INTRODUCTION The Menil Foundation, Inc. (the “Foundation”) provides this web site (“Site”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. It supplements the outstanding art collections and educational programs we offer onsite at The Menil Collection, the Cy Twombly Gallery, the Dan Flavin Installation at Richmond Hall, and through other related facilities. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use set forth herein (the “Terms and Conditions of Use” or “Policies”). Access to and use of all text, artwork, photographs, files, and other Content (as defined below) published on the Site are subject to the following Policies.
ACCEPTANCE OF TERMS AND CONDITIONS By accessing the Site, you accept without limitation or qualification these Terms and Conditions of Use. The Foundation may revise these Terms and Conditions of Use at any time, and you agree to prospectively and unconditionally accept and abide by such revised Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, please exit the Site now and refrain from further use.
INTEGRITY The Foundation has created and compiled the Site with careful regard for accuracy and integrity of scholarship. We believe that the context in which we present material is important to understanding it, and we will periodically improve, modify, enhance, and expand the Site. Thus, while we recognize that the digital nature of the Site may allow you to use subsets of this material consistent with Policies herein, we urge you to consider the complete context for maximum appreciation and accuracy.
TRADEMARKS Any marks or logos displayed on menil.org, including The Menil Collection mark(s), are registered or unregistered common law trademarks. Third party marks and logos may also be displayed on the Site. However, nothing contained in the Site should be construed as granting, by implication or otherwise, any license or right to use any marks or logos displayed herein without the express written permission of the Foundation or any third party that may own such marks or logos. Any use of the marks or logos or any other materials, except as authorized in these Policies, is strictly prohibited. By accessing the Site, you acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the marks, logos, or other materials; nor should any aspect of the Site be construed to mean that the Foundation has authority to grant any right or license on behalf of any third party trademark owner. You further acknowledge that the Foundation does not endorse, or claim any affiliation or endorsement by, any third party with marks, logos, or other materials displayed on the Site.
COPYRIGHTS The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (each, a “Compilation”), are either proprietary to the Foundation or used in accordance with applicable law or third party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works, or otherwise use the Content or a Compilation without the prior, written permission of the Foundation, unless your use qualifies as (1) Fair Use or another statutory exemption, (2) a Special Permission for Educators, or (3) a Press Use, all of which are further described below.
COMMERCIAL USE RESTRICTED Unauthorized commercial publication or exploitation of Site Content is prohibited. Anyone wishing to use any of the Content or a Compilation for commercial use, publication, or any purpose other than Fair Use, as that term is defined by law, must request and obtain prior written permission from the Foundation. Permission for such use is granted on a case-by-case basis at the sole discretion of the Foundation. A usage fee may be assessed depending on the type and nature of the proposed use. Please contact the Rights and Reproduction department with inquiries at rights@menil.org.
FAIR USE AND OTHER EXEMPTIONS Except as provided herein, the Foundation does not object to your reproduction, distribution, display, transmission, performance, and use of the Content or Compilations if done in accordance with 17 U.S.C. §107 (“Fair Use”), 17 U.S.C. §110 (the Teach Act), or other applicable limitations and exemptions provided by the U.S. Copyright Act and related laws. Fair Use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Thus, unless otherwise noted, if you wish to download, print text and image files, or use other Content or Compilations from the Site for such uses, you may do so without the express and written permission of the Foundation, provided that you comply with Policies herein and any additional terms or restrictions that may be applicable to the individual file, image, or program. The reproduction and downloading of any Content that is licensed by VAGA, New York, is prohibited without written authorization from VAGA (e-mail info@vagarights.com). The reproduction and downloading of any Content that is licensed by Artists Rights Society (ARS) is prohibited without written authorization from ARS (e-mail info@arsny.com). Should you choose to display or reuse Site Content or Compilations, you agree to accurately and continuously cite the author and source of same consistent with recognized conventions for citation; at a minimum, the citation should include the URL menil.org, and may also include the URL for the specific web page. By downloading, printing, or otherwise using Site Content and Compilations, you further agree to limit your use of same to Fair Use, and will not violate the rights of the Foundation or of any other party. THE FOUNDATION PROVIDES NO INDEMNITY, WARRANTY, OR ASSURANCE OF ANY KIND THAT YOUR USE OF SITE CONTENT OR COMPILATIONS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT AFFILIATED WITH THE FOUNDATION. You agree to investigate and comply with the rights of third parties with Content displayed on the Site. Unless otherwise noted on the web page or herein, you do not need to obtain express written permission from the Foundation to use Site Content or Compilations in a manner that is consistent with the Fair Use exception or other legislative exemptions, provided that: (1) you do not make or allow others to make modifications to the integrity or attribution of the Content and Compilation; and (2) you mark all copies of the Content and Compilation with accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site at www.menil.org.
