Terms of Use

The Studio Museum in Harlem (“Studio Museum,” “we,” “us,” or “our”) requires that you adhere to these Terms of Use (“Terms”) when visiting our website at www.studiomuseum.org and our microsites that are linked to our website (collectively, the “Site”).

©2022 The Studio Museum in Harlem. All content including images, text documents, audio, video, and interactive media published on the Site is for noncommercial, educational, journalistic and/or personal use only. Any commercial use or republication is strictly prohibited as described in these Terms. Copying, redistribution, or exploitation for personal or corporate gain is not permitted.

For information on the use of reproductions for publishing and/or commercial use, please submit a request using our image requests instructions.

Our Online Resources are not intended to be used by children or minors under 13 years of age without the permission of a parent or guardian. If you believe that a child under the age of 13 has submitted personal information on or through our Online Resources without the consent and supervision of a parent or guardian, please contact us [email protected]. We may refuse to process, or continue to process, the child’s personal information until we receive this evidence of consent or authorization.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To impersonate or attempt to impersonate the Studio Museum, one of our employees or Trustees, another user, or any other person or entity (including, without limitation, by using an email address associated with any of the foregoing).
• To transmit any sexually explicit material.
• To engage in any other conduct that may harm, defame, or expose to liability the Studio Museum, any of our employees or Trustees, any other user of the Site, or any other person or entity.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: [email protected]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Studio Museum. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

If you believe your copyrights have been infringed by the Studio Museum or by a user of the Site, submit a notice to [email protected]. We will respond to notices of alleged copyright infringement that comply with applicable law.

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download, print or otherwise use text, audio, video, image and other files from the Site for such uses are welcome to do so without express permission. By doing so, you are agreeing to limit your use to fair use and to not infringe on the intellectual property rights of the Studio Museum or any other person. In accordance with scholarly practice, if you use materials (whether copyrighted or not) in publications, etc., you should cite the author/ artist as well as the source; the citation should include the URL of the page from which the material was retrieved.

Unauthorized downloading, publication, exploitation, or other use of text, audio, video, image and other files from the Site for commercial purposes or any other purpose that does not constitute fair use is specifically prohibited. You must receive prior written permission before you download, publish, exploit, or otherwise use any text, audio, video, image or other file from the Site for commercial use or any purpose other than fair use. You may submit a request for such permission to The Museum at RIGHTS & REPRODUCTIONS. 

Journalists seeking images for media coverage of the Studio Museum’s exhibitions, installations, or events should visit our the Press section of the Site.

These Terms, as updated, amended, or replaced from time to time, are governed and and should be construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms must be brought in any federal or state court located in New York County and the State of New York. By using the Site, you waive any objection you may have to personal jurisdiction in these courts.

NEITHER THE STUDIO MUSEUM IN HARLEM, 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, CONTENT, AND/OR COMPILATION.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient protection to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE STUDIO MUSEUM NOR ANY PERSON ASSOCIATED WITH THE STUDIO MUSEUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE THE STUDIO MUSEUM NOR ANYONE ASSOCIATED WITH THE STUDIO MUSEUM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE STUDIO MUSEUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless the Studio Museum, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.