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.
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.
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:
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 firstname.lastname@example.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.
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).
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.
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.
18. CUSTOMER SUPPORT. For assistance with technical issues or customer support inquiries, please send an email to email@example.com.
19. GOVERNING LAW; MISCELLANEOUS.
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.