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Terms and Conditions


The Cleveland Museum of Art (the “CMA”) serves its publics through www.clevelandart.org (including websites accessed via mobile devices as well as downloadable mobile applications, collectively, “Websites”), application program interfaces (“APIs”) and platforms outside CMA where CMA content is hosted, (“Affiliates”) in support of the CMA's mission to create transformative experiences through art, “for the benefit of all the people forever.”
 
Users accessing these Websites, “APIs,” “Affiliates” or parties external to CMA (collectively, “Third-Parties”), agree to be bound by the following Terms and Conditions of Use, which CMA may change at any time, without notice, and in its sole discretion. Users are encouraged to visit this page from time to time to review current terms and conditions.

The Website, API, and Affiliate sites may contain other proprietary information, notices and limitations, the terms of which must be observed and followed.  You agree that you will not in any way modify, add to, delete from, or tamper with any Content or feature of the Website, API and Affiliates or interfere in any way with their proper functioning.  CMA reserves the right to suspend or terminate access to the Website, API, and Content in conjunction with Affiliates by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of CMA or Third Parties.  We may take steps to prohibit access and/or use without prior notice to any such user. With the exception of use regulations as described within these Terms and Conditions , unauthorized reproduction, distribution, and exploitation of the Content is not permitted. 

You are authorized to use Content (as defined within these Terms and Conditions), depending on the nature of the Content. All rights not expressly granted within the below Usage Regulations section are explicitly, specifically, and completely reserved. Consult the Image and Data Services Frequently Asked Questions for further information as related to uses defined in these Terms and Conditions.

Usage Regulations
 
(1)  Open Access Content with Creative Commons Zero (CC0)

Creative Commons legal tools help entities like CMA legally share knowledge and creativity to build a more accessible and innovative world. Open Access “Content” (images, data, software, and documentation or other information contained in these files or others) is designated with Creative Commons Zero. Creative Commons Zero (CC0) is a public domain dedication tool that, when applied to content, relinquishes all copyright and related rights that the dedicator may have in a work. CC0 Content may be used free-of-charge for both commercial and non-commercial purposes without the prior consent or permission of CMA, including copying, modification, distribution or performance. CMA uses CC0 for two categories of Content. The first is Content in which CMA owns all rights, such as some of the Content its employees create. The second is Content that CMA digitizes and reasonably believes is in the worldwide public domain.

When CMA uses CC0 on Content that CMA digitizes and reasonably believes is in the worldwide public domain, it is dedicating any copyright it may have in the digitized version to the public domain—it does not change or affect the underlying copyright status of the Content that has been digitized. CMA has applied CC0 to digitized images of public domain artworks, portions of its metadata, which may, from time-to-time, include a reference or a link to materials as to which CMA owns the copyright.  If CMA includes a reference or link to materials that are not under CC0 and so indicates, then that information is not under CC0 and CMA retains any copyright it has for these materials. CMA makes no statements, representations or warranties as to and disclaims any responsibility for any Third Party’s rights in and to any Content identified as CC0 Content and you are at your own risk for any use of such Content. For more information about CC0, please visit https://creativecommons.org/publicdomain
 

(2) Open Access Collection Application Programming Interface (API) 
 
CMA API provides the public with Open Access to a portion of metadata and images in the CMA's collection that, upon reasonable investigation, it believes are in the public domain, but CMA makes no representations or warranties that such metadata or images are in the public domain, and to certain other content that CMA has created, compiled, and presented in which CMA waives all copyright under CC0.

  • Use of CMA’s API is subject to the provisions of these Terms and Conditions, including without limitation the provisions on Trademarks, Authorized Uses, Security, Privacy, Links to Third Party Sites, Disclaimer of Warranties, Limitation of Liability, Digital Millennium Copyright Act, Indemnity, and Applicable Law and Jurisdiction.
  • CMA’s Privacy Policy applies to CMA's API. CMA will monitor, collect, and store IP addresses, usage information to monitor service load, and analyze and improve the API.
  • CMA does not provide technical support in connection with CMA API and does not guarantee availability of the service or accuracy of the Content. There may be times when the API is not available due to development, maintenance, or otherwise.
  • At its sole and absolute discretion CMA may restrict access to or discontinue the API or any functionality associated with the API. CMA may limit the number of transactions a user may send or receive through the API, which may, for example, ensure even performance for all users, or may in the future require access through assigned keys. 
  • Users are encouraged to refresh API data regularly for the most updated Content available; information may change and CMA may add to, delete, or otherwise modify Content.