SPECIAL PERMISSION FOR EDUCATORS The Foundation recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers and other educators, in accordance with our own charitable and educational mission, we therefore consent to the following additional uses of our Site, subject specifically to the rights of third parties (which, again, are entirely the responsibility of the user to investigate and comply with), the Foundation consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organization; provided, however, said organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed (“Special Permission for Educators”). This provision does not apply to corporations who package, prepare, or sell educational materials for teachers and educators. Unless otherwise noted on the Web page or herein, if your use qualifies as a Special Permission for Educators, you do not need to obtain express permission from the Foundation provided that: (1) you do not make modifications or allow others to make modifications to the integrity or attribution of the Content and Compilation; and (2) you mark all copies of the Content and Compilation with accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site at www.menil.org.
PRESS USE The Foundation provides a dedicated page on the Site for members of the press. Except where noted otherwise, photographs, images, press releases and articles (the “Press Materials”) that appear on this page may be downloaded, reproduced and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to the Foundation and the Press Materials in newspapers, magazines, web publications, television or other media (“Press Use”). Use of the Press Materials for any other purpose requires the additional, prior written permission of the Foundation and may also require the additional, prior written permission of third party rights holders, which permission is the sole responsibility of the press user to obtain. Press Materials may not be downloaded, reproduced or published by commercial stock houses or archives under any circumstances. To the extent any Press Use includes subsets of information from the Press Materials, you agree that such use will not compromise their original context, accuracy and integrity. Photographs and other images must be reproduced in their entirety; you may not crop or otherwise alter them. All Press Uses must include the identifying information provided by the Foundation, including proprietary collection information, credit lines, copyright and trademark notices, if any, and a citation to the Site at www.menil.org.
REQUESTING PERMISSION If your proposed use of the Foundation’s marks, images, or other Site Content does not meet the conditions for Fair Use, another statutory exemption, Special Permission for Educators, or Press Use, you must request and obtain special express written permission from the Foundation in advance. Please be advised that the Foundation is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by the Foundation are used to further the Foundation’s educational programs and not-for-profit mission. The Foundation may license for commercial use its intellectual property assets including images of select artwork and other proprietary Content that may appear or be referenced on the Site. For more information or to request permission related to your product, service or promotion thereof, please see contact rights@menil.org.
EDITORIAL USE OF THE FOUNDATION’S IMAGES The Foundation maintains an extensive archive of architecture and art images related to its history and collection, some of which may appear or be referenced on the Site. Subject to the rights of third parties (which, again, are entirely the responsibility of the user to investigate and comply with), the Foundation makes these available to the public for personal, scholarly, educational and editorial use. For more information, please contact rights@menil.org.
USE OF THIRD PARTY IMAGES If you wish to reproduce or otherwise use copyrighted images or Content owned by third parties that appear on the Site, you should contact the third parties who are referenced as the rights holders. The Foundation assumes no responsibility for ascertaining the nature, extent, enforceability, or validity of third party rights for images and other Content displayed on the Site or for securing such rights on your behalf. Beyond the credit lines that may be listed on the Site, the Foundation does not provide addresses, phone numbers, or other contact information for third party rights holders.
