Terms of Use


1.  Introduction

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 website in support of its mission. Access to and use of this website including any of its services and content, together with the SFMOMA pages on third party hosted sites (collectively, the "Site") are subject to the following terms and conditions and all applicable laws.

2.  Acceptance of Terms and Conditions

BY ACCESSING AND BROWSING THIS SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS OF USE, INCLUDING ANY ADDITIONAL POSTED GUIDELINES OR RULES APPLICABLE TO SPECIFIC SERVICES AND FEATURES WHICH MAY BE POSTED FROM TIME TO TIME (COLLECTIVELY, THE "TERMS").

3.   Protection of Privacy

SFMOMA is committed to protecting your privacy in accordance with all applicable laws. The SFMOMA Privacy Policy, available at http://www.sfmoma.org/pages/privacy_policy, governs SFMOMA's collection, use, and disclosure of your personal information and is hereby incorporated into the Terms by reference.

4.  Modification of the Terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on this Site indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by us at our sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the this Site. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and SFMOMA that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Site. Your continued use of the Site after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

5.  Guidelines for Use of the Site

(a) You agree not to use the Site for any purpose or activity (or to solicit the performance of any activity) that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by the Terms.

(b) You agree not to use the Site if you do not meet the eligibility requirements described in Section 1 above.

(c) You agree not to defame, harass, abuse, threaten, stalk, or defraud users of the Site. You further agree not to collect or attempt to collect personal information about users or third parties without their consent.

(d) You agree not to intentionally interfere with or damage, impair, or disable the operation of the Site or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

(e) You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.

(f) You agree not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or any part of them through hacking, password mining, or any other means.

(g) Except in connection with indexing the Site for search engines, you shall not use any robot, spider, scraper, or other automated means to access the Site without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

(h) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(i) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

6.  Permitted Use of Materials

SFMOMA and its licensors are the owners of the text, images, marks, data, audio, video, design, codes, and all other content that is posted on this Site, but excluding any Non-SFMOMA Content (as defined below) (collectively the "Materials").

Nothing in these Term shall prohibit you from: (a) fair use of the Materials as defined by applicable law, (b) using the Materials to the extent such Materials are in the public domain, or (c) personal, educational, and other non-commercial uses of the Materials, on the following terms:

  1. You must cite the Materials as you would Materials 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.
  2. 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 Materials.

Information on United States copyright fair use law is available from the United States Copyright Office at http://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.

7.  Requesting Permission

We are committed to protecting the copyrights and other intellectual property rights of creative artists and others. SFMOMA expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, or publication of any Materials or Non-SFMOMA Content on this Site except as explicitly set forth herein.

If you wish to use any of the Materials or Non-SFMOMA Content, you must request and receive prior written permission from us (or other owner of the Materials as applicable) unless such use is explicitly authorized in the Terms. We review all written requests and permission may be granted on a case-by-case basis at our sole discretion. A fee may be involved depending on the type and nature of the proposed use. Photographic and digital images of the works in SFMOMA's collection may be available through SFMOMA's Intellectual Property Associate, whose contact information is listed below; however, permissions must be secured from any third-party rightsholders.

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

8.  User Generated Content

(a) General. We invite users to engage with us by submitting content (such as comments, images, and tags) ("User Content") to certain areas of our Site, including our blog, Open Space, and the interactive feature, The Country Dog Gentlemen Travel to Extraordinary Worlds. While welcoming diverse perspectives and insights, we reserve the right, but not the obligation, to delete any User Content that we deem inappropriate at our sole discretion. The following types of User Content are inappropriate and are strictly forbidden: content that infringes, violates, or misappropriates the rights of any other person or third party such as intellectual property rights, publicity rights, or privacy rights; content that is threatening, defamatory, obscene, abusive, or harmful to minors; content that is false or misleading; content that contains viruses, corrupted files, or other materials that may cause damage to another's computer; advertisements, spam, or other forms of solicitation; content that could violate any law or regulation; content that we otherwise find inappropriate at our sole discretion. We make no representations that your User Content will remain available via the Site in any way. We do not guarantee any confidentiality with respect to any submission and we are not obligated to refuse, modify, or remove any submission, in whole or in part.

