Terms and Conditions / Terms of Use
The institution provides fromthemet.com and its subdomains (including websites accessed through mobile devices as well as downloadable mobile applications) and application program interfaces (“APIs”) (collectively, the “Websites”) in support of its charitable mission to collect, preserve, study, exhibit, and encourage appreciation for and advance knowledge of works of art. By accessing the Websites, you agree to be bound by the following terms and conditions, which may be revised at any time. You are encouraged to visit this page from time to time to review current terms and conditions.
Copyright and Proprietary Rights
The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the “Materials”) are proprietary to the institution or its licensors unless identified by an Open Access (OA) icon. Materials identified as OA are either those that the institution believes to be in the public domain, or those to which the institution waives any copyright it might have. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the institution.
Trademarks
Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites are registered and/or unregistered marks of the institution. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the institution or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
Authorized Uses
Materials for authorized use fall into two categories: a) materials identified by an OA icon, or b) materials the institution believes to be under copyright or other restrictions.
a) Materials Identified as Open Access. By waiving any rights to Materials identified as Open Access, the institution makes those Materials available for any purpose, including commercial and noncommercial use, free of charge and without requiring permission. Open Access works are made available under a Creative Commons Zero (CC0) license.
b) Materials Believed to be Under Copyright or Other Restrictions. These Materials are available for limited noncommercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. You may download these files for your own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. You must cite the author and source of the Materials, and the citations should include the URL “fromthemet.com,” but not in any way that implies endorsement of you or your use of the Materials. By downloading, printing, or otherwise using Materials, you agree that you will limit your use of such files to non-commercial, educational, personal or for fair use, and will not violate the institution’s or any other party’s proprietary rights. You may not remove any copyright, trademark, or other proprietary notices. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes is expressly prohibited.
All rights not expressly granted herein are specifically and completely reserved, unless the Material is identified by an Open Access icon.
The institution does not warrant that use of any Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with it. In many instances the caption may offer more information about the rights status.
User Responsibility
From time to time the institution may invite users to share content. Please know that shared content may be reviewed by staff and may be reproduced in all media.
Security. By creating accounts and passwords on the Websites, you agree to maintain the confidentiality of your login credentials. You agree to use the Websites for lawful purposes only.
User-Generated Content. By posting content, you agree to comply with all requirements and procedures for posting, and to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights. The institution does not endorse any opinions posted by users or third parties. It requires users to obtain all necessary permissions before posting or distributing any content.
It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material. The institution shall have the right, but not the obligation, to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers may be terminated.
Purchasing on the Websites
The institution has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction. A user must be 18 or older to make a purchase.
Product Representation
Every attempt is made to provide accurate information about products. The institution does not warrant that any information is correct, complete, current, or without errors, which are subject to correction.
The institution makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user’s particular monitor.
API
The provided API grants access to images in the collection believed to be in the public domain, or to which copyright is waived, designated with an Open Access icon under a CC0 license.
- Use of the API is subject to these Terms and Conditions.
- The Privacy Policy applies to the API. IP addresses and usage information may be monitored.
- No technical support is provided, and availability or accuracy is not guaranteed.
- Access to the API may be restricted or discontinued at any time. Usage limits may apply.
- Users are encouraged to refresh API data regularly for the most updated content.
Privacy
The institution is committed to protecting the privacy of visitors in accordance with applicable laws. All information gathered is governed by the Privacy Policy. Please note that the Websites are not specifically dedicated to children.
Links to Third-Party Sites
The institution has not reviewed all linked sites and is not responsible for their content or privacy policies. Links are provided as a convenience, and linking is at your own risk. A link does not imply endorsement.
Integrated Third-Party Tools
The institution offers integrated tools and social sharing features. By accessing them, you agree to be bound by the third party’s terms of service.
Disclaimer of Warranties
Without limiting the foregoing, all Materials on the Websites are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND. The institution may update, change, or delete content at any time. It makes reasonable efforts to revise and update the Websites, but does not warrant continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, or for any damages that may occur from use of the Websites or downloading of any Materials.
Limitation of Liability
NEITHER THE INSTITUTION, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
Digital Millennium Copyright Act (DMCA)
The institution is committed to complying with U.S. copyright and related laws and requires all users to comply. Users are prohibited from posting any material that infringes on any copyright, trademark, or other proprietary right. The institution reserves the right to terminate access for repeat infringers.
Indemnity
You agree to indemnify, defend, and hold the institution and its affiliates harmless from all claims arising from or relating to your use of the Websites or any of its Materials.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any claim arising out of these Terms or your use of the Websites shall be resolved exclusively in the state or federal courts located in the State and County of New York.
Severability
If any provision is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.
Entire Agreement
These Terms and Conditions, including incorporated policies, constitute the entire agreement between you and the institution regarding the use of the Websites.
Headings
Headings are included for convenience only and will not limit or otherwise affect these Terms.
No Waiver
No waiver of any term shall be deemed a continuing waiver, and failure to assert any right shall not constitute a waiver.