Terms and Conditions of Use

Terms and Conditions of Use

Introduction

The Solomon R. Guggenheim Foundation (the "Guggenheim") provides the guggenheim.org website, the bmwguggenheimlab.org website and the guggenheimstore.org website, as well as various microsites and subdomains that include .guggenheim.org or .bmwguggenheimlab.org in the URL, and related services, including without limitation RSS feeds, mobile websites, and mobile applications (such services, collectively, referred to herein as the "Site"), in support of its charitable and educational mission to further the understanding and appreciation of art by the public. The Site supplements the outstanding art collections and educational programs we offer on-site at the Solomon R. Guggenheim Museum, the Guggenheim Museum Bilbao, the Peggy Guggenheim Collection, and through related alliances around the world. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use (the "Terms and Conditions of Use") set forth below.

Acceptance of Terms and Conditions

By accessing the site, including by downloading, installing or otherwise using any Guggenheim mobile application, you accept without limitation or qualification these terms and conditions of use. The Guggenheim may revise these terms and conditions of use at any time, which revisions shall be binding upon you should you continue to use the site. If you do not wish to be bound by these terms and conditions of use, please exit the site now and refrain from further use.

Integrity

The Guggenheim has created and compiled the Site with careful regard for accuracy and integrity of scholarship. We believe that the context in which we present material is important to understanding it, and we will improve, modify, enhance, and expand the Site on a continuous basis. Thus, while we recognize that the Site may allow you to access subsets of this material, we urge you to consider the complete context for maximum appreciation and accuracy.

Protection of Privacy

The Guggenheim is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Site is governed by the Guggenheim's Privacy Policy. Please note that the Site is not specifically dedicated to children and that the Guggenheim does not actively solicit information from children. Children under the age of 13 must obtain permission from an adult before submitting information to the Site.

Trademarks

Many of the names, titles, building images, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks of the Guggenheim, including but not limited to “Guggenheim,” “Guggenheim Museum,” “Solomon R. Guggenheim Museum,” “Guggenheim Museum Bilbao,” “Peggy Guggenheim Collection,” “Guggenheim Abu Dhabi Museum,” and the exterior and interior building images of the Solomon R. Guggenheim Museum (collectively, the "Guggenheim Trademarks"). The trademarks of third parties may also appear on the Site from time to time. Nothing contained on the Site should be construed as granting, expressly or implicitly, by estoppel or otherwise, any right or license to use the Guggenheim Trademarks or any other trademarks displayed on the Site without the express written permission of the Guggenheim or the applicable third party trademark owner.

Copyrights and Authorized Uses

The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the "Content"), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the "Compilation"), are either proprietary to the Guggenheim or used in accordance with applicable law or third-party consents.

You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of the Guggenheim except for the purposes described below:

1. Limited personal, non-commercial use

2. Fair Use or another legislative exemption
The Guggenheim does not object to your reproduction, distribution, display, transmission, performance, and use of the Content and/or Compilation if done in accordance with 17 U.S.C. §107 ("Fair Use"), 17 U.S.C. §110 (the “Teach Act”), or other applicable legislative exemptions set forth in the U.S. Copyright Act and similar international laws. Please note that you are solely responsible for determining whether your use is subject to any statutory exemptions and for responding to any claims that may arise from your use. The Guggenheim will not be responsible in connection with any such uses.

3. Special Permission for Educators
The Guggenheim recognizes that not every educational use qualifies for Fair Use or another legislative exemption, such as the Teach Act. In order to further support the work of teachers and other educators, in accordance with our own charitable and educational mission, we therefore consent to the following additional uses of the Site:

Subject specifically to the rights of third parties (which permissions are entirely the user’s responsibility to obtain), the Guggenheim consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organization; provided, however, that such organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, license, or sell educational materials for teachers and educators.

4. Press Use
The Guggenheim provides dedicated pages on the Site for members of the press. See Press Room. Except where noted otherwise, photographs, images, press releases, and articles (the "Press Materials") that appear on these pages may be downloaded, reproduced, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to the Guggenheim and its exhibitions, programs, and events. Use of the Press Materials for any other purpose requires the additional, prior written permission of the Guggenheim and may also require the additional, prior permission of third-party rights holders, which permissions are the press user’s sole responsibility to obtain. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or archives under any circumstances.

To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy, and integrity. Photographs and other images must be reproduced in their entirety; you may not crop or otherwise alter them.

Citations and Crediting

All of the above permitted uses are subject to the following terms:

1. You must cite the author and source of the Content as you would material from any printed work.

2. You must cite the applicable Site URL as the source of the Content, but not in any way that implies endorsement of you or your use of the Content.

3. You must include any copyright, trademark, and other proprietary notices, including, without limitation, artwork attribution information, captions and credit lines (e.g., artist’s name, title and date of the artwork, medium, owner of the work, the work’s designated accession number and the name of the image photographer), which are placed in or near, or otherwise identify, the Content.

