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As part of its mission, SFMOMA seeks to engage a varied audience with
the ideas, forms, and makers of the art of our time. SFMOMA has created
and maintains this Web site in support of its mission. Access to
and use of this Web site and its contents are subject to the following
terms and conditions and all applicable laws. BY ACCESSING AND BROWSING
THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS.
SFMOMA may at any time revise these terms and conditions. You are
solely responsible for being in compliance with the then-current terms
and conditions.
COPYRIGHT
SFMOMA is committed to protecting the copyrights and other intellectual
property rights of creative artists and others. SFMOMA has taken all
reasonable steps to ensure that all reproductions on this Web site
are produced according to applicable laws. Copyrights and other proprietary
rights in the materials on this site may subsist in individuals and
entities other than SFMOMA. You hereby acknowledge and agree that,
subject to valid third-party rights, SFMOMA retains all intellectual
property rights, including without limitation copyrights, trademarks,
service marks, patents, and other proprietary rights, in and to the
texts, images, marks, data, and all other content contained in this
Web site (collectively “Materials”). SFMOMA expressly prohibits the
reproduction, distribution, transmission, sale, transfer, creation
of derivative works, modification, public display, public performance,
publication or any commercial exploitation of any Materials on this
Web site, except for the purposes of fair use as defined in the copyright
laws, and as described below.
Reproduction of any images © VAGA is prohibited without written authorization from Visual Artists and Galleries Association, Inc. (VAGA).
350 Fifth Avenue, Suite 2820
New York, NY 10118
Tel: 212.736.6666
Fax: 212.736.6767
info@vagarights.com
Reproduction of any images © Artists Rights Society (ARS) is prohibited without written authorization from Artists Rights Society (ARS).
536 Broadway, 5th floor
New York, NY 10012
Tel: 212.420.9160
Fax: 212.420.9286
www.arsny.com
GENERAL USE
With the exception of fair use as described below, unauthorized reproduction, distribution, and exploitation of the Materials is not permitted. Anyone wishing to use any of the Materials for any purpose other than fair use as set forth below must request and receive prior written permission from SFMOMA. SFMOMA reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of SFMOMA. A usage fee may be involved depending on the type and nature of the proposed use. Photographic and digital images of SFMOMA objects may be available through SFMOMA's Intellectual Property Manager, whose contact information is listed below; however, permissions must be secured from any third-party rightsholders
FAIR USE
In accordance with the applicable copyright laws, any materials authored by SFMOMA may be used for limited personal, educational, and non-commercial purposes without permission, provided that the source of the materials is cited. Unless otherwise noted, users who wish to download or print any materials authored by SFMOMA from this Web site for such uses may do so without SFMOMA's express permission. Users must cite the material as they would material from any printed work; the citation should include the URL "www.sfmoma.org" in addition to all copyright and other proprietary notices contained on the materials. Note, however, that certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by SFMOMA. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and SFMOMA will have no responsibility in connection with securing such necessary rights for any materials on the Web site. Any use of the Materials that does not qualify as fair use is subject to SFMOMA's prior written approval, and the user must request and receive such approval prior to any use.
TRADEMARKS
The trademarks, trade names, logos and service marks ("Trademarks") displayed on this Web site, including "SFMOMA," are Trademarks of SFMOMA. The trademarks of third parties may also be displayed on the Web site and are the property of their respective owners. Nothing contained in this Web site grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Web site without written permission of SFMOMA or any third party owner of the Trademark. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.
LINKS
This Web site may contain links to third party Web sites. SFMOMA is
not responsible for any content of any linked Web site. SFMOMA provides
these links as a convenience only, and a link does not imply endorsement,
sponsorship, or any affiliation with the linked Web site.
PRIVACY
Your privacy is important to SFMOMA. All information gathered from you in connection with your use of this Web site will be governed by the provisions of the SFMOMA Privacy Policy. For more information,
see the complete SFMOMA Privacy Policy.
DISCLAIMER
SFMOMA is under no obligation to monitor this Web site and assumes
no responsibility or liability arising from the content nor for any
error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy contained in any information
within the Web site. Users are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
SFMOMA will fully cooperate with any law enforcement authorities or
court order requesting or directing SFMOMA to disclose the identity
of anyone posting any such information or materials.
DISCLAIMER OF WARRANTIES
This Web site is provided to you “as is” and “as available” with no
warranty. To the maximum extent permitted by law, SFMOMA disclaims
all warranties or conditions of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement, the implied condition
of satisfactory quality and implied warranties arising from course
of dealing or course of performance. SFMOMA does not warrant, or
make any representations that: (a) the Web site will meet your
requirements; (b) the Web site will be uninterrupted, timely, secure,
or error free; (c) the results or information that may be obtained
from use of the Web site will be accurate or reliable; (d) the quality
of any products, services, information, other material purchased or
obtained by you through the Web site will meet your expectations;
or (e) the Web site or material accessible through the Web site is
free of viruses or other harmful components. You acknowledge that
if you rely on any information or content on the Web site, you do
so solely at your own risk. Some jurisdictions do not allow the exclusion
of certain warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
You expressly understand that in no event will SFMOMA or its officers,
directors, parents, subsidiaries, affiliates, agents, licensors, or
suppliers be liable for any direct, indirect, consequential, incidental,
special, exemplary, or punitive damages, including, but not limited
to, damages for loss of profits, goodwill, use, data, or other intangible
loss, whether in an action under contract, tort (including negligence)
or otherwise, arising out of or relating to: (a) your use or inability
to use the Web site; (b) your reliance on any content on the Web site;
(c) any goods or services purchased through use of the Web site; or
(d) any goods or services advertised on the Web site; even if SFMOMA
or any related party has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability
for incidental or consequential damages, so some of the above limitations
may not apply to you.
JURISDICTION
These terms and conditions are governed by the laws of the State of
California. Each party hereby irrevocably consents to exclusive jurisdiction
of the state and federal courts located in San Francisco, California.
MISCELLANEOUS
These terms and conditions express the complete understanding of the
parties with respect to the subject matter hereof and supercedes all
prior and contemporaneous communications and agreements, written or
oral, regarding this Web site. If any provision of this Agreement
or portion thereof is held invalid or unenforceable, such provision
or portion thereof shall be deemed severed, and the remainder of this
Agreement shall remain in full force and effect. The failure by SFMOMA
to insist upon or enforce strict performance of any provision of the
Terms of Use by you or others will not be construed as a waiver of
any provision or right of SFMOMA. You may not assign or transfer
these Terms of Use or any rights hereunder, and any attempt to the
contrary is void. The Terms of Use will inure to the benefit of SFMOMA
and its successors and assigns. Section headings used in this document
are for convenience only and do not have any legal effect.
CONTACT
For questions, inquiries, or correspondence, please contact:
Intellectual Property Manager
SFMOMA
151 Third Street
San Francisco, CA 94103
Email:
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