Everything always sounds so great until you start talking to the lawyers.
Copyright and Other Proprietary Rights to Content
Unless otherwise noted, all of the text, images, trademarks, data, film and video files and clips, audio files and clips, archival materials, software, databases, designs and other materials on the Site (“Content”) are protected by copyright laws and may also be protected by other restrictions as well. The Warhol is the owner of the compilation of the Content posted on this Site. However, The Warhol does not necessarily own each component of the compilation. Copyright and other proprietary rights in the Content, including contractual rights, may be held by individuals or entities other than, or in addition to, The Warhol. Additionally, your use of some Content may infringe upon trademark rights, rights of publicity and/or rights of privacy of third-parties. For some Content, The Warhol records do not indicate any evidence of copyright or other proprietary restrictions, however, this does not necessarily mean that no such restrictions exist. The Warhol expressly prohibits the copying of any protected Content, except for the purposes of fair use as defined in the copyright laws and as described below.
Permitted Uses of the Content
Fair use includes the use of copyrighted materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of Content is fair use under the copyright laws and you are also responsible for responding to any claims that may arise from your use. You understand that even if your use of the Content is fair use as defined by the copyright laws, use of some Content may nevertheless be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy and/or contractual restrictions. While some, but not all, of the Content on the Site can downloaded, by downloading, printing or otherwise using the Content on this Site, you agree that you will limit your use to fair use and will not violate the copyrights or other proprietary rights of The Warhol or any other individual or entity.
Your noncommercial use of the Content on this Site is subject to the following requirements unless otherwise noted for specific Content:
- you must cite the author and source of the Content as you would Content from any printed work with the citation including the URL “www.warhollive.wpengine.com” as the source of the Content;
- you may not remove any copyright, trademark or other proprietary notices, including attribution information, credits, and notices, that are placed in or near text, images or data; and
- you must comply with all terms or restrictions, in addition to copyright terms or restrictions, including trademark, publicity and privacy rights, or contractual restrictions, as may be specified in the metadata or may otherwise apply to the Content.
Uses that Require Prior Written Permission
Unless otherwise noted, downloading, copying, transmitting, distributing, creating derivative works, modifying, publicly displaying, publishing, selling, promoting or advertising products or services or otherwise using the Content on this Site for commercial purposes or for any purpose other than fair use and noncommercial educational purposes as set forth above is expressly prohibited. Additionally, high resolution digital images of works of art and other Content may be available or may become available in the future. If you wish to use the Content for any purpose other than the permitted uses discussed above or if you wish to secure and use any high resolution digital images of the Content, you must obtain prior written permission from The Warhol, or other owner of the Content as applicable. Requests for permission for all uses of the Content on this Site should be sent to:
Rights and Reproductions Office
The Andy Warhol Museum
117 Sandusky Street
Pittsburgh, PA 15212
Please be aware that The Warhol may not be the proper party or only party that you need to contact in order to obtain permission to use certain Content. As a result, after you initially contact us, we may redirect your requests. For example, copyright permissions for paintings, prints, sculptures, drawings and photographs by Andy Warhol found on this Site may be controlled by the Artists Rights Society (65 Bleecker Street, 9th Floor, New York, NY 10012; www.arsny.com), or other similar organizations, and we may redirect your requests to such organizations.
Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, including THE ANDY WARHOL MUSEUM, are registered or unregistered marks of The Warhol and/or Carnegie Institute d/b/a Carnegie Museums of Pittsburgh. The trademarks of third-parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of The Warhol or the third party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.
No registration, login, or membership to The Warhol is required to use most of the features on the Site. Where you are required to create a User Account, including creation of a login and password, you are responsible for protecting your login and password from unauthorized use and for all activity that occurs on your account. You are prohibited from using another person’s account without permission. You agree to notify us immediately if you believe your login or password has been used without your permission. We are not responsible for losses or damages caused by your failure to safeguard your login or password.
Interactive Features and User Generated Content
The Warhol provides certain interactive features, such as blogs, where Users are invited to engage with us by submitting content such as comments, images and tags (“User Content”). While we welcome diverse insights and views, The Warhol reserves the right, but not the obligation, to delete any User Content, at our sole discretion, that we deem inappropriate. The posting of User Content on this Site does not imply any endorsement of that User Content by The Warhol.
The following types of User Content are strictly prohibited:
- User Content that infringes on the rights of a third party such as intellectual property rights, publicity rights or privacy rights;
- User Content that is threatening, defamatory, obscene, abusive, false or misleading or harmful to minors;
- User Content that contains viruses, corrupted files, or other materials that may cause damages to another’s computer;
- User Content that contains advertisements, spam, or other forms of solicitation; and/or
- User Content that could violate any law or regulation.