RESERVATION OF RIGHTS All rights not expressly granted by the Foundation herein are specifically and completely reserved by and to the Foundation. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Content, Compilation, or property of any third party, or may be construed to mean that the Foundation has authority to grant any right or license on behalf of any third party.
LINKS TO OUR SITE The Foundation appreciates the interest of others in linking to our Site. If you arrive at our Site from a third party link, please note that a link to our Site does not imply a relationship with, or endorsement of, the third party site or its content, purpose, policies or business practices. If you are interested in providing a link from your site to our Site, you agree to the following additional Terms and Conditions of Use: (1) you will use the name “The Menil Collection” or the URL “www.menil.org” to identify the link; (2) you will not use The Menil Collection’s logos or marks without the express written permission of the Foundation (such use is reserved for entities who are professionally associated or affiliated with us); and (3) your link will send visitors directly to our home page located at www.menil.org. We do not permit deep linking to internal pages of our Site and unauthorized framing of pages of our Site is prohibited.
LINKS FROM OUR SITE In using the Site, you may find that the Foundation provides hyper-links to one or more third party web sites (the “Linked Site(s)”). The Foundation provides these links as a convenience for you and other users, but is not responsible for the content or links of the Linked Site(s). In most instances, such links represent cooperative projects or endeavors established with the Foundation’s business affiliates, allies, sponsors, licensees, artists, organizations and other persons who have a significant connection to our mission and programs. Although the Foundation expects Linked Site(s) to be reputable, relevant, and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from our Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices.
DIGITAL MILLENNIUM COPYRIGHT AGENT For purposes of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), the Foundation has designated an agent for notices of claimed infringement. If you have any objections consistent with the provisions of this law, please note the following contact: Vance Muse, Communications Department, Menil Foundation, Inc., Tel.: 713-525-9400, press@menil.org. The Foundation provides the above contact information for purposes of the DMCA only and reserves the right to respond only to communication that is relevant to this purpose.
SUBMISSIONS Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any data or other Content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by the Foundation or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, the Foundation is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products using such information.
WARRANTY AND INDEMNIFICATION By using the Site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions of Use, including as appropriate, the Fair Use exception, the Special Permission for Educators, and the Press Use noted herein. You agree to indemnify, defend, and hold the Foundation 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.
DISCLAIMER OF WARRANTIES THE MATERIALS PUBLISHED ON THE SITE ARE PROVIDED “AS IS“ AND 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, COPYRIGHT OWNERSHIP AND NON-INFRINGEMENT, OR ANY OTHER THIRD PARTY PROPRIETARY RIGHTS, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED. Your use of the Site, Content, and Compilation is at your own risk. The Foundation does not warrant that the Site will provide continuous, prompt, secure, or error-free service. The Foundation makes reasonable, ongoing efforts to revise and update the Site, but assumes no liability for any errors or omissions, including the inaccuracy of Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site. The Foundation assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect, your computer equipment or other property arising from your use of the Site, including but not limited to the reproduction of the Content or any Compilations.
DISCLAIMER The Foundation assumes no responsibility, and shall not be liable for any damage 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.
LIMITATION OF LIABILITY Neither the Foundation, nor its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the Site or any Content or Compilation.
SEVERANCE AND WAIVER You acknowledge and agree that in the event any provision of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and enforceability of the remaining Terms and Conditions or Use contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions of Use. The Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless agreed to in writing by the Foundation.
VENUE AND CHOICE OF LAW These Terms and Conditions of Use and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in any federal or state court of competent jurisdiction located in Harris County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
ENTIRE AGREEMENT These Terms and Conditions of Use, as revised from time to time by the Foundation at its sole discretion, is a complete statement of the agreement of the parties with respect to the subject hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject hereof.
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