4. You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

All Other Uses of the Guggenheim Trademarks and Content

If you desire to use the Guggenheim Trademarks or Content other than as permitted herein, you must obtain the Guggenheim’s prior written permission. The Guggenheim maintains an active licensing program for commercial use of its intellectual property assets, including use of the Guggenheim Trademarks, building images, images of select artworks, and other proprietary content that may appear or be referenced on the Site. For more information on our Licensing Program, or to request permission related to your product, service, or promotion thereof, please see the Licensing page of the Site.

The Guggenheim does not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site; however, links to the Site are permitted as described in Links to The Site, below.

You may also be required to clear third party rights in Content you use, the sole responsibility for which will be your own (see Use of Third-Party Trademarks and Images below).

Use of Third-Party Trademarks and Images

If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the Site but do not belong to the Guggenheim, you should contact the third parties who are referenced as the rights holders. The Guggenheim assumes no responsibility for ascertaining whether such rights are valid, whether all of the rights holders are specified alongside Content described or for securing such rights on your behalf.

For permission to reproduce any images with a VAGA credit line, contact Visual Artists and Galleries Association, Inc. (VAGA), 111 Broadway, Suite 1006, New York, NY 10006; Phone: 212 736 6666; Fax: 212 736 6767; vaga.org or info@vagarights.com.

For permission to reproduce any images with an Artists Rights Society (ARS) credit line, contact Artists Rights Society (ARS), 536 Broadway, Fifth floor, New York, NY 10012; Phone: 212 420 9160; Fax: 212 420 9286; arsny.com.

Reservation of Rights

All rights not expressly granted by the Guggenheim herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that the Guggenheim has authority to grant any right or license on behalf of any third party.

Links to the Site

The Guggenheim appreciates the interest of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.

If you are interested in providing a link from your site to the Site, please note the following rules:

1. You must use the name Guggenheim Museum or the particular .guggenheim.org URL, or the name BMW Guggenheim Lab or the particular .bmwguggenheimlab.org URL, as applicable, to identify the link.

2. You may not reproduce or use the Guggenheim’s logo or the Guggenheim Museum building image without the prior written permission of the Guggenheim.

3. You may not frame or utilize framing techniques to enclose any Content or Guggenheim Trademarks on the Site.

4. You agree to remove your link upon the Guggenheim’s request.

Links from the Site

In using the Site, you may find that the Guggenheim provides hyperlinks to one or more third-party websites (the "Linked Sites"). The Guggenheim provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Sites. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, a Linked Site or its content, purpose, policies, or business practices.

User-Generated Content

Any communication or material you post, transmit, or distribute to the Site by electronic mail, through forums or interactive features of the Site, or otherwise, including any images, data, concepts, techniques, know-how, or other content, questions, comments, suggestions, or the like (collectively, “Your Content”), is and will be treated by the Guggenheim as non-confidential and nonproprietary. Your Content may be used by the Guggenheim and its affiliates for any purpose, including but not limited to, for any reproduction, display, performance, transmission, publication, or broadcast purpose, as well as be modified by the Guggenheim, disclosed to law enforcement entities or others, or used for developing, manufacturing, and marketing products in any medium, throughout the world. Any of Your Content posted to discussion forums on the Site may also be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. By participating in or contributing to any forum or other interactive feature of the Site, you agree to be bound by any rules posted by the Guggenheim in connection with the forum or other feature.

To the extent you do not own the rights to Your Content, the Guggenheim requires you to obtain any necessary permissions from the third-party owners before posting, distributing or otherwise making available Your Content on the Site. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that: (a) is libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourages a criminal offense; (b) contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to circumvent, disable, or override any encryption features or other protections of the Site; (d) infringes the copyright or other proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content posted; (f) intentionally interferes with or destructs the Site or servers or networks connected to the Site; or (g) or contains any advertising, promotional, or solicitation material.

You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. The Guggenheim specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that the Guggenheim believes may violate copyright laws or trademark laws or are otherwise unacceptable. You acknowledge that the Guggenheim cannot and does not review every submission to the Site and is not responsible for the content of such messages.

Digital Millennium Copyright Act; Communications Decency Act

The Guggenheim is required by law to expeditiously remove from its servers, or disable access to, any of Your Content which the Guggenheim learns or becomes aware is infringing of a third party copyright. It is the Guggenheim’s policy to terminate a user’s access to the Site when that individual or institution repeatedly infringes another’s copyright. Consistent with applicable law, the Guggenheim reserves the right to expeditiously remove any of Your Content from its servers that allegedly infringes a third party’s copyright or the other provisions of these Terms and Conditions of Use, and to terminate access to the Site by an individual or institution that is a repeat infringer. The Guggenheim will in no way be held liable for terminating access to Your Content or the Site or for failure to notify the terminated user in advance of disability access to such content or the Site.

