Please note that the use of this website (www.rubinmuseum.org) constitutes an agreement to abide by the following terms and conditions. These Terms of Use, together with the Rubin Museum of Himalayan Art Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Rubin Museum of Himalayan Art website, located at https://www.rubinmuseum.org (together, the “Site”), “Rubin Museum of Himalayan Art” includes Rubin Museum of Himalayan Art and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.
By using or accessing the Site you agree to these Terms. The Rubin Museum of Himalayan Art reserves the right to update or modify these terms and conditions at any time without prior notice. Because the Rubin Museum of Himalayan Art provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and the Rubin Museum of Himalayan Art must be resolved in arbitration or small claims court.
1. Security
A. To use the Site, you must have not previously been suspended or removed from the Site; and use the Site in compliance with any and all applicable laws and regulations.
B. Until you are 18 years old, by using our online services, you certify that your parents or legal guardians have consented to your use and agree to these terms on your behalf. Parental discretion is advised and we recommend that you review these terms with your parents/guardian before using our website. We may require your parents or legal guardian to provide a written acknowledgment of these terms on your behalf before we provide you with part or all of our online services.
2. Prohibited Conduct
You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of the Rubin Museum of Himalayan Art or any third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without the Rubin Museum of Himalayan Art’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
3. Electronic Communications, Alerts, Notifications
As part of the Site, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site. You acknowledge and agree that you may receive communications from us electronically, such as via email or text message or through notices and messages on our Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third-party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.
4. Third-Party Content
The Site may contain links to third-party websites and services. The Rubin Museum of Himalayan Art provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that the Rubin Museum of Himalayan Art has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. The Rubin Museum of Himalayan Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.
5. Intellectual Property
A. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to the Rubin Museum of Himalayan Art through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to the Rubin Museum of Himalayan Art, except third-party trademarks or service marks, which are the property of their respective owners.
B. The text, images, and data on the Rubin Museum of Himalayan Art “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.
C. The Materials are made available for limited noncommercial, 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.rubinmuseum.org“
D. 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.
E. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited.
6. Indemnification
You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless the Rubin Museum of Himalayan Art from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Rubin Museum of Himalayan Art reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
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.
8. Termination
If you violate these Terms, your permission to use the Site will automatically terminate. In addition, the Museum, in its sole discretion, may suspend or terminate some or all of your access to the Site at any time, with or without notice to you.
9. Modification of the Terms
The Rubin Museum of Himalayan Art reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
10. Disclaimers of Warranties
The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Rubin Museum of Himalayan Art seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. The Rubin Museum of Himalayan Art specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. The Museum does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
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 as a result of your use of the Site or your downloading of any Materials from the Site.
11. Limitation of Liability
In no event will the Rubin Museum of Himalayan Art be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Rubin Museum of Himalayan Art has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
12. Governing Law
These Terms are governed by the laws of the United States and the State of New York, without regard to conflict of law principles. Subject to Section 13, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the Rubin Museum of Art agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York, for the purpose of litigating any such disputes.
13. Dispute Resolution by Binding Arbitration
In the interest of resolving disputes between you and the Rubin Museum of Himalayan Art in the most expedient and cost effective manner, you and the Museum agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
14. Modification of the Site
The Rubin Museum of Himalayan Art reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that the Rubin Museum of Himalayan Art will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
15. General
A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and the Rubin Museum of Himalayan Art regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
16. Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.