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 Web site(s) ("Your Web site(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 Web site, 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:
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 Web site(s), you must provide object and exhibition metadata in one of the following ways:
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 Web site, 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 Web site, 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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