The Solomon R. Guggenheim Foundation (the “Foundation”) provides this Web site (the “Site”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. It supplements the outstanding art collections and educational programs we offer onsite at the Solomon R. Guggenheim Museum, the Guggenheim Museum Bilbao, the Peggy Guggenheim, the Deutsche Guggenheim, the Guggenheim Hermitage Museum, 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 here.
ACCEPTANCE OF TERMS AND CONDITIONS
BY ACCESSING THIS WEB SITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS OF USE. THE FOUNDATION MAY REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME, BY 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 Foundation 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 digital nature of the Site may allow you to use 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 Foundation, including but not limited to SOLOMON R. GUGGENHEIM MUSEUM, GUGGENHEIM MUSEUM, GUGGENHEIM, GUGGENHEIM MUSEUM BILBAO, PEGGY GUGGENHEIM COLLECTION, GUGGENHEIM HERMITAGE MUSEUM, DEUTSCHE GUGGENHEIM, 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 Foundation’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 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 Foundation 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 Foundation or used in accordance with applicable law or third party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works, or otherwise use the Content or the Compilation without the prior, written permission of the Foundation 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 Foundation 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 laid forth in the U.S. Copyright Act and related laws.
Unless otherwise noted on the Web page, no express permission is required by the Foundation 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: www.guggenheim.org.
BEYOND FAIR USE: SPECIAL PERMISSION FOR EDUCATORS
The Foundation 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 our Site:
Subject specifically to the rights of third parties (which are entirely the responsibility of the user), the Foundation 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, said 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 the Web page, no express permission is required by the Foundation for a Limited Educational Exception, 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: www. guggenheim.org.
The Foundation provides a dedicated page on the Site for members of the press. See Press Page. Except where noted otherwise, photographs, images, press releases and articles (the “Press Materials”) that appear on this page 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 Foundation and 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 Foundation and may also require the additional, prior permission of third party rights holders, which permission is the￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼ sole responsibility of the press user. 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 Foundation, including proprietary collection information, credit lines, copyright and trademark notices, if any, and a citation to the Site: www.guggenheim.org.
If your proposed use of the Guggenheim Trademarks, Images, or Site 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 express permission from the Foundation. Please be advised that the Foundation is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by the Foundation are used to further the Foundation’s educational programs and not-for-profit mission.
Commercial Use of the Foundation’s Trademarks, Images, and other Site Content the Foundation maintains an active licensing program for commercial use of its intellectual property assets, including use of the Guggenheim name and other trade names, Museum building images, images of select artwork, 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 Foundation’s Web page on Licensing.
Editorial Use of the Foundation’s Images
The Foundation 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 are entirely the responsibility of the user), the Foundations makes these available to the public for personal, scholarly, educational and editorial use. For more information, please see Image Archive.
Editorial Use of the Foundation’s Text and other Content
The Foundation does not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site.
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 us, you should contact the third parties who are referenced as the rights holders. The Foundation assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on your behalf. Beyond the credit lines that may be listed on the Site, the Foundation does not provide addresses, phone numbers, or other contact information for third party rights holders.
RESERVATION OF RIGHTS
All rights not expressly granted by the Foundation 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 Foundation has authority to grant any right or license on behalf of any third party.
LINKS TO OUR SITE
The Foundation appreciates the interest of others in linking to our Site. If you arrive at our Site from a third party link, please note that a link to our 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 our Site, please note the following rules:
1) You must use the name “Guggenheim Museum” or the URL “www.guggenheim.org” to identify the link;
2) You may not use the Guggenheim Museum logo or building image without express permission of the Foundation. These are reserved for entities who are professionally associated or affiliated with us;
3) Your link must send visitors directly to our home page located at www.guggenheim.org or our store page located at www.guggenheimstore.org. We do not permit deep linking to internal pages of our Site, and we do not permit unauthorized framing of pages on our Site.
LINKS FROM OUR SITE
In using the Site, you may find that the Foundation provides hyper-links to one or more third party Web sites (the “Linked Site[s]”). The Foundation provides these links as a convenience for you and other users, but is not responsible for the content or links of the Linked Site(s). In most instances, such links represent cooperative projects or endeavors established with the Foundation’s business affiliates, allies, sponsors, licensees, artists, organizations and/or other persons who have a significant connection to our mission and programs. Although the Foundation 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 our 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 Foundation 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: Gail Adinoff Scovell, General Counsel, The Solomon R. Guggenheim Foundation, 1071 Fifth Avenue, New York, NY 10128- 0173, Tel.: (212) 423-3500, email@example.com. The Foundation 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.
Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any 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 Foundation or 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 Foundation 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 Foundation at times provides unrestricted forums on the Site for 1) the exchange of ideas and information by participants, and/or 2) the modification of certain online artworks and/or artwork images by viewers (each one, the “Forum[s]”). The Foundation does not edit or control the information, materials, or modifications posted to, or distributed through, the Forums. By posting or distributing information, materials, or modifications through the Forums, 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 Foundation 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 any information, materials, or modifications to the Site that is libelous, defamatory, threatening, abusive, obscene, unlawful, or that encourages a criminal offense; 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; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
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 Limited Educational Exception noted. You agree to indemnify, defend, and hold the Foundation 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 FOUNDATION PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE FOUNDATION 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 FOUNDATION DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE FOUNDATION 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 FOUNDATION ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER THE FOUNDATION, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR 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 such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. The Foundation’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 Foundation.
￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼VENUE AND CHOICE OF LAW
These Terms and Conditions of Use and any counterparts, amendments, or revisions thereto shall be governed 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 ay 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. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
© The Solomon R. Guggenheim Foundation, New York. All rights reserved.