Last Updated: August 25, 2015
Welcome to the Brooklyn Museum (the “”). The Museum provides the Services (as defined below) in support of its mission to act as a bridge between the rich artistic heritage of world cultures, as embodied in its collections, and the unique experience of each visitor. Dedicated to the primacy of the visitor experience, committed to excellence in every aspect of its collections and programs, and drawing on both new and traditional tools of communication, interpretation, and presentation, the Museum aims to serve its diverse public as a dynamic, innovative, and welcoming center for learning through the visual arts.
1. Term. This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time, for any reason, and the Museum may terminate your use of the Services at any time, for any or no reason, with or without prior notice or explanation.
2. Modifications. We may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
3. Compliance. By using the Services, you represent and warrant that (a) you are 13 years of age or older and reside in the United States of America, its territories and possessions (the “”) and acknowledge and agree that features, activities, and other aspects of the Services may be subject to heightened age and/or other eligibility requirements (e.g., purchases, contests, sweepstakes, promotions, interactive initiatives, etc.); and (b) your use of the Services does not violate any applicable law, rule, or regulation.
4. User Registration. In order to access and use the Services, we may require that you register for the applicable Services and have a unique username and password combination (“”) and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, mobile phone number, etc., and, for fee-based transactions and purchases (e.g., subscriptions, one-time purchases, add-ons, additional features, upgrades, games, etc.) offered by us, your physical address, telephone number(s), applicable payment data and information (e.g., credit card/debit card number and expiration date), etc. (collectively, a “”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials or Device, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone.
7. Location-Based Content. The Services may allow access to, or make available opportunities for you to view, and/or receive, certain content, products, services, information, and other materials based, in whole or in part, upon your location (“”). In order to make Located Content available to you, the Services will determine your location using one or more points of data, reference, and/or information associated with, among other things, your Device, including, without limitation, GPS, beacons, device software/features/services and other points of data, reference and information. If you have set your Device to disable GPS, Bluetooth, WiFi, or other location determining or assisting software, features, or services, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you may not be able to access, view and/or receive Located Content.
8. Disclosure of User Status and Activity Information. In order to access and use the Services, you expressly acknowledge, understand, and agree that the Services will automatically store, host, share, post, disseminate, disclose, and/or publish certain information concerning your user profile (e.g., name, avatar/image, etc.) and your corresponding use of the Services and related conduct, information, and activities associated therewith (e.g., content and text postings, questions regarding exhibits and artwork, feedback, ratings, etc.) in connection with the Services (collectively, “”). Status and Activity Information will be visible (e.g., on post and feed sections, message boards, on-location physical displays, etc.) to all users of the Services and other third parties (e.g., visitors to the Brooklyn Museum, users of third party platforms, etc.). Accordingly, you expressly acknowledge, understand, and agree that (a) all Status and Activity Information is public and may be globally viewed by any third parties and (b) you have no expectation of privacy in any Status and Activity Information and (c) no confidential, fiduciary, contractually implied, or other relationship is created between you and the Museum by reason of your Status and Activity Information being made public. We may, from time to time, make certain settings available to limit the sharing, availability, or public nature of certain specific Status and Activity Information, and if we do elect to do so and you properly designate your preferences using such settings, then we will honor the choices you make about who can see certain specific Status and Activity Information after a reasonable period of time to implement such preference. For purposes of clarity, the term “” (as defined herein) shall include Status and Activity Information.
9. Proprietary Rights.
9.1 As between you and the Museum, the Museum owns, solely and exclusively, all right, title, and interest in and to the Services and all content (other than your User Postings (as defined herein)) contained and/or made available on, through, or in connection therewith (“”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations, and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights, and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
9.2 The Services are to be used solely for your non-exclusive, non-assignable, non-transferable, non-commercial, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright, trademark, service mark, or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream, or reproduce from the Services. Except as expressly authorized by the Museum (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of the Museum or its owner if the Museum is not the owner. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering, or other automated means to access, copy, index, process, and/or store any Content made available on or through the Services other than as expressly authorized by us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and we likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in below.