 
(3) Copyright, Proprietary Rights and Other Restricted Content
 
Content not identified as Open Access with Creative Commons legal tools, including Creative Commons Zero (CC0), may be used only for limited non-commercial, educational, and personal use, or for fair use as defined within the applicable United States Copyright Laws or other applicable copyright exceptions and limitations that may apply. Unless otherwise noted, users who wish to download or print any materials authored by CMA from this Website for such uses may do so without CMA’s express permission.  You may not sell any Content not identified as Open Access with Creative Commons Zero (CC0) for any purpose. Anyone wishing to use any of the Content not identified as Open Access with CC0 must request and receive prior written permission from CMA. CMA reviews all written requests and permission may be granted on a case-by-case basis at the sole discretion of CMA.  
 
Images of CMA’s objects under copyright or with other restrictions may be available through Image and Data Services and the request form. A processing fee of $75 applies for image services. Additional fees may also apply depending on the type and nature of the request. Certain works of art, as well as images of those works of art, may be protected by copyright, trademark, or related interests not owned by CMA. Permissions must be secured from any Third-Party rights holders. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permissions remains solely with the user and CMA will have no responsibility in connection with identifying or securing such necessary rights for any Content on the Website.
 
Reproduction of any images © Artists Rights Society (ARS) or © VAGA is prohibited without written authorization from the following:
536 Broadway, 5th Floor
New York, NY 10012
Tel: 212-420-9160
Fax: 212-420-9286
www.arsny.com
 
(4) Citation
Works designated as CC0 do not require attribution or citation. Copyrighted content, content with proprietary rights, or that is otherwise restricted for limited non-commercial, educational, and personal uses should be cited including the URL “www.ClevelandArt.org” in addition to all copyright and other proprietary notices contained on the materials. Citation of CMA’s CC0 or restricted content does not imply endorsement by CMA, nor does it grant permission to use CMA’s trademarks without prior approval. 
 
(5) Trademarks. 
The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, CMA™, THE CLEVELAND MUSEUM OF ART®, THE CLEVELAND MUSEUM OF ART AND DESIGN™, and ARTLENS® are registered or unregistered trademarks of CMA, Affiliates, or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.
 
Consult the Image and Data Services Frequently Asked Questions for further information as related to use regulations defined in these Terms and Conditions.

User-Generated Content.  Through the action of posting Content on the Websites, users agree to comply with all requirements and procedures for posting, including the strict prohibition of posting objectionable Content.  CMA reserves the right, but not the obligation, to remove any content which CMA, in its sole, exclusive, and absolute discretion, deems objectionable.  CMA Reserves the right immediately, without warning, and at any time to terminate access of a user who posts such objectionable content.  Examples of objectionable content include, but are not limited to, unlawful, threatening, or infringing material.     
 
Registration.  To access this Website or some of the resources offered on this Website, you may be asked to provide registration details.  It is a condition of use of this Website that all the details you provide will be correct, current, and complete.  If CMA believes the details are not correct, current, or complete, CMA has the right to refuse you access to the Website, remove all Content that you have contributed or any of its resources, and to terminate or suspend your account.

Security.  Any passwords used for this Website are for individual use only.  You shall be responsible for the security of your password (if any).  CMA shall be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that CMA considers insecure, CMA will be entitled to require it to be changed and/or terminate your account.  You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts.  The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools, or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, CMA reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  CMA also has the right to refuse you access to the Website or any of its resources, remove Content that you have contributed, and terminate or suspend your account.

