutads.info/appchoices to opt out in mobile apps.

Cookies and Similar Technologies Policy

We collect Personal Information through the use of cookies and similar technologies.

• Cookies: Cookies are pieces of information stored directly on the computer that you are using. As mentioned above, cookies allow us to collect Device and Usage Information. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Offerings in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on and off the Offerings. We may also use cookies or other technologies in online advertising to track responses to our ad or email. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to allaboutcookies.org/manage-cookies/. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Offerings.
• Pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Offerings (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Offerings and response rates.
• Analytics: We use Google Analytics, Heap and other third-party data analytics providers which use cookies and similar technologies to collect and analyze information about use of the Offerings and report on activities and trends. These services may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to google.com/policies/privacy/partners/ and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout. Google Analytics’ cookies expire 24 months after being set.
• Invisible reCAPTCHA: We use Google’s invisible reCAPTCHA application on our Offerings in order to protect against spam and other automated abuse. The reCAPTCHA tool may make use of cookies, as well as other information like IP address, date, time, language, screen size and resolution, and mouse movements. The use of the reCAPTCHA tool and any information collected through the tool are subject to Google’s privacy policy, available at policies.google.com/privacy, and Google’s terms of service, available at policies.google.com/terms.
• Session Replay and other Tracking Technologies: In addition, we may deploy various tracking technologies on the Websites to collect additional information about your Website visits. For example, we use session replay tracking technologies on our Websites that detect user activity (such as mouse clicks, scrolls, and hovers) and change content on our Websites and communications in order to increase users’ discovery of content and better enable them to find things that they are interested in.

Security

We seek to use reasonable organizational, technical, and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact MoMA” section below.

Your Choices and Individual Privacy Rights

Your choices regarding our collection, use and disclosure of Personal Information

We give you choices regarding our use and disclosure of Personal Information for marketing purposes. You may opt out from:

1. Receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by following the instructions for unsubscribing within the body of the message that was sent to you. Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions.
2. Receiving text messages from us. If you no longer want to receive text messages from us on a going-forward basis, you may opt out of receiving text messages at any time by texting STOP to our text messages. For more information about text messages, see our Text Message Terms and Conditions and the “In connection with text message communications” section above.
3. Our sharing of Personal Information with affiliates for their direct marketing purposes. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out of this sharing by sending an email message to [email protected] containing your request to opt out of this sharing, along with your name and email or postal address, so that we can locate your account in our records and honor your request to opt out.
4. Our sharing of Personal Information with unaffiliated third parties for their direct marketing purposes. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt out of this sharing by sending an email message to [email protected] containing your request to opt out of this sharing, along with your name and email or postal address, so that we can locate your account in our records and honor your request to opt out. If, however, your information has already been shared by us in this manner, we may direct you to the relevant third party to submit a request to delete your Personal Information or opt-out of any future use of your Personal Information.
5. Our sharing of Personal Information with data co-ops. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with data co-ops for their own commercial purposes and the benefit of other organizations and businesses, you may opt out of this sharing by sending an email message to [email protected] containing your request to opt out of this sharing, along with your name and email or postal address, so that we can locate you in our records and honor your request to opt out.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that, if you opt out of receiving marketing from us, we may still send you important administrative and/or transactional messages, from which you cannot opt out.

Jurisdiction-Specific Rights

Depending on the jurisdiction in which you reside, you may have one or more of the following rights:

• Right to access/obtain a copy of Personal Information
• Right to correct your Personal Information
• Right to delete your Personal Information
• Right to object to or withdraw consent for the use of your Personal Information
• Right to opt out of the sale of Personal Information
• Right to opt-out of the sharing of Personal Information for targeted advertising
• Right to request a list of third parties with whom we disclosed Personal Information
• Right to appeal if you have concerns about our response to your request.

If you would like to exercise any of these rights, you may contact us in accordance with the “Contact MoMA” section below. We will respond to your request consistent with applicable law.

In your request, please provide the following information:

• Your name and email address
• The state and country where you reside
• Which of the rights above that you would like to exercise.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, become a member, or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase, membership, or promotion) and to comply with applicable law and our legal obligations.

Retention Period

We retain Personal Information for the duration of our relationship with you, and for as long as is necessary for the purposes for which the Personal Information was collected and any other permissible, related purpose. We may also be required by law to retain certain Personal Information in connection with our legal obligations or in connection with our need to enforce our Terms of Use, legal rights and obligations.

Third-Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices any third-party operating any website or service to which the Offerings link or with which you interact directly. The inclusion of a link on the Offerings does not imply endorsement of the linked site or service by us or by our affiliates. The Offerings may provide functionality allowing you to make payments to the Company using third-party payment services. When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy notice, rather than this Privacy Policy.

Use of Offerings by Minors

The Offerings are generally not directed to individuals twelve (12) years of age and under, and we do not knowingly collect Personal Information from individuals twelve (12) years of age and under without parental consent. For instance, we will ask parents/guardians for permission before individuals we know are 12 or under sign up for an educational program and provide any Personal Information.

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in countries in which we engage service providers, and by using the Offerings or otherwise providing us with Personal Information, you understand that Personal Information may be stored in or transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access Personal Information.

Sensitive Information

Unless we request it, we ask that you not send us, and you do not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Offerings or otherwise to us.