9.3 Subject to the restrictions in , Users may download Content for their own use subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Content as they would material from any printed work, and the citations should include the URL , but not in any way that implies endorsement of the user or the user’s use of the Content. By downloading, printing, or otherwise using the Content, users agree they will limit their use of such files to non-commercial, educational, personal, or for fair use, and will not violate the Museum’s or any other party’s proprietary rights. Images of works of art that the Museum believes to be in the public domain may be downloaded for limited non-commercial, educational, and personal use only, or for fair use, as defined in the United States copyright laws. In addition, authorized non-commercial uses for such images shall include scholarly publications. Users must cite the author and source of such images, and the citations should include the URL , but not in a way that implies endorsement of the user or the user’s use of the Content. All rights not expressly granted herein by the Museum are specifically and completely reserved.
The Museum does not warrant that use of the Content will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the artist and the artist’s heirs holding rights to these works. In many instances the caption may offer more information about the copyright status. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.
10. User Conduct. You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. You represent, warrant, and agree that, while using the Services, you shall not:
(a) intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national, or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, privacy, publicity, or other rights of ours or of any other person or entity;
(b) submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material or take any action that is or is likely to be harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, harassing, profane, obscene, vulgar, or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(c) submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that you do not have a right to make available under any law, rule, or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
(d) intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on the Museum, the Services, our goodwill, name, or reputation;
(e) submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that contains a software virus, worm, spyware, Trojan horse, or other computer code, file, or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) use the Services for commercial or business purposes;
(g) modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;
(h) impersonate any person or entity, including, without limitation, a Museum official, or falsely state or otherwise represent your affiliation with a person, entity, or User Posting (as defined herein), transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information, or statements of fact;
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through, or in connection with the Services, including User Postings (as defined herein);
(j) solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information;
(k) modify, reverse engineer, decompile, or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist, or authorize any other person to do so; or
(l) intentionally or unintentionally submit, post, email, display, transmit, disseminate, report, or otherwise make available on, through, or in connection with the Services any information that advocates for a political cause or legislation.
The Museum reserves the right to investigate and take appropriate legal action against anyone who, in the Museum’s sole discretion, violates, or is suspected of violating, this Section 10, including, without limitation, reporting you to law enforcement authorities.
11. User Postings.
11.1 The Services may provide you and other Users with an opportunity to participate in feeds, forums, communities, and other message, comment, and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit, or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the Services (each, a “”, and collectively, “”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied, or other relationship is created between you and the Museum by reason of your transmitting a User Posting to any area of or in connection with the Services.
11.2 You understand, acknowledge, and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit, or otherwise make available. User Postings do not reflect the views of the Museum, and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent, or objectionable and, as such, the Museum does not guarantee the accuracy, integrity, quality, or content of any User Postings. Under no circumstances shall the Museum be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available.
11.3 The Services, including, without limitation, all User Posting features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit, or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit, or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; , however, that the Museum shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, herein, or is deemed to be unacceptable to the Museum for any reason, as determined in the Museum’s sole discretion.
11.4 In connection with all User Postings you post, you grant to the Museum the perpetual, unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual, and royalty-free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Museum, in our sole discretion.
11.5 Registered Users of Services who are California residents and are under 18 years of age may request and obtain removal of User Postings located on the Services that they themselves post by emailing us at email@example.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your User Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application, or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. We may also provide you the ability to remove individual specific User Postings that are comments by navigating to the comment, selecting the delete option when you hover over the right-hand side of the comment with your cursor and verifying the deletion request. Please also note that any requests for removal do not ensure complete or comprehensive removal of the Content or information from the Services. For example, content that you have posted may be republished or reposted by another User or a third party.
12. Digital Millennium Copyright Act.
12.1 If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Name and Address of Designated Agent:
Attention: Head of Digital Collections and Services
200 Eastern Pkwy
Brooklyn, NY 11238
Email Address of Designated Agent:
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to the Museum customer service by sending an email to firstname.lastname@example.org. You acknowledge and agree that if you fail to comply with all of the requirements of this , your DMCA notice may not be valid.
12.2 If you believe that your content was removed (or to which access was disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to the Museum for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, the Museum may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Museum’s sole discretion.
13. Additional Terms and Requirements.
13.1 You acknowledge that the Museum licenses some or all of the Content under agreement from third parties, and that the Museum may add, delete, or disable Content, and/or add, delete, disable, or modify some or all of the Services, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Services to the same extent, or at all, as prior to such change or discontinuation, and (b) that the Museum shall have no obligation or liability to you in such case. In no event shall the Museum be liable for the removal of or disabling of access to any Content, the Services, materials, or any features or portions of the Services. The Museum may also impose limits on the use of or access to certain features or portions of the Content or the Services, in any case and without notice or liability to you. By way of example, and not limitation, not all Users of the Services, depending upon the User's geographic location, equipment, Device, and other factors, will have access to all Content and Services.