(b) Grant of Rights. By submitting User Content to us, you hereby grant SFMOMA and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Site and SFMOMA's business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant SFMOMA and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Site and the Terms.

(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by us and the Terms, and to grant the rights and license set forth in this Section.

9.  Non-SFMOMA Content

You understand that when using the Site you will be exposed to User Content and other third party content (together, the "Non-SFMOMA Content") from a variety of sources. We are under no obligation to monitor the Non-SFMOMA Content and assume no responsibility or liability arising from the Non-SFMOMA Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Non-SFMOMA Content. If at any time, we choose, at our sole discretion, to monitor the Non-SFMOMA Content, we nonetheless assume no responsibility for the Non-SFMOMA Content, no obligation to modify or remove any inappropriate Non-SFMOMA Content, and no responsibility for the conduct of the user submitting any such Non-SFMOMA Content. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. 

10.  Digital Millennium Copyright Act

It is SFMOMA's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to SFMOMA's DMCA Notification Guidelines. SFMOMA will promptly terminate without notice any access to the Site if you are determined by SFMOMA in its sole discretion to be a "repeat infringer." 

11.  Links

This Site may contain links to third party websites ("Linked Sites"). We are not responsible for any Content on any Linked Site. We provide these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the Linked Sites. Linked Sites are governed by their own terms and policies, which SFMOMA encourages you to read, should you chose to visit them. 

12.  Warranty and Indemnification

You represent and warrant that your use of the Site will be consistent with the Terms. If you are using the Site or opening an SFMOMA online account on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to the Terms and agree to be bound by the Terms on behalf of such Subscribing Organization. You agree to indemnify, defend and hold SFMOMA harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Site.

13.  Disclaimer of Warranties

ACCESS TO AND ALL MATERIALS ON THE SITE ARE 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 THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR AND MALWARE-FREE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

14.  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 OF OR INABILITY TO USE THE SITE; (B) YOUR RELIANCE ON ANY CONTENT ON THE SITE; (C) ANY GOODS OR SERVICES PURCHASED THROUGH USE OF THE SITE; OR (D) ANY GOODS OR SERVICES ADVERTISED ON THE SITE; EVEN IF SFMOMA OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, SFMOMA IS FOUND TO BE LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH ARISES IN ANY WAY (INCLUDING IN NEGLIGENCE) OUT OF OR IS IN ANY WAY CONNECTED WITH THE SITE OR MATERIALS, SFMOMA'S LIABILITY SHALL (SAVE AS PROHIBITED BY APPLICABLE LAW) IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY AMOUNTS PAID BY USER TO SFMOMA IN RELATION TO THE PART OF THE SITE OR MATERIALS TO WHICH THE CLAIM RELATES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM, OR (2) US $100.00.

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.

15.  Termination

The Terms will continue to apply until terminated by either you or us as set out below. Your right to access and use the Site terminates automatically upon your breach of any of the Terms.

We may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Site for any reason; (b) modify or change the Site for any reason; (c) interrupt the operation of the Site for any reason, all as we deem appropriate at our sole discretion.

Your access to, and use of, the Site may be terminated by you or by us at any time and for any reason. We will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by us that is not caused by your breach of the Terms.

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 8 through 17. Any license to User Content granted by you herein shall continue in effect subject to the terms of the applicable license.

16.  Governing Law and Jurisdiction

The Terms are governed by the laws of the State of California without giving effect to any principles of conflicts of law. You hereby irrevocably consent and submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.

17.  Miscellaneous

The Terms express the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and agreements, written or oral, regarding this Site. If any provision of the Terms or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of the Terms shall remain in full force and effect. The failure by SFMOMA to insist upon or enforce strict performance of any provision of the Terms by you or others will not be construed as a waiver of any provision or right of SFMOMA. The Terms, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but may be assigned by SFMOMA without restriction. Any assignment attempted to be made in violation of the Terms shall be void. Section headings used in this document are for convenience only and do not have any legal effect.

18.   Contact

For questions, inquiries, or correspondence, please contact:

Intellectual Property Associate
San Francisco Museum of Modern Art
151 Third Street
San Francisco, CA 94103
Email: copyright@sfmoma.org
Phone: 415.618.3268

 

UPDATED: March 4, 2011