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Terms of Use

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Please read this Terms of Use (“Terms of Use”) carefully, as it constitutes legally binding terms and conditions and applies to your use of (a) the website located at www.gobrooklynart.org and all corresponding web pages and websites associated with the foregoing URL (“Site”), (b) the GO mobile application, web, console, desktop, and other applications (the “GO App”), and (c) any other content, applications, features, functionality, information, and services offered by us through the Site and/or the GO App, including, without limitation, viral, embeddable, or application/device-based features and related technology (e.g., mobile, web, console, desktop, and other APIs, widgets, plugins, applications, etc.) (collectively, "Services"). The Services are provided by the Brooklyn Museum and its affiliates (“Brooklyn Museum”, “we”, “our”, or “us”). These Terms of Use apply whether you are accessing the Services via a wireless or mobile device, a personal computer, or any other technology or device (each, a “Device”).These Terms of Use do not cover other services, websites, or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.

These Terms of Use apply to all users of the Services, whether or not you have registered for same (“User”, “you”, or “your”), and by using the Services you expressly understand, acknowledge, and agree to comply with this Agreement and any additional terms and conditions that we may provide to you in connection with your use of or access to same, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.)and other products and services we may offer or make available to you (“Additional Terms”). The Services may also provide rules of participation for certain activities and services, including, without limitation, contests, sweepstakes, and other initiatives (“Rules”). The Services’ Privacy Policy (“Privacy Policy”), the Additional Terms, and the Rules are hereby incorporated into these Terms of Use by reference as though fully set forth herein. To the extent that there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Use and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among the Terms of Use, the Additional Terms, and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, the Terms of Use.

1. SERVICES. Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information, and services provided by us and/or our affiliates. Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Facebook, Twitter, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. As per their terms of use, such Third Party Platforms, in addition to providing application hosting, content distribution, support, and other related services, may provide us with certain additional information about you, which may include, without limitation, your legal name, email address, and other preferences, and our access to, use of, and disclosure thereof shall be subject to the terms and conditions hereof, including the Privacy Policy.

2. ELIGIBILITY. By using the Services, you represent, warrant, and covenant that (a) you are 13 years of age or older and reside in the United States of America, its territories, and possessions (the “U.S.”), (b) your use of the Services does not violate (i) any applicable law, rule, or regulation or (ii) any applicable terms, conditions, or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s terms of use, etc.), and (c) all registration information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions.If you are a user between the ages of 13 and 18, please review these Terms of Use with your parent or guardian. Your parent or guardian should agree to these Terms of Use on your behalf and parental discretion is advised for all users under the age of 18. Further, if you provide information that is untrue, inaccurate, not current, or incomplete, or Brooklyn Museum suspects that such information is untrue, inaccurate, not current, or incomplete, Brooklyn Museum has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

3. MODIFICATIONS. We will post or display notices of material changes to these Terms of Use on the Services and/or notify you via other electronic means. However, you understand that we may modify these Terms of Use from time to time in our sole discretion. The form of notice of such material changes is at our discretion.Once we post or make them available on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes.We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

4. TERM. These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Services. You may terminate your use of or registration to the Services at any time, for any reason, and Brooklyn Museum may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use, the Privacy Policy, the Additional Terms, and the Rules, including, without limitation, any indemnifications, warranties, and limitations of liability, shall remain in effect.

5. REGISTRATION. In order to access and use certain content, features, and functionality of the Services, we may require that you (a) register for the applicable Services, whether on the Site, the GO App, a Third Party Platform, or otherwise, including, in some instances, creating and/or providing a username and password combination (“User ID”) and (b) provide to us and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain additional information, which may include, without limitation, your legal name, email address, and/or any information requested at the time you register for the Services (collectively, a “User Account”). If you elect to become a registered User of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify Brooklyn Museum of any unauthorized use of your User ID or User Account or any other breach of security. It is your sole responsibility to (i) control the dissemination and use of your User ID and User Account, (ii) control access to your User ID or User Account, and (iii) cancel your User Account on the Services. We reserve the right to deny access, use, and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. Brooklyn Museum shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.

