Terms of Use

Philadelphia Contemporary (“Institution”) provides at www.philadelphiacontemporary.org insights in current practices of contemporary art and performance. By accessing the websites, users agree to the following Terms of Use, which the Institution may revise at any time. Users are encouraged to visit the Terms of Use frequently to review current terms and conditions. Philadelphia Contemporary is committed to protect the privacy of its website visitors in accordance with applicable laws and regulations. Private information gathered in connection with your use of the website is regulated by our Privacy Policy.

Copyright and Proprietary Rights
The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained on this website are proprietary to the Institution or its licensors. Philadelphia Contemporary retains all rights, including copyright, in these materials. Copyright and other proprietary rights may be held by individuals or entities other than the Institution.

You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of or other content without the prior written permission of the Philadelphia Contemporary except for limited personal, non-commercial use, and the purposes described in the authorized Uses and Press Use sections below.

Trademarks
Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on this websites, including Philadelphia Contemporary’s logo design and marks of third parties, are registered and/or unregistered marks of the Institution or other third parties. Nothing contained in the web site should be construed as granting, expressly or implicitly, by estoppel or otherwise any rights to use the Trademarks. Any license or right to use Trademarks displayed on this website can only be expressed by written permission of the owner of the Trademark. Any unauthorized use of the Trademarks or any other materials is prohibited.

Copyright and authorized Uses
The images, texts, files, audio and video clips, illustrations, designs and documentation (collectively, the “Content”), which appear on this web site are proprietary to Philadelphia Contemporary or used in accordance with applicable law or third-party consents. You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content without the prior written permission of Philadelphia Contemporary except for limited non-commercial, educational, and personal use only described hereafter.

Images of Artwork in the Public Domain
Images of artworks, that are in the public domain and which are identified as such on the web site, may be downloaded for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Authorized non-commercial uses for such images also include scholarly publications in any media. Users must, however, cite the author and source of such images, and the citations should include the URL “www.philadelphiacontemporary.org“.

All rights not expressly granted herein by Philadelphia Contemporary are specifically and completely reserved. The institution does not warrant that use of the Content displayed on the web site will not infringe the rights of third parties not owned by or affiliated with the institution. Some works may be under copyright by the artist or the artist’s heirs holding rights to these works.  These works may not be used, copied or downloaded in any form without prior permission from the holder of the underlying copyright.

Press Use
Philadelphia Contemporary may provide a dedicated page on its web site for members of the press. Press and media representatives may contact Philadelphia Contemporary at info [at] philadelphiacontemporary.org to inquire about access or to ask questions in general. Photographs, images, press releases, and articles (collectively, the “Press Materials”) that appear on this page may be downloaded, reproduced, and published (exceptions noted otherwise) by members of the press and media for the sole purpose of creating or supporting timely stories related to Philadelphia Contemporary’s exhibitions, programs, and events. Use of the Press Materials for any other purpose requires the additional, prior written permission of Philadelphia Contemporary and may also require the additional, prior permission of third-party rights holders. To the extent you choose to use subsets of information from the Press Materials, you agree that your 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.

Citations and Crediting
The above permitted uses are subject to the following terms:

– You must cite the author and source of the Content as you would material from any printed work.

– You must cite the applicable web site URL as the source of the Content, but not in any way that implies endorsement of you or your use of the Content.

– You must include any copyright, trademark, and other proprietary notices, including, without limitation, artwork attribution information, captions and credit lines (e.g., artist’s name, title and date of the artwork, medium, owner of the work and the name of the image photographer), which are placed in or near, or otherwise identified.

– You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.

User Responsibility and Privacy
From time to time Philadelphia Contemporary may invite people to share content either on its web site or its social media pages. Please know that content shared will be reviewed by institution staff and may be reproduced by the Institution in all media.  Philadelphia Contemporary reserves the right, in its own discretion, to refuse to post shared or submitted content.  All content shared and participation on the Institution’s web site or social media pages will be subject to the Philadelphia Contemporary Community Guidelines.

Philadelphia Contemporary is committed to protecting the privacy of its web site visitors in accordance with applicable laws and regulations. All information gathered from users in connection with use of the web sites is governed by our Privacy Policy. Please note that the website is not specifically dedicated to children and does not actively solicit information from children. Children under the age of thirteen are required to obtain permission from an adult before submitting personally identifiable information or other content to Philadelphia Contemporary’s web site.

SUBMISSIONS 
Philadelphia Contemporary also welcomes your feedback and comments. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Philadelphia Contemporary to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

Links to and from Third Party Sites
Philadelphia Contemporary does not review all of the sites linked to or from the web site and is not responsible for the content or privacy policies of any off-site pages or other linked sites. These links are provided as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. Philadelphia Contemporary also provides links to third parties as a convenience for its visitors, but is not responsible for the content of, or links to and from, the linked sites. Philadelphia Contemporary encourages you to read the terms and conditions as well as private policies of the respective sites.

Disclaimer of Warranties
By using this web site in any manner, you represent and warrant that your use will be consistent with these Terms of Use. You agree to indemnify, defend, and hold harmless Philadelphia Contemporary from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your Content or your use of the web site.

Without limiting the foregoing, the Content on the web site is provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS.

Philadelphia Contemporary may update, change, or delete content at any time. The Institution makes reasonable, ongoing efforts to revise and update the web site, but does not warrant that the web site will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the web site. Philadelphia Contemporary assumes no responsibility, and shall not be liable for any damage to your computer equipment, data, or other property arising from your use of the site, whether due to a computer virus or otherwise.

Limitation of Liability
NEITHER PHILADELPHIA CONTEMPORARY, ITS AFFILIATES, TRUSTEES, DIRECTOR, 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  PHILADELPHIA CONTEMPORARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO — USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Entire Agreement; Severance; Waiver
These Terms of Use incorporate by reference any notices on the web site and, together with the Privacy Policy, Community Guidelines and any end-user license agreements, constitute the entire agreement regarding user access to and use of the web site. If any provision of the Terms of Use, Community Guidelines or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. Philadelphia Contemporary’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.

Applicable Law and Jurisdiction
These Terms of Use and any amendments thereto shall be governed and construed in accordance with the laws of the State of Pennsylvania, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this agreement shall be brought in any Federal or State court located in Philadelphia County and the State of Pennsylvania, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

INFRINGEMENT NOTICES
Philadelphia Contemporary respects the intellectual property of others, and we ask users of the Institution’s web site or social media pages (collectively the “Site”) to do the same. We may, in appropriate circumstances and at our discretion, take reasonable steps to disable and/or terminate access to the Site of Users who may be repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Philadelphia Contemporary’s Copyright Agent:

– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

– a description of the copyrighted work that you claim has been infringed;

– a description of where the material that you claim is infringing is located on the Philadelphia Contemporary Site;

– your address, telephone number, and email address;

– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Philadelphia Contemporary’s agent for notice of claims of copyright infringement can be reached as follows:

By mail: 1112 N. Bodine St., Philadelphia, PA 19123
DMCA Agent
By email: info [at] philadelphiacontemporary.org
By telephone: 1 (203) 482-4706

ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Philadelphia Contemporary has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Philadelphia Contemporary is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Philadelphia Contemporary shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.

NATURE OF RELATIONSHIP/SEVERABILITY
No joint venture, partnership, employment, or agency relationship exists between you and Philadelphia Contemporary as a result of this Terms of Use or your use of the Site. If a court or tribunal of competent jurisdiction holds any provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Terms of Use shall continue in full force and effect.