Terms of Use

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The Frick Collection Web Site Terms of Use

This Web Site, located at the frick.org domain name (the “Web site”) is published and maintained by The Frick Collection (“The Frick Collection,” which includes the Frick Art Reference Library), with offices located at 1 East 70th Street, New York, NY 10021-4907.

By visiting this Web site, and/or using the services offered on or through this Web site (the “Services”), you agree to the terms of this Terms of Use as they may be amended from time to time.  As we update and expand our services, this Terms of Use may change, so check back to this page from time to time. 

Conditions of Use

YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE OR ANY SERVICES.  Your continued use of the Web site or Services indicates your continued acceptance of these terms and conditions.  If you do not agree to the terms and conditions set forth herein, please do not go any further into the Web site or use the Services. 

Use and release of information gathered from the Web site and/or Services is governed by The Frick Collection Web Site Privacy Policy (“Privacy Policy”), which is incorporated herein by reference.

License to Use Web Site and Contents

Subject to the terms and conditions set forth in this Terms of Use, The Frick Collection grants you a non-exclusive, non-transferable, limited, revocable right to access, use and display the Web site, and the content and materials thereon, provided that you comply fully with the terms and conditions of this Terms of Use. The Web site and the Services, including any content and materials thereon, are only for your personal, educational, non-commercial use. 

Ownership; Restrictions

All material on the Web site or offered through the Services, including without limitation images, text, software, marks, logos, audio and video, and the look and feel and selection and arrangement thereof (collectively the “Content”) is owned and controlled by The Frick Collection, its business partners, affiliates and/or licensors.  The Web site and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.  You agree to abide by all restrictions displayed on the Web site or in conjunction with a particular Service.

You may not download, display, reproduce, modify, perform, transfer, create derivative works from, transmit, sell, distribute, or in any way exploit the Web site or Services or any portion thereof or Content for any commercial use, without the express written permission of The Frick Collection.  You may view material from the Web site for your personal, educational, non-commercial use only.  You may obtain more information about rights and reproduction related to images of works in The Frick Collection by contacting sales@frick.org.  You may obtain more information about reproducing archival material in The Frick Collection by contacting archives@frick.org.  You may obtain more information about photocopies of items in The Frick Collection by viewing our Reprographics policy.  You may obtain more information on the copyrights, trademarks, and service marks of The Frick Collection and its affiliates by viewing our copyright and trademark notices

Unauthorized Use

You may not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web site or the Services, including without limitation any information residing on any server or database connected to the Web site or the Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web site or the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web site or the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iv) use the Web site or the Services in violation of any applicable law.  You further agree that you may not attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web site or the Services, or any Content thereof, or make unauthorized use thereof.

The Frick Collection may, from time to time, make messaging service, chat service, bulletin board, other forums and the like available on the Web site.  In addition to any other rules or regulations that we may post in connection with a messaging service, chat service, bulletin board or other forum on the Web site or offered through a Service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web site or any Service, any materials which (i) restrict or inhibit any other user from using and enjoying the Web site or Services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact.  You alone are responsible for the content and consequences of any of your activities.  You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Web site or The Frick Collection.  The Frick Collection reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Web site or through the Services by users, and The Frick Collection is not responsible for any such materials posted by users.  However, The Frick Collection reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in The Frick Collection’s sole discretion are objectionable or in violation of this Terms of Use, The Frick Collection’s policies or applicable law.

You agree that if you include a link from any other Web site to this Web site, such link shall open in a new browser window.  You agree not to link from any other Web site to this Web site in any manner such that this Web site, or any page thereof, is “framed,” surrounded or obfuscated by any other content, materials or branding.  The Frick Collection reserves the right to revoke your right to link to this Web site from your Web site at any time upon notice to you.

Links to Other Web Sites

The Web site contains links and pointers to other Internet sites, resources, and sponsors of the Web site.  Links from the Web site to other Web sites maintained by third parties does not constitute an endorsement by The Frick Collection of such third party resources or their contents.  Links also do not imply that The Frick Collection sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, trade name or logo of The Frick Collection. 

Third Party Services

You may order services or merchandise from The Frick Collection through other persons or companies not affiliated with The Frick Collection (“Sellers”).  All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc., are solely between you and the Seller.  You will not consider The Frick Collection, nor will The Frick Collection be deemed, a party to such transactions, whether or not The Frick Collection may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. 

Indemnification

You agree to indemnify, defend and hold The Frick Collection, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Web site or Services, or any breach by you of the Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs.  You shall cooperate as fully as reasonably required in the defense of any claim.  The Frick Collection reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Frick Collection.

Disclaimer of Warranties and Damages; Limitation of Liability

THE FRICK COLLECTION WEB SITE AND SERVICES (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE AND SERVICES) ARE PROVIDED “AS IS,” “AS AVAILABLE.”  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FRICK COLLECTION MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEB SITE OR SERVICES OR THE CONTENT; OR THAT THE WEB SITE OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FRICK COLLECTION AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO THE FRICK COLLECTION’S NEGLIGENCE. 

UNDER NO CIRCUMSTANCES SHALL THE FRICK COLLECTION OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEB SITE OR SERVICES, EVEN IF THE FRICK COLLECTION OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE FRICK COLLECTION OR ITS SUBSIDIARIES’ OR AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN EXCHANGE FOR THE SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM.

Changes to Terms of Use

The Frick Collection reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time.  Changes in this Terms of Use will be effective when posted.  Your continued use of the Web site and/or Services after any changes to this Terms of Use are posted will be considered acceptance of those changes.

Termination

The Frick Collection may terminate, change, suspend or discontinue any aspect of the Web site or Services at any time.  The Frick Collection may restrict, suspend or terminate your access to the Web site and/or the Services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. 

General Provisions

THIS TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.  SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS TERMS OF USE SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK.

The Frick Collection controls and operates this Web site from our offices in the United States of America.  The Frick Collection does not represent that materials on the Web site or the Services are appropriate or available for use in other locations.  Persons who choose to access the Web site or use the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Terms of Use constitutes the entire agreement between The Frick Collection and you with respect to your use of the Web site and Services.  Any cause of action you may have with respect to your use of the Web site must be commenced within one (1) year after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of this Terms of Use shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  You agree to accept notices electronically.

Effective Date: September 26, 2005