Responsibility.  Please act responsibly when using this Website.  You may only use this Website and its contents for lawful purposes and in accordance with applicable law, and you are prohibited from storing, distributing, or transmitting any unlawful material through this Website.  You may not collect or store personal information regarding other users.  You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.  You agree that if a Third Party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful.  You understand and agree that all materials publicly posted (other than by CMA) or privately transmitted on or through this Website are the sole responsibility of the author/contributor, not CMA, and that you are responsible for all material you upload, post, or otherwise transmit to or through this Website.

Linking and Framing. Without the prior written permission of CMA, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of CMA or any of their licensors into another website or other service.
 
Rights to All Submissions. With the exception of any and all Video Submissions described below, all material you submit to our Website including, without limitation, public postings, chat rooms, forums, blogs, moderators, and other areas, and any material you submit via emails to CMA whether through info [at] clevelandart.org or otherwise or in any form to any representative of the Website, whether text or images, becomes the property of CMA and may be reproduced, modified, and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products, or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit.  Further, you understand that by posting material on the Website, you are granting to CMA, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by CMA, and the Affiliates, licensees, successors, and assigns of same (the “CMA Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on CMA’s community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.  The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.  Also, in connection with the exercise of such rights, you grant CMA, and anyone authorized by CMA, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as CMA deems appropriate without any obligation by CMA.  You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to CMA as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as photographs or original artwork.  If you make submissions, you agree to grant to us and our Affiliates all rights described herein.  CMA has the right to reject any submissions and you acknowledge that CMA may have similar materials.  By using this Website, you waive all rights to any submission.

Rights to Video Submissions. If you submit user-generated video to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant the CMA Parties a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your user-generated video submitted hereunder, as well as your name, voice, likeness, and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below.  You acknowledge and agree that you shall not be entitled to share in any revenue that the CMA Parties may or may not earn or generate through its use of your Video Submission.

CMA Parties’ Right to Use Your Video Submission. You grant the CMA Parties the non-exclusive right to edit, blur, or remove Content in any manner, and to use and distribute and license others to use and distribute your Video Submission, or any portions, reproductions, or versions thereof, on the Websites, products, and/or services (in any and all media, now known or hereafter invented, including, without limitation, television, home video, DVD products, motion pictures, blogs, websites, mobile services, products, or any other commercial promotion) of the CMA Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other Third Parties.  You also grant the CMA Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.

Clearance of Your Video Submission for the CMA Parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases, and permissions necessary for the CMA Parties’ use and distribution of your Video Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”).  You represent and warrant that (i) no licensed music or other protected materials are used in your Video Submission; (ii) no further permissions or fees are due for the CMA Parties’ use and distribution of your Video Submission or any Elements therein; (iii) any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any Third Parties; (iv) you have not accepted money or other consideration from Third Parties for your Video Submission; (v) no logos or brand identifiers are visible in your Video Submission or, if visible, you grant to the CMA Parties the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Video Submission; and (vii) no money or other compensation is due to any person, entity, or union in relation to the Video Submission.

Release and Waiver; Indemnification. You acknowledge that the CMA Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder.  You agree to indemnify and hold CMA, its trustees, officers, employees and agents harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Content you post, store, or otherwise transmit on or through the Website or your use of the Website, including, without limitation, any actual or threatened suit, demand, or claim made against CMA, its trustees, officers, employees and agents, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions of Use, or your violation of the rights of any Third Party.

Sales Terms.  Various products may be offered for sale through the Website or through links from the Website.  These other products may be offered by Third Parties and are not offered for sale by CMA or its Affiliates.  Although the products offered may contain trademarks owned by CMA or its Affiliates, they may not be products manufactured, endorsed, or sold by CMA or its Affiliates.  All terms of sale including, but not limited to, quality, pricing, returns, shipping policy, and warranty are governed by the terms and conditions as set forth by the Third Parties on their websites or communicated by other means.  You purchase products from these Third Parties at your own risk.  Neither CMA, its Affiliates, nor any of their respective trustees, directors, officers,  employees or agents are responsible for products purchased from Third Parties.  All of the provisions of these Terms and Conditions of Use apply to purchases by you of products offered by Third Parties including, without limitation, the provisions relating to release, waiver, indemnification, and limitation of liability.

