The HMVC Gallery New York (HMVC for short) serves its publics through www.hmvcgallery.com (including websites accessed via mobile devices), application program interfaces (APIs) and platforms outside www.hmvcgallery.com where HMVC content is hosted in support of the HMVC’s mission to create representational experiences through art.
Users accessing these Websites, APIs, Affiliates or parties external to HMVC (collectively, “Third-Parties”), agree to be bound by the following Terms and Conditions of Use, which HMVC may change at any time, without notice, and in its sole discretion. Users are encouraged to visit this page 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. The HMVC Gallery New York 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 HMVC or Third Parties. 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.
1. Open Access Collection Application Programming Interface (API)
The HMVC Gallery New York API provides the public with Open Access to a portion of metadata and images in the HMVC ‘s collection. HMVC makes no representations or warranties that such metadata or images are in the public domain, and to certain other content that HMVC has created, compiled, and presented in which HMVC waives all copyright under CC0.
- Use of HMVC’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.
- HMVC’s Privacy Policy applies to HMVC’s API. HMVC will monitor, collect, and store IP addresses, usage information to monitor service load, and analyze and improve the API.
- HMVC does not provide technical support in connection with HMVC 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 HMVC may restrict access to or discontinue the API or any functionality associated with the API. HMVC 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 HMVC may add to, delete, or otherwise modify Content.
2. Copyright, Proprietary Rights and Other Restricted Content
Unless otherwise noted, users are not allowed to download or print any materials authored by HMVC from this Website. 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 HMVC. Permissions must be secured from the artist or the 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 HMVC will have no responsibility in connection with identifying or securing such necessary rights for any Content on the Website.
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. HMVC reserves the right, but not the obligation, to remove any content which HMVC, in its sole, exclusive, and absolute discretion, deems objectionable. HMVC 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 HMVC believes the details are not correct, current, or complete, HMVC 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. 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, HMVC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. HMVC 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 HMVC) or privately transmitted on or through this Website are the sole responsibility of the author/contributor, not HMVC, 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 HMVC, 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 HMVC or any of their licensors into another website or other service.
Rights to All Submissions.
All material you submit to www.hmvcgallery.com including, without limitation, public postings, chat rooms, forums, blogs, moderators, and other areas, and any material you submit via emails to HMVC whether through our submission form or hello@hmvcgallery.com or in any form to any representative of the Website, whether text or images, becomes the property of HMVC and may be reproduced, modified, and distributed in any medium to promote the Website and the art show without compensating you in any way. Further, you understand that by posting material on the Website, you are granting to HMVC, its partners, vendors, and programming and content distributors, and anyone else authorized by HMVC, and the Affiliates, licensees, successors, and assigns of same, a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, distribute, and/or publicly perform such materials posted on HMVC’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 HMVC, the right to identify you as the artist-author of any of your postings or submissions by name, email address, or screen name, as HMVC deems appropriate without any obligation by HMVC. 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 HMVC 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. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. HMVC has the right to reject any submissions and you acknowledge that HMVC may have similar materials. By using this Website, you waive all rights to any submission.
Release and Waiver; Indemnification.
You acknowledge that the HMVC 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 HMVC, 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 HMVC, 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 HMVC 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 HMVC, 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 HMVC, 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 artworks or photographs and other documents is on an “AS IS” basis and no warranties, including warranties of copyright, are provided by HMVC. If a users should use the artworks or photographs or documents obtained from the Website, they do this at their own risk. HMVC assumes no liability for any copyright claims arising from the use of any artworks or photographs or documents obtained from HMVC or the Website.
To the full extent permitted by applicable law, HMVC, 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. HMVC 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. HMVC 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. HMVC 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 HMVC 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 HMVC, 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 AN ARTWORK OR PHOTOGRAPH, 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 HMVC 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, your sole and exclusive remedy is to discontinue using the Website.
Investigations.
The HMVC Gallery New York 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. HMVC may seek to gather information from the user who is suspected of violating these Terms and Conditions of Use, and from any other user. HMVC 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 HMVC 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. HMVC will fully cooperate with any law enforcement authorities or court order requesting or directing HMVC to disclose the identity of anyone. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless HMVC, its trustees, directors, officers, employees and agents from any claims resulting from any action taken by HMVC during, or as a result of, its investigations or from any actions taken as a consequence of investigations by either HMVC 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 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 , and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of HMVC.
HMVC 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. HMVC shall not be liable to you or any Third Party should HMVC 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 New York, USA. As such, the laws of the State of New York 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 New York, acknowledge that venue is only proper in the courts in New York 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 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, 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 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 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).
HMVC 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.
Entire Agreement.
These Terms and Conditions of Use and the HMVC Privacy Policy 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.
