ABOUT THIS SITE
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, firstname.lastname@example.org, 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@example.com, 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.