Acceptance of Terms and Conditions
Carefully review these Terms and Conditions. By accessing and using this Web site, you agree to follow and be bound by these Terms and Conditions. You acknowledge (i) that you have read and understood these terms and conditions, (ii) that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions, and (iii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use, or download materials from this Web site. If you do not wish to be bound by these Terms and Conditions, please exit Warhol.org now and refrain from further use. The Andy Warhol Museum may revise these Terms and Conditions of use at any time, which revisions shall be binding upon you.
All text, graphics, designs, logos, button icons, images, audio clips, data compilations and information (“Content”) contained on this Web site is owned or controlled by The Andy Warhol Museum or its content suppliers and is protected by United States and international copyright laws. You may download Content solely for your personal use for non-commercial purposes. You may not modify or further reproduce the Content for any purpose whatsoever.
All logos and trademarks displayed on this Web site are trademarks of The Andy Warhol Museum or are the marks, trade names, trade dress of their respective owners (“Trademarks”) and are protected in the United States and internationally. No use of any Trademarks may be made without the prior written authorization of The Andy Warhol Museum or the respective owners of the Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in this Web site. All right, title and interest in the Content and the Trademarks shall reside solely with The Andy Warhol Museum or the respective owners thereof.
Requesting Permission for Use
You must request and obtain express permission from The Andy Warhol Museum for all uses of the Trademarks, or Content.
Your requests may be sent to:
Rights and Reproductions Office
The Andy Warhol Museum
117 Sandusky Street
Pittsburgh, PA 15212
For information on obtaining copyright permissions of paintings, prints, sculptures, drawings and photographs by Andy Warhol found on this website, please send a written request to Artists Rights Society, 65 Bleecker Street, 9th Floor, NY, NY, 10012 (T: 212.420.9160 or fax: 212.420.9286, www.arsny.com)
Links from Our Site
This Web site may provide hyper-links to one or more third party Web sites (the “Linked Sites”). The Andy Warhol Museum is not responsible for the content or links of the Linked Sites. We do not actively monitor or control the content or links of the Linked Sites, which may continuously change. A link from our Web site to a Linked Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
Representations of User
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. By using this Web site, you hereby represent and warrant that: (i) all information contained in any submission or posting by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights.
Limitations on Information Submitted
Any submission or posting of information by you through this Web site, or to The Andy Warhol Museum, (“Your Submission”), is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any other Internet web sites;
b. It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner’s permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to copyright, trademark, patent, or trade secret rights;
e. It may not contain information that is known by you to be untrue, false or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information posted by you;
f. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
g. It may not contain viruses, bots, Trojan horses or other programs or information which disrupts or interferes with the operation of the Web site;
h. It may not be sent for the purpose of “flooding,” “mailbombing,” or “crashing” the Web site;
i. You may not solicit money, investments or make any offering of securities or investments;
j. You may not submit chain letters or pyramid schemes;
k. It many not contain obscene, defamatory or indecent remarks;
The Museum’s Rights With Regard to Your Submissions and Conduct
The Andy Warhol Museum does not guarantee any confidentiality with respect to any Content, including without limitation comments, blog entries, forum messages, audio, video or photographs that may be submitted to the Museum. Any submission you make may be edited, removed, modified, altered or changed, including in a manner not agreeable to you.
We reserve the right to delete, move or edit submissions that, in our sole discretion, is deemed to be offensive, abusive, defamatory, obscene, or off-topic as well any submission that we believe may violate copyright laws, trademark laws or are otherwise unacceptable for any reason without prior notice.
The submission to The Andy Warhol Museum of any content by you acknowledges the existence of and constitutes a grant to the Andy Warhol Museum of a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Submissions, including without limitation for promoting and redistributing part or all of this Web site (and derivation of this Web site) in any media formats and through any media channels. You also hereby grant each user of this Web site a non-exclusive license to access Your Submissions through this site, and to use, reproduce, distribute, display and perform Your Submissions through the functionality of this Web site and under these terms and conditions
The acceptance of Your Submission by The Andy Warhol Museum does not constitute an endorsement of Your Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Submissions.
Monitoring of Information
The Andy Warhol Museum does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web site by you or other users of the site. Notwithstanding, we may in our discretion review information submitted to the Web site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject or remove any information submitted to this Web site for any reason whatsoever.
Warranty and Indemnification
By using Warhol.org in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold The Andy Warhol Museum 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 Warhol.org.
You may terminate your use of Warhol.org at any time. We may suspend or terminate your access to Warhol.org, at any time, for any reason. If we suspect that you have violated any provision of these Terms and Conditions, we may also seek any other available legal remedy. Your rights under these terms and conditions will terminate automatically if you breach any part of these terms and conditions. You remain solely liable for all obligations related to use of Warhol.org, even after you have stopped using Warhol.org.
Warhol.org and Edu.Warhol.org © 2010 The Andy Warhol Museum, a museum of Carnegie Institute (in the collected works) All rights reserved.
Warhol film and video © 2010 The Andy Warhol Museum, Pittsburgh, a museum of Carnegie Institute. All rights reserved.
Copyrights in the individual works are noted as appropriate throughout Warhol.org. All rights reserved. Every effort has been made to determine the existence and ownership of any copyrights on Warhol.org. Many original objects were collected by Andy Warhol, and it has not been possible in every instance to determine the origins of the materials, or whether any copyright exists in the material. Appropriate copyright, where available, has been set forth within Warhol.org. Please contact email@example.com for additional information on copyright crediting.
If you are a copyright owner or an agent thereof and believe that other content on this Web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Greg Burchard
The Andy Warhol Museum
117 Sandusky Street
Pittsburgh, PA 15212
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
THE ANDY WARHOL MUSEUM PROVIDES WARHOL.ORG ON AN “AS IS” BASIS. YOUR USE OF WARHOL.ORG, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. WE 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, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT WARHOL.ORG WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE WILL ASSUME 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 WARHOL.ORG. WE ASSUME 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 WARHOL.ORG, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
Limitation of Liability
IN NO EVENT SHALL THE ANDY WARHOL MUSEUM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE ANDY WARHOL MUSEUM HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions 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 near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from these Terms and Conditions. The failure by The Andy Warhol Museum 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 Andy Warhol Museum.
Venue and Choice of Law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, 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 Allegheny County and the Commonwealth of Pennsylvania, 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 Andy Warhol Museum, Pittsburgh, a museum of Carnegie Institute. All rights reserved.