13.2 In order to access and use the Services and the Content, you will be required to use Device(s) and other technology meeting certain system, configuration, and other requirements established by the Museum, its content partners, licensors, and other third parties (e.g., storefront, network, website, platform, and other operators, etc.) (collectively, “”), and you are responsible for ensuring that your Device(s) and other technology meet all such requirements at all times. Additionally, the Services may provide you and other Users with the opportunity to use certain messaging and social networking features and functionality that allow you to send messages, content, and communications to other Users of the Services, as well as other contacts and social networks outside of the Services (whether sent via email, instant message, SMS text, or other means), and you acknowledge and agree that you may receive such messages from us and other Users of the Services as well. Certain wireless carrier and data access provider charges may apply to SMS messages and other messages sent to certain Devices received by you or received by the individual to whom you sent such messages. You expressly acknowledge and agree that you are solely responsible for any data access, messaging, and other service rates and charges you may incur in connection with your Device and use of the Services.
13.3 You understand that by using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable by some, which Content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that the Museum shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable.
14. Payment, Pricing, and Related Terms of Service.
14.1 We may make available certain fee-based transactions, content, and other e-commerce services, including, without limitation, the ability to purchase goods and services, on and/or in connection with the Services, whether via the Brooklyn Museum Online Shop or otherwise (“”). For example, you may be able to order certain products, services, and/or licenses through the Services, including, without limitation, additional Service features and functionality. Additional terms may apply to your use of, access to, and purchase of Fee-Based Services and such additional terms are incorporated herein by reference. You may only use the Fee-Based Services if you are 18 years of age or older and a legal resident of U.S. You agree to pay in full the prices and fees (including, without limitation, all applicable taxes (as more fully described below) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below)).
14.2 The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions, or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, the Museum may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit, or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. The Museum reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
14.3 You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Fee-based transactions in connection with the Services may include, without limitation, sales tax, use tax, and any other applicable taxes, which may be based on various factors, including, without limitation, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made in connection with the Services.
14.4 The Museum may revise any or all of the fees and prices associated with the Fee-Based Services at any time for any or no reason. Further, the Museum does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products or services on or in connection with the Fee-Based Services do not imply the Museum’s endorsement of such products or services. Moreover, the Museum and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any User from conducting any or all transaction(s); and/or to refuse to provide any User with any product. Further, if the Museum terminates your use of or registration to the Services because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees, payments, or other consideration.
14.5 If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the Fee-Based Services, you must promptly notify the Museum customer service of such complaint or dispute by sending a detailed email to email@example.com.
14.6 WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS, AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH, OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO PROVIDE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH, OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.
15. Customer Support. For assistance with technical issues, please contact firstname.lastname@example.org.
17. Promotions, Contests, and Sweepstakes. From time to time, the Museum may conduct fundraisers, promotions, and other activities on, through, or in connection with the Services, including, without limitation, contests, sweepstakes, and other programs (collectively, “Promotions”). Each Promotion may have additional terms and/or rules which shall be posted or otherwise made available to you in connection therewith.
18. Assignment. This Agreement, and any rights, licenses, and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Museum without restriction, notice, or other obligation to you.
19. Indemnity. You agree to defend, indemnify, and hold the Museum and its trustees, officers, employees, representatives, agents, licensors, suppliers, and service providers harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement or, (c) your User Postings. The Museum reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Museum’s defense of such Claim.
20. DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS MADE AVAILABLE ON, THROUGH, OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES, AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MUSEUM, ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT THE MUSEUM ASSUMES NO LIABILITY, RESPONSIBILITY, OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE, OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
21. Governing Law; Miscellaneous.
21.1 This Agreement contains the entire understanding and agreement between you and the Museum concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of the Museum to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
21.2 This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed, and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
21.3 The Services are controlled and operated by the Museum entirely from its offices in the U.S. and the Museum makes no representation or warranty that the Services or Content contained on or made available in connection therewith is legal, appropriate, or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules, and regulation, if and to the extent local laws, rules, and regulations are applicable. No software made available in connection with the Services may be downloaded, exported, or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
This Agreement was last modified on the date indicated above and is effective immediately.
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