Your California Privacy Rights

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt out of such information-sharing. As discussed above, if you wish to opt out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please contact us at [email protected].

Revisions to Our Privacy Policy

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Please note that MoMA may revise its Privacy Policy at any time, without notice, such changes to be effective immediately upon posting on the Offerings. Such revisions may arise in response to changes in the law, policy, or other factors. We encourage you to periodically visit this page to review our most current policy. If we make a change to our Privacy Policy, depending on the nature of the change, we may seek to notify you, or obtain your consent, as required by applicable law.

Contact MoMA

Museum of Modern Art, located at 11 West 53rd Street, New York, NY 10019, is the organization responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.

Send your questions, comments, or concerns about our Privacy Policy or any other aspect of our website to [email protected]. Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

Additional Information About Processing of Personal Information

We and our service providers use Personal Information for legitimate business purposes as described below:

Making our Offerings available to you

Exhibitions, events and visitors

Marketing, membership engagement, and donations

Personalization and improving our Offerings

Security and legal reasons

Terms of use

Acceptance of Terms and Conditions

The Museum of Modern Art (“MoMA”) makes its Offerings (as defined in MoMA’s Privacy Policy) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE MoMA WEBSITES AND/OR OFFERINGS, 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.

PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Protection of privacy

MoMA is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the MoMA Website is governed by MoMA’s Privacy Policy. Please note that the MoMA Website is not specifically dedicated to children and MoMA does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the MoMA Website.

Trademarks

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 protected], 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, [email protected], 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.

Texting

You may decide to receive text messages from us (each, a “MoMA Text Message”). By opting in, you elect to receive text messages from MoMA for certain MoMA events and/or programs, either via our website, a QR code, or by signing up through a MoMA staff member, you are providing (and signing) your prior express written consent to receive recurring support text messages from us (each, a “MoMA Text Message”) sent through an automatic telephone dialing system. Message frequency varies. If you wish to opt out, text STOP to our MoMA Text Messages. To speak to a MoMA representative, Text HELP to our MoMA Text Messages. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation MoMA Text Message and all subsequent MoMA Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving MoMA Text Messages. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text messages, you may not receive the MoMA Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any MoMA Text Messages, as delivery is subject to effective transmission from your network operator. MoMA Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any MoMA Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. Your participation is subject to MoMA’s Privacy Policy. Your opt-out will be effective after we send you a confirmation. Mobile Internet access is required. You represent that you are legally competent and have legal authority to form a contract and provide this consent with regard to the phone number you provide and that you reside in the United States. You may not consent on behalf of someone else or provide someone else’s phone number.

You agree to enter into, sign, and receive this consent to receive text messages electronically. Print this page using your Internet-connected computer or device and web browser to retain a copy of your consent. You can withdraw your consent electronically. For help, text HELP to our MoMA Text Message. We may obtain the date, time, and content of your messages in the course of your use of Text Messaging.

To the fullest extent permissible under applicable law, MoMA is not responsible or liable for any direct, indirect, incidental, consequential, or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, the MoMA Text Messages. This applies even if foreseeable or even if MoMA has been advised of the possibility of such damages.

The MoMA Design Store Text Messaging Program is separate and is governed by the MoMA Design Store Text Terms and Conditions and the MoMA Design Store Text Message Privacy Policy.

Memberships enrolled in auto-renew program

If you are a member, and you elect to have your membership auto-renew, you authorize MoMA to automatically charge the credit card provided on an annual basis, at the then-current price for the membership category you have chosen.

Members enrolled in the auto-renew program will be notified by email at least 30 days prior to annual charge. If you change your mind about auto-renewing, you can cancel at any time prior to the auto-renewal date by calling (212) 708-9400, emailing us at [email protected], or by mail to MoMA Membership, 11 W 53rd St, New York, NY 10019.

Unrestricted forums

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.

Reviews and comments

You may have an opportunity to comment on or provide reviews of products purchased from MoMA stores. By submitting any such comments or reviews (the “Comments”) you hereby grant to MoMA a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, MoMA, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to MoMA the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or MoMA’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

MoMA may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).

Digital millennium Copyright Agent

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:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the MoMA website;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The Museum’s agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Copyright Agent, Office of the General Counsel Museum of Modern Art 11 W. 53rd Street New York, New York 10019

By email:

[email protected]

Submissions

Any communication or material you post, transmit, or distribute to the MoMA website by electronic mail or otherwise, or any communication or material you post, transmit or distribute in any virtual or online MoMA event or program, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you so transmit or post may be used by 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 or submit in any virtual or online MoMA event or program for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and indemnification

By using the 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 the relationship between you and MoMA shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

MANDATORY ARBITRATION. NO CLASS ACTIONS

You irrevocably agree to submit any and all disputes, claims or controversies arising out of or relating to your use of the MoMA Website or any services or products purchased or received, to the American Arbitration Association (“AAA”), or its successor, for confidential mediation. And if the matter is not resolved through mediation, then to AAA, or its successor, for final and binding arbitration. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in a class action arbitration, and to assert or participate in any joint or consolidated arbitration of any kind.

Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Judgment upon the award rendered by the Arbitrator(s) may be entered by any court having jurisdiction thereof.

You agree to maintain as strictly confidential all negotiations and proceedings pursuant to this section, except as is required by court order or as is necessary to confirm, vacate or enforce a judgement or award.

Entire agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Last update: May 20, 2026