6. USER CONDUCT. You are solely responsible for your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, you shall not:

  • intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national, or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity, or other rights of ours or of any other person or entity;

  • submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that you do not have a right to make available under any law, rule, or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

  • submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that contains a software virus, worm, spyware, Trojan horse, or other computer code, file, or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • except as expressly permitted herein, use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing, or offering goods or services or exploiting information or material obtained on, through, or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or web page;

  • modify, disrupt, impair, alter, or interfere with the use, features, function, operation, or maintenance of the Services or the rights or use or enjoyment of the Services by any other User;

  • impersonate any person or entity, including, without limitation, a Brooklyn Museum official, or falsely state or otherwise represent your affiliation with a person, entity, or User Posting (as defined herein), transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information, or statements of fact;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through, or in connection with the Services, including User Postings (as defined herein); or

  • solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information.

Brooklyn Museum, in its sole discretion, reserves the right to investigate and take appropriate legal action against anyone who violates, or is suspected of violating, this Section 6, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent, and agree that Brooklyn Museum may access, preserve, and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property, or personal safety of Brooklyn Museum, its Users, or any third parties.

7. USER POSTINGS.

A. The Services may provide you and other Users with an opportunity to participate in blogs, web communities, and other message, comment, and communication features and may provide you with the opportunity to submit, post, email, display, transmit, or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Posting, your location, activity, preferences, and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting.

B. You understand, acknowledge, and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit, or otherwise make available. User Postings do not reflect the views of Brooklyn Museum and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent, or objectionable and, as such, Brooklyn Museum does not guarantee the accuracy, integrity, quality, or content of any User Postings. Under no circumstances shall Brooklyn Museum be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available.

C. The Services, including, without limitation, all User Posting features and functionality, are for non-commercial purposes only and you may not submit, post, email, display, transmit, or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit, or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that Brooklyn Museum shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating any of the terms and conditions of these Terms of Use, including, without limitation, Section 6 herein, or is deemed to be unacceptable to Brooklyn Museum, as determined in Brooklyn Museum’s sole discretion.

D. Brooklyn Museum does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit, or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses, and privileges granted herein. In connection with all User Postings you submit, post, email, display, transmit, or otherwise make available, you grant to Brooklyn Museum the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual, and royalty-free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit, or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Brooklyn Museum, in our sole discretion (e.g., Brooklyn Museum may reformat a User Posting contributed on the Site so that it is compatible with and displayable on the GO App). For the avoidance of doubt, the rights, licenses, and privileges described in these Terms of Use and granted to Brooklyn Museum shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered User or not. You also represent, warrant, and covenant that (i) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses, and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein; (ii) your submission, uploading, posting, emailing, displaying, transmission, and/or making available of User Postings does not violate these Terms of Use, any rights of any other party or entity, any of your obligations, any law, rule, or regulation or infringe upon, misappropriate, or violate any intellectual property, proprietary, privacy, moral, publicity, or other rights of any party or entity; (iii) you are not a minor and you have the legal right and capability to enter into these Terms of Use and perform and comply with all of its terms and conditions or, if you are a minor, your parent or legal guardian has agreed to these Terms of Use on your behalf; and (iv) you hold and shall continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these Terms of Use and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

E. You acknowledge that other persons may have submitted User Postings to us, may have made public or developed, or may originate, submit, make public, or develop, material similar or identical to all or a portion of your User Postings or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of User Postings, or any posting or display thereof, is not any admission of novelty, priority, or originality. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video, or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Posting you or anyone else submits, that is purely coincidental and unavoidable.

8. PROPRIETARY RIGHTS.

A. As between you and Brooklyn Museum, Brooklyn Museum owns, solely and exclusively, all right, title, and interest in and to the Services and all content contained and/or made available on, through, or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations, and treaties. For purposes of clarification, the Content shall not include User Postings (as such term is defined in Section 7). The term “Content” includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights, and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.