Limitation of Liability; Disclaimers and Waivers.  Your use of this Website is at your own risk.  The Website and all the Content, materials, information, software, facilities, services, and other content on the Website are provided “AS IS” and without warranties of any kind, either express or implied.  Neither CMA, any Affiliates, nor any of their respective trustees, directors, employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.  In particular, license of use of photographs and other documents is on an “AS IS” basis and no warranties, including warranties of copyright, are provided by CMA.  Users should use the photographs and documents obtained from the Website at their own risk.  CMA assumes no liability for any copyright claims arising from the use of any photographs or documents obtained from CMA or the Website.

To the full extent permitted by applicable law, CMA, Affiliates and their respective trustees, directors, officers, employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, copyright, or any warranty that the Website will operate uninterrupted or error-free.  CMA does not warrant that the functions contained in this Website will be available, uninterrupted, or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components.  CMA does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership, or otherwise.  CMA makes no warranties that your use of the materials on the Website, information, software, facilities, forums, service, or Content will not infringe the rights of others and CMA assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service, or Content.

UNDER NO CIRCUMSTANCES WILL CMA, AFFILIATES, OR ANY OF THEIR RESPECTIVE PRINCIPALS, TRUSTEES, DIRECTORS, OFFICERS,  EMPLOYEES OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PHOTOGRAPH, DOCUMENT, PRODUCT, OR SERVICE THROUGH THE WEBSITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, EVEN IF CMA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy [1], your sole and exclusive remedy is to discontinue using the Website.

Investigations. CMA reserves the right to investigate suspected violations of these Terms and Conditions of Use including, without limitation, any violation arising from any submission, posting, or emails you make or send to the Website.  CMA may seek to gather information from the user who is suspected of violating these Terms and Conditions of Use, and from any other user.  CMA may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice.  If CMA believes, in its sole discretion, that a violation of these Terms and Conditions of Use has occurred, it may edit or modify any submission, posting, or email, or remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take any other corrective action it deems appropriate.  CMA will fully cooperate with any law enforcement authorities or court order requesting or directing CMA to disclose the identity of anyone.  By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless CMA, its trustees, directors, officers, employees and agents from any claims resulting from any action taken by CMA during, or as a result of, its investigations or from any actions taken as a consequence of investigations by either CMA or law enforcement authorities.

Modification; Waiver of Terms. The Website and the products, services, and programs described in the Website may be changed, eliminated, or updated without prior notice.  We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules, or guidelines at any time in our sole and absolute discretion.  Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision.  Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules, or guidelines are posted constitutes your agreement to abide by the revised terms.  Please review these Terms and Conditions of Use periodically and check the version date for changes.
 
No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy [1] shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy [1], and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of CMA.

CMA reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, content, product, or service with or without notice.  CMA shall not be liable to you or any Third Party should CMA exercise its right to modify or discontinue the Website or part of it.

Applicable Law. This Website is created and maintained in the State of Ohio, USA.  As such, the laws of the State of Ohio govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Ohio, acknowledge that venue is only proper in the courts in Cuyahoga County, Ohio, and waive any objection you may have in the future with respect to any of the foregoing.  Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises.  Any claim or action not filed within such time will be forever barred.
 
Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy [1], including, but not limited to, disclaimers and limitations of liability.  In the event any provision of these Terms and Conditions of Use or the Privacy Policy [1] is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy [1] in any other jurisdiction.

If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect.

Digital Millennium Copyright Act (DMCA). CMA is committed to complying with U.S. copyright and related laws and requires all users of the Website to so comply.  If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements.  CMA designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Jane Alexander, Cleveland Museum of Art, 11150 East Boulevard, Cleveland, Ohio 44106, 216-421-7350 or jalexander [at] clevelandart.org.

Entire Agreement. These Terms and Conditions of Use and the CMA Privacy Policy [1] constitute the entire agreement between us and you with respect to the Website.  No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement. 

Contacting Us. You may contact us at the following address: info [at] clevelandart.org 

 

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