You are solely responsible for the User Content you submit. We make no representations that your User Content will remain available on the Site. We do not guarantee any confidentiality with respect to your User Content. You understand that other User Content will be appearing on the Site, that we are under no obligation to monitor such User Content and assume no responsibility or liability arising from such User Content, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy contained in such User Content. While we have the right to monitor User Content, we assume no responsibility for and have no obligation to remove or modify such User Content.
(b) Grant of Rights.
By submitting User Content, you hereby grant The Warhol, a worldwide, non-exclusive, fully paid-up, royalty free, perpetual, irrevocable, transferable license with the right to grant and sublicenses to use, reproduce, distribute, modify, prepare derivative works, adapt, display, perform and otherwise exploit your User Content in connection with the Site and The Warhol’s mission. This grant includes, without limitation, redistributing some or all of the User Content in any media and through any media channels now known or hereafter discovered. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content and grant The Warhol the right to use your name, likeness or voice that you submit with any User Content. You also grant each user of the Site the 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.
(c) Your Representations and Warranties Regarding User Content.
You understand and agree that you are solely responsible for your User Content and the consequences that may arise due to the posting of such User Content. You affirm, represent and warrant that you have the necessary licenses, rights, consents and permissions to use the User Content and to authorize The Warhol to post and otherwise use, and to permit other Users to use, the User Content as set forth in these Terms.
Purchasing on the Site
The Warhol has the right to refuse, limit, or cancel any orders placed on this Site. Errors in pricing are subject to correction and may be adjusted at any time. Errors on order processing are also subject to correction. You must be 18 or older to make a purchase on this Site. Where purchases are made by credit card, you agree that if legal action is needed to collect the amount due from your credit card purchase, you will reimburse The Warhol for all expenses incurred to recover the amounts due, including attorneys’ fees and other expenses. You understand that, while The Warhol will make every attempt to provide accurate information about the products sold on the Site, The Warhol does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. The Warhol also makes every effort to present the colors of the products and other items it sells on its Site as accurately as possible. The display of color depends on the settings of a User’s particular monitor. The Warhol cannot guarantee that the colors displayed on an individual’s monitor will be correct.
Links to Third-Party Sites
Digital Millennium Copyright Act
It is the policy of The Warhol to respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (DMCA). Upon receipt of a notice that complies with the DMCA, The Warhol will expeditiously remove or disable access to the content that is the subject of the notice. The Warhol may also, in appropriate circumstances and in its discretion, take reasonable steps to disable and/or terminate access of Users of this Site who may be repeat infringers of copyright. In accordance with the DMCA, if you believe that any Content on this Site infringes copyrights that you own, please provide the following information to The Warhol’s designated agent set forth below:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work you claim has been infringed;
- A description of the infringing material and information reasonably sufficient to permit The Warhol to locate the material;
- Your contact information, including your address, telephone number, and email address; and
- A statement by you, made under penalty of perjury, that the information you have supplied in your notice is accurate, 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, where applicable, that you are authorized to act on behalf of the copyright owner.
The Warhol’s designated agent for receipt of notification of any claimed infringement is:
Office of the General Counsel
Carnegie Museums of Pittsburgh
4400 Forbes Avenue
Pittsburgh, PA 15213
Disclaimer Of Warranties And Limitation Of Liability
The Warhol 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 non-infringement of copyrights or other third party proprietary rights, arising from your use of the Site or its Content. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site or any portion thereof. The Warhol assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content. THE WARHOL, CARNEGIE INSTITUTE D/B/A CARNEGIE MUSEUMS OF PITTSBURGH, AND ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBIITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO USE OF THIS SITE OR ITS CONTENT.
Termination, Modifications and Content Removal
We may, at any time:
- modify, suspend or terminate the operation of or access to the Site or any portion thereof for any reason;
- modify or change the Site for any reason;
- remove or change Content on this Site at any time in our sole discretion; or
- interrupt the operation of the Site for any reason.
You agree to indemnify, defend, and hold The Warhol, Carnegie Institute d/b/a Carnegie Museums of Pittsburgh and its affiliates, trustees, directors, officers, employees and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses and damages, arising from or relating to your use of the Site or any of the Content on the Site.
Jurisdiction, Venue and Choice of Law
Severability and Waiver
Reservation of Rights
Effective Date: May 5, 2016.
© The Andy Warhol Museum, a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh. All rights reserved.