1. Registration; Brooklyn Museum API Keys. You may be required to register to obtain access to and use of the APIs and Brooklyn Museum Content. Upon registration, you may be required to provide Brooklyn Museum with certain information including, without limitation, your name or your company's name, address, e-mail address and/or the name and URL of your website(s) ("Your website(s)") on which you intend to implement the API (collectively, your "Profile Information"). You represent, warrant, and covenant that any and all Profile Information and any other information or data you provide to us, is and shall be true, accurate, and complete when given to us; that in providing such information to us you shall not knowingly omit or misrepresent any material facts or information; and that you shall promptly enter corrected or updated Profile Information via the Brooklyn Museum website, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the API and Brooklyn Museum Content, as applicable. Following completion of your registration, if applicable, you may be provided with one or more unique application IDs and keys in order to access and use the API and Brooklyn Museum Content (collectively, the "API Keys"). Your API Keys are personal to you. You agree that you shall not allow another person to use your API Keys to access and use the API and/or Brooklyn Museum Content under any circumstances. You are solely responsible for maintaining the strict confidentiality of your API Keys and for any damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your API Keys, your disclosure of your API Keys, or your authorization to allow another person to access and use the API or Brooklyn Museum Content using your API Keys. You agree to immediately notify us if you become aware of any unauthorized use of your API Keys or other need to deactivate any API Key due to security concerns.
3. Your Responsibilities and Restrictions on Use. Your right to use the Brooklyn Museum API is subject to the following requirements and restrictions:
- You must not access or use the API or any Brooklyn Museum Content through any technology or means other than those provided in the API, or through other explicitly authorized means the Brooklyn Museum may designate;
- All calls to the API must reference the API Key issued to you by the Brooklyn Museum;
- You shall not use any automated means (e.g., scraping, robots, etc.) other than the API to access, query, or otherwise collect the Brooklyn Museum Content or any other information or data from the Brooklyn Museum website. You may employ session based caching of API results, but must use your best efforts to update cached results upon any changes in the applicable metadata. For instance, if any Brooklyn Museum Content is removed from the Brooklyn Museum website or is no longer made available for general viewing, any cached results and thumbnails related to such Brooklyn Museum Content must be promptly removed from your cache;
- You may not retain any copies of the Brooklyn Museum Content. Your right to Brooklyn Museum Content is limited to making direct server calls to the API for Brooklyn Museum Content and to distributing the Brooklyn Museum Content to Users on Your website(s) immediately upon receipt by your servers;
- You must not present Brooklyn Museum Content (or permit the Brooklyn Museum Content to be presented) so that it appears to be sourced from any source other than the Brooklyn Museum;
- You must not use the Brooklyn Museum name, likeness or logo without express written permission from the Brooklyn Museum. Such permission may be revoked at any time. You agree to comply immediately with any request to remove the Brooklyn Museum's name, likeness or logo from any website or web application or app;
- If Your website(s) requires Users to register, such registration must be free and available to the public (i.e., all users of the Internet);
- If Your application(s) are distributed through an app store or online marketplace, the application(s) must be distributed at no charge to the public and cannot contain in-app advertising;
- If Your application(s) are distributed through an app store or online marketplace, the application(s) must state in the application description, "While this application makes use of the Brooklyn Museum API, it is not an official product of the Brooklyn Museum.";
- You may not otherwise reproduce, modify, distribute, decompile, disassemble, reverse engineer, create derivative works, or otherwise attempt to extract the source code of the API, any portion of the API, or Brooklyn Museum Content;
- You must not use the API in a manner that, at Brooklyn Museum's sole discretion, exceeds reasonable request volumes;
- You are limited to 3,000 API calls per day, per API Key issued to you. The Brooklyn Museum may change these call limits at any time at its sole discretion;
- You must not use the API or Brooklyn Museum Content in connection with or to promote any products, services, or materials that promote, are, or are used primarily for the purpose of dealing in: viruses, spyware, malware or other malicious code, counterfeit goods, materials breaching the Human Rights Act or any other applicable laws, materials promoting acts of terrorism or violence, tobacco and tobacco products, and gambling;
- You must not use the API or Brooklyn Museum Content in any context that is obscene, indecent, pornographic, or otherwise inappropriate;
- You must not impersonate any person or falsely state or otherwise misrepresent your affiliation with a person in connection with your use of the API or display of any Brooklyn Museum Content;
- You must not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the API or the Brooklyn Museum Content;
- You must not violate or attempt to violate the security of the API or the Brooklyn Museum website;
4. Display of Brooklyn Museum Content. Your display of the Brooklyn Museum Content must comply with the Brooklyn Museum's copyright policy. When displaying Brooklyn Museum content on Your website(s), you must provide object and exhibition metadata in one of the following ways:
- Use the link provided with each object or exhibition to link back to the original source material on the Brooklyn Museum website;
- Display the quick caption provided with each object or exhibition along with each record;
- Display at a minimum the object's title, artist, dates, medium, dimensions, credit line, accession number, photo credit, and "Brooklyn Museum"
5. Proprietary Rights. You acknowledge and agree that the Brooklyn Museum (and its respective licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the API, the Brooklyn Museum Content, and the Brooklyn Museum website, including any intellectual property rights associated therewith (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6. No Technical Support. You understand and agree that the Brooklyn Museum will provide no guarantee of technical support services to you in connection with your integration of the API.
7. Fees. Brooklyn Museum reserves the right, at any time, at its sole discretion, to impose a fee for your access to and/or use of the Brooklyn Museum website, the API, and/or Brooklyn Museum Content.
8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE API AND THE BROOKLYN MUSEUM CONTENT IS AT YOUR SOLE RISK AND
THAT THE API AND THE BROOKLYN MUSEUM CONTENT ARE PROVIDED "AS IS"
AND "AS AVAILABLE." IN PARTICULAR, BROOKLYN MUSEUM, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT
OR WARRANT TO YOU THAT: (A) YOUR USE OF THE API WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE
FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE API WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN
THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART
OF THE API WILL BE CORRECTED. ANY CONTENT OBTAINED THROUGH THE
USE OF THE API IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM
THE DOWNLOAD OR USE OF ANY SUCH CONTENT. BROOKLYN MUSEUM, ITS
LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BROOKLYN MUSEUM, ITS SUBSIDIARIES AND AFFILIATES, AND BROOKLYN MUSEUM'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS) AND (B) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY CHANGES THAT BROOKLYN MUSEUM MAY MAKE TO THE API, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE API (OR ANY FEATURES WITHIN THE API); (ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY BROOKLYN MUSEUM CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE API; (iii) YOUR FAILURE TO PROVIDE BROOKLYN MUSEUM WITH ACCURATE ACCOUNT INFORMATION; OR (iv) YOUR FAILURE TO KEEP YOUR API KEY OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THESE LIMITATIONS ON BROOKLYN MUSEUM'S LIABILITY TO YOU WILL APPLY WHETHER OR NOT BROOKLYN MUSEUM, ITS AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
10. Release And Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Brooklyn Museum, its parents, subsidiaries, affiliates, and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers, suppliers, and contractors from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your access to and use of the API and Brooklyn Museum Content. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
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