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Access to and use of The Whitney Museum of American Art’s image and text files and data on this website are subject to the following terms and conditions:
1. The text, images, video clips and data on the Whitney Museum of American Art (the “Museum”) website (the “Site”) are protected by copyright and may be covered by other restrictions as well. The Museum retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
2. The Museum expressly prohibits the copying of any protected materials on this Site, except for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL “www.whitney.org.”
The Museum does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited.
3. Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on this Site, including WHITNEY MUSEUM OF AMERICAN ART and WHITNEY BIENNIAL, are registered and/or unregistered marks of Museum. The Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of the Museum or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
4. Without limiting the foregoing, all Materials on the Site are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site or your downloading of any Materials from the Site.
5. By downloading, printing, or otherwise using Materials from the Site, users agree and warrant that they will limit their use of such files to fair use and will comply with all other terms and conditions of this license, and will not violate the rights of the Museum or any other person or entity. The Museum does not warrant that use of the text, images, and content displayed on the website will not infringe the rights of third parties not owned by or affiliated with the Museum. You agree to indemnify, defend, and hold the Museum, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Site.
6. The Museum has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or other sites linked to the Site. Your linking to any off-site pages or other sites is at your own risk.
7. The Museum may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions.
For additional information about Whitney image policies, please see the Rights and Reproductions page.