B. Except as expressly set forth herein, the Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright, trademark, service mark, or other notices contained on the Services, including, without limitation, notices on any Content you transmit, display, print, stream, or reproduce from the Services. Except as expressly authorized by Brooklyn Museum and set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use any Content without the express, prior written consent of Brooklyn Museum or its owner if Brooklyn Museum is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce the same to the fullest extent of the law. We likewise respect the intellectual property of others. If you believe that the Services contain elements that infringe your copyrights in your work, please follow the procedures set forth in Section 9 below. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of web crawler, spidering, or other automated means to access, copy, index, process, and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

9. DIGITAL MILLENNIUM COPYRIGHT ACT.

A. If you are a copyright owner or an agent thereof and believe that any content on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;

  • 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 us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;

  • 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

  • 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.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Name of Designated Agent: Deborah Wythe, Head of Digital Collections & Services
Address of Designated Agent:
Brooklyn Museum
200 Eastern Parkway
Brooklyn, NY 11238
Facsimile Number of Designated Agent: (718) 501-6145
Email Address of Designated Agent: Deborah.Wythe@brooklynmuseum.org

For clarity, only DMCA notices should be sent to the Designated Agent, and any other feedback, comments, requests for technical support, and other communications should be directed to Brooklyn Museum customer service by sending an email to community@gobrooklynart.org. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.

B. If you believe that your content that was removed (or to which access was disabled), is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Brooklyn Museum for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

  • Your name, address, telephone number, and, if applicable, email address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Designated Agent, Brooklyn Museum may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Brooklyn Museum’s sole discretion.

10. PERSONAL INFORMATION. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personalized information to us or we may obtain such information from certain third parties, including, without limitation, Third Party Platforms (e.g., Facebook, Twitter, etc.) (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy, which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

11. ADVERTISEMENTS. From time to time, you may choose to communicate with, interact with, or obtain Third Party Services (as such term is defined herein) of or from advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Services or a hyperlinked site, service, or platform. All such communication, interaction, and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

12. PROMOTIONS. From time to time, Brooklyn Museum, or the Services’ operational service providers, suppliers, and Advertisers may conduct promotions on, through, or in connection with the Services, including, without limitation, contests and sweepstakes (collectively, the “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you and, for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms of Use.

13. THIRD PARTY PLATFORMS, SERVICES, AND CONTENT. The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with, or through the Services, or (b) any third party websites, content, data, information, applications, platforms, goods, services, or materials, including Third Party Platforms (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility, or liability on the part of Brooklyn Museum, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, partners, or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services', Brooklyn Museum’s, or its affiliates’ logos, marks, names, and/or sponsorship or other identification is on the Third Party Services. If any Third Party Service you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability in connection for any use, collection, or disclosure by or in connection with such Third Party Services.Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

14. DATA AND WIRELESS ACCESS CHARGES. Certain Services, including, but not limited to, the GO App, may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will Brooklyn Museum be responsible for any such data access fees and charges in connection with your use of any Services, including wireless Internet, email, text messaging, or other charges or fees incurred by you (or any person that has access to your Device, telephone number, email address, User Account, or other similar information). Further, the use or availability of certain Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services, or Devices.

15. ASSIGNMENT. These Terms of Use, and any rights, licenses, and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Brooklyn Museum without restriction and without notice to you.

16. INDEMNITY. You agree to defend, indemnify, and hold Brooklyn Museum, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers, and operational service providers harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation these Terms of Use, or (c) your User Postings. Brooklyn Museum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.

17. DISCLAIMER AND LIMITATIONS OF LIABILITY. THESE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS MADE AVAILABLE ON, THROUGH, OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BROOKLYN MUSEUM, ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT, AND TRANSMISSIONS, INCLUDING, WITHOUT LIMITATION, USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT BROOKLYN MUSEUM ASSUMES NO LIABILITY, RESPONSIBILITY, OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE, OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THESE TERMS OF USE MAY NOT APPLY TO YOU.

18. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to community@gobrooklynart.org.

19. GOVERNING LAW; MISCELLANEOUS.

A. These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures, and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Brooklyn Museum concerning the Services and your use thereof, and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

B. These Terms of Use and your use of the Services is governed by, construed, and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed, and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.

C. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES, OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

D. TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND THE BROOKLYN MUSEUM WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

These Terms of Use were last modified on May 7, 2012, and are effective immediately.