By accessing the New Museum’s website (the “New Museum Website”) you agree to the following terms and conditions of use.
1. CONDITIONS GOVERNING REPRODUCTION AND USE:
All content on the New Museum Website, including work in the New Museum’s Digital Archive, text, images, trademarks, data, audio files, video files and clips, and software (the “New Museum Work”) is protected by U.S. copyright laws and may be covered by other laws and restrictions as well. The New Museum recognizes that the author or assignee of an original work controls the copyright of the New Museum Work and may license, grant, and restrict access to the New Museum Work. The owner also has the right to authorize a reproduction of the New Museum Work or to authorize the creation of a derivative of the New Museum Work.
Unauthorized use of the New Museum Work may violate copyright, trademark, and other laws. The New Museum expressly prohibits the reproduction of New Museum Work and the making of any derivative work incorporating any New Museum Work except for limited non-commercial, educational, and personal use only, or for fair use as defined in the U.S. copyright laws. You may not sell or prepare derivative works based on or modify the New Museum Work, or reproduce, publicly display, publicly perform, distribute, or otherwise use the New Museum Work in any way for any public or commercial purpose. The use of the New Museum Work or any portion of the New Museum Work on any other website, or in any publication, database, catalog or compilation, or in an environment of networked computer for any purpose other than personal browsing of the New Museum Website without the express prior written permission of the New Museum is strictly prohibited.
Any copy you make of the New Museum Work within the scope of the limited personal license granted here must retain, unmodified and unobscured, any and all copyright and other proprietary notices, including without limitation digital “watermarks” to indicate source and ownership, contained in the original New Museum Work.
The trademarks, logos and service marks (the “Marks”) displayed on the New Museum Website are owned by the New Museum or third parties. The New Museum prohibits you from using and/or reproducing the Marks without the express, prior written permission of the New Museum or the third party owner of the Marks.
Nothing on the New Museum website or in these terms and conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any New Museum Work of any third party. Nothing on the New Museum Website or in these terms and conditions should be construed to mean that the New Museum has authority to grant any right or license on behalf of any third party.
The New Museum may, where appropriate and at its sole discretion, take reasonable steps to disable and/or terminate access to the New Museum Website for users who commit repeated copyright and/or trademark infringement.
Anyone wishing to use content contained in the New Museum Work for any purpose other than fair use as defined by the U.S. copyright laws must request and receive prior permission from third party copyright holders and the New Museum. Requests may be addressed to:
New Museum Department Of External Affairs 235 Bowery New York, NY 10002
2. RESTRICTION ON THE USE OF WEBCRAWLERS: The New Museum reserves the right to employ robot exclusion headers, “spiders” that that systematically browse the New Museum Website, and/or similar mechanisms (“Webcrawlers”) within the New Museum Website. By using the New Museum Website you agree that you will not interfere with the Webcrawlers. Regardless of the presence or absence of Webcrawlers, and without limiting the generality of any other restriction on use of the New Museum Website or the New Museum Work forth in the Terms, you agree to not in any event use any robot, spider, Webcrawler or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of the New Museum Website’s users, or to recreate in original or modified form any substantial portion of the New Museum Website. You further agree not to use any device, software, tool, method or routine to interfere or attempt to interfere with the proper functioning and presentation of the New Museum Website. You further agree to refrain from any action that imposes an unreasonable or disproportionately large burden on the New Museum’s servers or network systems.
3. WARNING TO PARENTS AND CAREGIVERS:
The content of the New Museum Website is not intended to be viewed by minors. The content is generally uncensored, and may include nudity or other graphic or literary content that certain people may find offensive. You may find the content inappropriate for minors to view or have access to. If you allow minors under your supervision to view the New Museum Website, it is your responsibility to determine whether any of the content and subject matter displayed on the New Museum Website is inappropriate for the minor, and to control or restrict the minor’s access to the archive accordingly. If you yourself are offended by the content or find it harmful, you may choose not to use the New Museum Website.
4. DISCLAIMER OF LIABILITY
THE NEW MUSEUM DOES NOT WARRANT THAT THE NEW MUSEUM WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION. THE NEW MUSEUM DOES NOT WARRANT THAT THE NEW MUSEUM WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. THE NEW MUSEUM IS NOT RESPONSIBLE FOR THE COSTS FOR SERVICING OR REPLACING EQUIPMENT OR DATA THAT COMES AS A RESULT OF YOUR USE OF THE NEW MUSEUM WEBSITE.
THE NEW MUSEUM PROVIDES THE NEW MUSEUM WEBSITE AND MATERIAL ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE NEW MUSEUM AND ITS SUPPLIERS AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE NEW MUSEUM AND ITS SUPPLIERS AND AFFILIATES MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS ON THE NEW MUSEUM WEBSITE. IF YOU ARE IN A STATES/JURISDICTION THAT DOES NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.
NEITHER THE NEW MUSEUM OR ITS AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE NEW MUSEUM WEBSITE OR THE NEW MUSEUM WORK.
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