Terms of Use

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 and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEBSITE, 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 website 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 website (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 website, 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 website 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 website. 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 website, including "SFMOMA," are Trademarks of SFMOMA. The trademarks of third parties may also be displayed on the website and are the property of their respective owners. Nothing contained in this website grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the website 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 website may contain links to third party websites. SFMOMA is not responsible for any content of any linked website. SFMOMA provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked website.

Privacy

Your privacy is important to SFMOMA. All information gathered from you in connection with your use of this website will be governed by the provisions of the SFMOMA Privacy Policy. For more information, see the complete SFMOMA Privacy Policy.

User Submissions

SFMOMA invites users to engage with us by submitting content (such as comments, images, tags, or others) to certain areas of our website, including our blog, Open Space, and the interactive feature, The Country Dog Gentlemen Travel to Extraordinary Worlds.

While welcoming diverse perspectives and insights, SFMOMA reserves the right, but not the obligation, to delete any submission that it deems inappropriate. The following types of submissions 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 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 otherwise violates any applicable law or regulation.

The Museum assumes no responsibility for user submissions and is not obligated to refuse, modify, or remove any submission, in whole or in part. Each user is solely responsible for the content that he or she submits.

User submissions are public, and by submitting content to this website, you authorize SFMOMA at its sole discretion to modify, reproduce or distribute your submission.

Disclaimer

SFMOMA is under no obligation to monitor this website 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 website. 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 website 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 website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessible through the website is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the website, 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 website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; 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 website. 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: copyright@sfmoma.org