Terms and Conditions of Use
Terms and Conditions of Use
The Solomon R. Guggenheim Foundation (the "Guggenheim") provides the www.guggenheim.org website, the www.bmwguggenheimlab.org website and the www.guggenheimstore.org website, as well as various microsites that include .guggenheim.org or .bmwguggenheimlab.org in the URL, and related services, including 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, the Deutsche Guggenheim 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 BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.
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 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 SOLOMON R. GUGGENHEIM MUSEUM, GUGGENHEIM MUSEUM, GUGGENHEIM, GUGGENHEIM MUSEUM BILBAO, PEGGY GUGGENHEIM COLLECTION, DEUTSCHE GUGGENHEIM, GUGGENHEIM ABU DHABI MUSEUM, THE EXTERIOR AND INTERIOR BUILDING IMAGES OF THE SOLOMON R. GUGGENHEIM MUSEUM, and THE ART OF THE MOTORCYCLE (collectively, the "Guggenheim Trademarks"). You may not use the Guggenheim Trademarks without the Guggenheim's prior, written permission.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Guggenheim Trademarks or may be construed to mean that the Guggenheim has authority to grant any right or license on behalf of any third-party trademark owner.
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 unless your use qualifies as (1) Fair Use or another legislative exemption, (2) Special Permission for Educators, or (3) Press Use, all of which are further described below.
Fair Use and Other Exemptions
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 limitations and exemptions set forth in the U.S. Copyright Act and related laws.
Unless otherwise noted on a particular page or section of the Site, no express permission is required from the Guggenheim for use that falls within Fair Use or another legislative exemption, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.
Beyond Fair Use: Special Permission for Educators
The Guggenheim recognizes that not every educational use qualifies for Fair Use or another legislative exemption. 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, or sell educational materials for teachers and educators. Unless otherwise noted on a particular page or section of the Site, no express permission is required by the Guggenheim for the Special Permission for Educators, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site.
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 the exhibitions, programs, and events covered in the Press Materials in newspapers, magazines, Web publications, television, or other media. Use of the Press Materials for any other purpose requires the additional, prior 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. All Press Materials must include the identifying information provided by the Guggenheim, including proprietary collection information, credit lines, copyright, and trademark notices, if any.
If your proposed use of the Guggenheim Trademarks or Content does not meet the conditions for Fair Use or another legislative exemption, Special Permission for Educators or Press Use, you must request and obtain the express, prior permission of the Guggenheim. Please be advised that the Guggenheim is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by the Guggenheim are used to further the Guggenheim's educational programs and not-for-profit mission.
Commercial Use of the Guggenheim Trademarks and Content
The Guggenheim maintains an active licensing program for commercial use of its intellectual property assets, including use of the Guggenheim name and other trade names, 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 Licensing.
Editorial Use of the Guggenheim's Images
The Guggenheim maintains an extensive archive of architecture and art images related to its history and collection, some of which may appear or be referenced on the Site. Subject to the rights of third parties (which permissions are entirely the user’s responsibility to obtain), the Guggenheim makes these available to the public for personal, scholarly, educational, and editorial use. For more information, please see Guggenheim Images.
Editorial Use of the Foundation's Text and Other Content
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.
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 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), 350 Fifth Avenue, Suite 2820, New York, NY 10118; Phone: 212 736 6666; Fax: 212 736 6767;vaga.org or email@example.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 use the Guggenheim Museum logo or building image without the express permission of the Guggenheim. These rights are reserved for entities who are professionally associated or affiliated with us.
3. We do not permit unauthorized framing of pages on the Site.
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. In most instances, such links represent cooperative projects or endeavors established with the Guggenheim's business affiliates, allies, sponsors, licensees or other organizations or individuals who have a significant connection to our mission and programs. Although the Guggenheim expects such links to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. 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, the Linked Site(s) or its content, purpose, policies, or business practices.
Digital Millennium Copyright Agent
For purposes of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), the Guggenheim has designated an agent for notices of claimed infringement. If you have any objections consistent with the provisions of this law, please note the following contact: Sarah G. Austrian, General Counsel; The Solomon R. Guggenheim Foundation, 1071 Fifth Avenue, New York, NY 10128-0173; Phone: 212 423 3500; firstname.lastname@example.org. 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.
User-Generated Content: Submissions, Comments, Entries
Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any images, data or other content, questions, comments, suggestions, or the like, is and will be treated as nonconfidential and nonproprietary. Anything you transmit or post may be used by the Guggenheim and its affiliates for any purpose, including but not limited to reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, the Guggenheim is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products using such information.
The Guggenheim may at times provide forums on the Site for the exchange of ideas and information by participants. By participating in or contributing to any such forum or other interactive feature of the Site, you agree in addition to be bound by any rules posted by the Guggenheim in connection with the forum or other feature. By posting or distributing information, materials, or modifications to the Site, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the Site that you do not own, the Guggenheim requires you to obtain any necessary permissions from the third-party owners before doing so. 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 are libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourage a criminal offense; contain 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; infringe the copyright or other proprietary rights of any third party; or contain 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. The Guggenheim cannot and does not review every submission to the Site and is not responsible for the content of such messages.
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, including Fair Use and the Special Permission for Educators described above. You agree to indemnify, defend, and hold the Guggenheim harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to 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 NONINFRINGEMENT 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, AND/OR COMPILATION.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that any such invalid term or condition shall be validly reformed by the court to as nearly approximate the intent of the parties as possible, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. The Guggenheim's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Guggenheim.
Venue and Choice of Law
These Terms and Conditions of Use and any counterparts, amendments, or revisions 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 this Agreement 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.
These Terms and Conditions of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof.
The Solomon R. Guggenheim Foundation Wireless Network
Terms of Service and Acceptable Use Guidelines (the “Wifi Guidelines”)
The Solomon R. Guggenheim Foundation (the “Guggenheim”) provides free wireless Internet access (the “Service”) in the Solomon R. Guggenheim Museum in New York.
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.
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 Wifi Guidelines; and (vii) transmitting or otherwise making available obscene or indecent materials.
b. Other Illegal Activities: Using the Service to violate any laws and 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; we make no assurances regarding privacy, security protections, protection from viruses, or any third party website or application you may access during your use of the Service.
5. Use of the Service is entirely at your risk. The Guggenheim is not responsible for any damage, loss, or theft that may occur as a result of your use of the Service.
© The Solomon R. Guggenheim Foundation, New York. All rights reserved.