If you are a copyright owner (or exclusive licensor) of materials presently available through the Site, and wish to have the Guggenheim remove such materials, please email copyright@guggenheim.org or contact us at Sarah G. Austrian, General Counsel; The Solomon R. Guggenheim Foundation, 1071 Fifth Avenue, New York, NY 10128-0173; Phone: 212 423 3500. The Guggenheim provides the above contact information for purposes of the DMCA only and reserves the right to respond only to communication that is relevant to this purpose.

In making a takedown request, please provide the following information, consistent with the Digital Millennium Copyright Act (17 U.S. Code § 512): (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit the Guggenheim to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an email address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Further, the Guggenheim is not the publisher or speaker of any of Your Content, as set forth in the Communications Decency Act, 47 USC § 230(c)(1), and the Guggenheim will not be liable for, or for any failure or delay in removing, any of Your Content.

User Warranty and Indemnification

By using this Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions of Use. You agree to indemnify, defend, and hold harmless the Guggenheim from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to Your Content or your use of the Site.

Disclaimer of Warranties

The Guggenheim provides the site on an "as is" basis. Your use of the site, content, and compilation is at your own risk. The Guggenheim disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third-party proprietary rights. The Guggenheim does not warrant that the site will provide continuous, prompt, secure, or error-free service. The Guggenheim makes reasonable, ongoing efforts to revise and update the site but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the site. The Guggenheim assumes no responsibility, and shall not be liable for any damage to your computer equipment, data, or other property arising from your use of the site, whether due to a computer virus or otherwise.

Limitation of Liability

Neither the Guggenheim, its affiliates, trustees, directors, officers, sponsors, collaborators, employees, nor agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the site, content, your content, and/or compilation, notwithstanding the failure of essential purpose of any remedy.

Severance and Waiver

You acknowledge and agree that if any provision of these Terms and Conditions of Use is held to be invalid, unlawful, or unenforceable, then that provision shall be deemed severed and deleted from these Terms and Conditions of Use and shall not in any way affect the validity, legality, and/or enforceability of the remaining provisions. The Guggenheim's failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless agreed to in writing by the Guggenheim.

Applicable Law and Jurisdiction

These Terms and Conditions of Use and any amendments thereto shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions of Use shall be brought in any Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire Agreement

These Terms and Conditions of Use incorporate by reference any notices on the Site and, together with the Privacy Policy, constitute the entire agreement regarding user access to the Site and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. The Guggenheim may at any time revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions of Use.


The Solomon R. Guggenheim Foundation Wireless Network


Terms of Service and Acceptable Use Guidelines (the “Wi-Fi Guidelines”)

The Solomon R. Guggenheim Foundation (the “Guggenheim”) provides free wireless Internet access (the “Service”) in the Solomon R. Guggenheim Museum in New York. By using the Service, you agree to abide by these Wi-Fi Guidelines.

1. Access to the Service is provided free of charge on an “as is” basis with no guarantees, and is completely at the Guggenheim’s discretion. The Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance or repair.

2. The Guggenheim may terminate the Service, or your access to the Service, at any time without prior notice.

3. Using the Service for the following activities is expressly prohibited:

A. Destructive Activities: For example: (i) hacking; (ii) spamming; (iii) sending Internet viruses, worms, and Trojan Horses; (iv) using the Service for activities that invade another’s privacy; (v) transmitting or otherwise making available defamatory, harassing, abusive, or threatening material or language; (vi) facilitating a violation of these Wi-Fi Guidelines; and (vii) transmitting or otherwise making available obscene or indecent materials.

B. Other Illegal Activities: Using the Service to violate any laws, statutes or regulations, including without limitation, those governing export control, piracy of software, child pornography, obscenity, trade in firearms, spamming, intellectual property rights of others, privacy, and data transfer.

4. Information passing through the Service is not secured and could be monitored, captured, or altered by others. Use of the Service is entirely at your risk. The Guggenheim is not responsible, and makes no assurances in connection with, privacy, damage, loss, theft, data loss, misdirected or undelivered data or messages, connection or network speed, security protections, protection from viruses, or any third party website or application you may access during your use of the Service.

5. Reproduction, retransmission, dissemination, or resale of the Service, whether for profit or not, is prohibited without the Guggenheim’s advance, written permission.

6. The Internet contains material that you may find objectionable or offensive. We are not responsible or liable for any third-party information, content, services, products, software or other material that can be accessed through the Service.

7. You are responsible for paying any charges that you incur from third parties through your use of the Service, and for any personal information that you make available to third parties that you access through the Service.

Last updated: December 29, 2015

© The Solomon R. Guggenheim Foundation, New York. All rights reserved.