The Montgomery Museum of Fine Arts (the “MMFA”) welcomes you to its website (the “Site”). The Site is owned and operated by the MMFA. These Website Terms and Conditions (the “Agreement”) contains the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use the Site, its features and the content displayed on the Site. This Agreement also incorporates the Montgomery Museum of Fine Arts’s Privacy Policy, which is applicable to your use of this Site and can be found here. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
(1) ACCEPTANCE OF TERMS
By accessing and using the Site you affirmatively acknowledge that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Agreement and agree to be legally bound by it. The MMFA reserves the right to update or modify this Agreement (and the Privacy Policy) at any time subject to providing, where practicable, notice to you (e.g., by postings on the Site). You agree to periodically review the Agreement and your continued use of this Site, following reasonable notice of any such modifications, will constitute acceptance of such changes. Notices we may provide on this Site itself shall be deemed reasonable notice for this purpose.
(2) INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by the Montgomery Museum of Fine Arts. The text, images, graphics, information and other data on the MMFA Site are protected by law, including but not limited to, United States intellectual property law and related law (including copyright law, trademark law, and individual’s rights of publicity), as well as other state, national, and international laws and regulations and also may be covered by other restrictions. All content, including but not limited to images, information, products, services, documentation, software, trademarks, service marks, trade names, logos, and icons provided by the MMFA or featured on the Site are proprietary to the MMFA or its licensors, unless otherwise indicated. Except as otherwise indicated, the MMFA retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in the Site (collectively, the “Content”), including the selection and arrangement of elements of the Site as a collective work.
Unless otherwise indicated, the Content of the Site is © 2020. The Montgomery Museum of Fine Arts. All Rights Reserved.
Certain images used on the Site are made available in small size and/or low resolution due to restrictions imposed by MMFA licensors or otherwise in deference to certain third-party intellectual property rights.
Many of the trademarks, service marks, logos, and trade names (collectively, the “Trademarks”) displayed on this Site, are registered and/or unregistered marks of the MMFA or its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for any User to use any Trademarks displayed or featured on the Site without the written permission of the MMFA or such third party that may own the Trademarks displayed on the Site.
(3) INFRINGEMENT NOTICES
The MMFA respects the intellectual property of others, and we ask users of the Site to do the same. The MMFA may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Site of Users who may be repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the MMFA’s Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the MMFA Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(4) GRANT OF LICENSE
Subject to the terms of this Agreement and your continued compliance therewith, the MMFA grants to you a personal, revocable, nonexclusive, nontransferable license to reproduce, download in electronic or hardcopy form, distribute and publicly display selected and limited portions of this Site and its Content for personal, non-commercial, scholarly, research, news reporting, commentary, educational and general viewing purposes. This license is conditioned upon your ensuring that all copies of any Content display all copyright and other applicable proprietary rights notices to the extent such notices are contained in such Content and provided further that you do not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to the MMFA.
You must also provide proper attribution to the Content to the MMFA or third-party rights holders, as applicable, in connection with your use of any Content. You may not reproduce, distribute, publicly display and/or create derivatives of, or otherwise exploit the Content for a fee or for other commercial purposes except pursuant to a separate written agreement with the MMFA or its licensors. If you wish to use any Content for any commercial purpose or any purpose not permitted by this Agreement, please contact the MMFA at curatorial@mmfa.org.
Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of the MMFA. You represent and warrant to the MMFA that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Site; (b) collecting any information about other users of the Site; or (c) systematically extracting data contained in the Site to populate databases for internal or external use.
(5) PRIVACY POLICY
Please see the Montgomery Museum of Fine Arts’s Privacy Policy for a summary of the Montgomery Museum of Fine Arts’s personal data collection and use practices with respect to the Site. The Privacy Policy is incorporated in this Agreement. By using this Site, you consent to the Montgomery Museum of Fine Arts’s collection and use of personal data as outlined therein.
(6) ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While the MMFA has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, the MMFA is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The MMFA shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
(7) LINKS
The MMFA provides links to other resources and websites on the World Wide Web for your convenience in locating related information and content. The MMFA has no control over such sites or resources, since third parties maintain them, and has not necessarily reviewed these sites. Accordingly, the MMFA expressly disclaims any responsibility for the availability of such external sites or resources, the privacy policies and information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. In addition, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any website or the products or services provided by any third party. The MMFA expressly disclaims any liability, whether direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on websites or related services it does not control.
(8) INDEMNIFICATION
You agree to indemnify and hold harmless the MMFA, its trustees, officers, employees, legal representatives, licensors and agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (1) any content you submit, post, transmit or otherwise make available to the MMFA via the Site, your use of and connection to the Site and the services offered through it, your breach of this Agreement, or your violation of any rights of another, (2) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; and (3) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of information due to the negligence of the MMFA or its agents; and (d) any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction); unauthorized access or theft; operator errors; communications line failure or systems failures; or any other cause beyond the reasonable control of the MMFA or its agents.
(9) DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. THE MMFA and its agents and all of their respective licensors, employees, agents, directors, officers, proprietors, partners, representatives, shareholders, legal representatives, servants, attorneys, predecessors, successors, and assigns expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MMFA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON.
Neither the MMFA or its agents warrant or make any representations that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure, or error free, or (c) results that may be obtained from the use of the Site (including any information and materials on this Site) will be correct, accurate, reliable, or otherwise.
Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the MMFA.
(10) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE MMFA OR ITS AGENTS, OR ANY OF THEIR RESPECTIVE LICENSORS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, LEGAL REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES FOR LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, goodwill, use, data or other intangible losses (even if THE MMFA has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the SITE OR service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SITE OR service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the SITE OR service; or (e) any other matter relating to the SITE OR service.
IN ANY EVENT, THE AGGREGATE LIABILITY OF THE MMFA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE AND THE CONTENT SHALL NOT EXCEED $100.00 (U.S.).
(11) SUBMISSIONS
The MMFA also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the MMFA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
(12) GOVERNING LAW
The Terms and Conditions and the relationship between you and the Montgomery Museum of Fine Arts shall be governed by the laws of the State of Alabama, without regard to conflicts of law rules. You and the MMFA agree to submit to the personal and exclusive jurisdiction and venue for any dispute in the state and federal courts of Montgomery, Alabama.
(13) TERM, TERMINATION, AMENDMENTS
The MMFA reserves the right in its sole discretion to terminate or restrict your use of the Site, or any part of the Site, without notice, for any or no reasons, and without liability to you or any third party.
(14) WAIVER
Failure to insist on strict performance of any of the terms and conditions of this Agreement by the MMFA will not operate as a waiver of any subsequent default or failure of performance. No waiver by the MMFA of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
(15) NATURE OF RELATIONSHIP/SEVERABILITY
No joint venture, partnership, employment, or agency relationship exists between you and the MMFA as a result of this Agreement or your use of this Site. If a court or tribunal of competent jurisdiction holds any provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
(16) ENTIRE AGREEMENT/RESERVATION OF RIGHTS
This Agreement, including the Privacy Policy, represent the entire agreement between you and the MMFA with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the MMFA with respect to this Site. Any rights not expressly granted herein are reserved.
