Terms of Use


Acceptance of Terms and Conditions

The Milwaukee Art Museum (“the Museum”) provides this website and the Museum Store online (together, the “Museum website”) in support of its mission to collect and preserve art, presenting it to the community as a vital source of inspiration and education. Use of the Museum website is subject to the following terms and conditions and applicable federal and state laws. By accessing the Museum website, you are agreeing to these terms and conditions. The Museum reserves the right to revise or amend these terms and conditions without notice at any time

Protection of Privacy

The Museum is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the Museum website is governed by the Museum’s Privacy Policy. Please note that the Museum website is not specifically dedicated to children, and the Museum does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the Museum website.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Museum website are registered and unregistered marks of the Museum, including but not limited to the Milwaukee Art Museum, MAM, and Milwaukee Art Museum Store (“MAM trademarks”). You may not use the MAM trademarks without the Museum’s prior, written permission.

The trademarks of third parties may also appear on the Museum website from time to time; you may not use these trademarks without prior, written permission from their respective owners. You acknowledge and agree that nothing on the Museum website, expressly or implicitly, by estoppel or otherwise, grants any right or license to use any of the Museum website, or may be construed to mean that the Museum has authority to grant any right or license on behalf of any third-party trademark owner.

All Content Is Protected by Copyright Laws

The Museum respects the intellectual property rights of artists and others. The Museum website and all images and text contained therein are protected by U.S. and international copyright laws, and are owned by the Museum or used by the Museum with permission from the owners. Copyright for some images are held by the artists and/or their estates. You agree not to download, copy, reproduce, publish or transmit, or otherwise use any portion of the Museum website (including any images or text contained therein), except for your own personal noncommercial use or “fair use,” as this term is defined by current copyright laws, without written permission from the Museum.

Fair Use Is Permitted

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, users who wish to download or print text, audio, video, image, and other files from the Museum’s website for such uses are welcome to do so without Museum’s express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL http://mam.org.

By downloading, printing, or otherwise using text, audio, video, image and other files from the Museum website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate the Museum’s or any other party’s proprietary rights.

Commercial Use Is Restricted

Unauthorized publication or exploitation of Museum files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law must request and receive prior permission. The Museum reviews all requests on a case-by-case basis and may require payment of a license fee depending upon the intended nature of such use.

For use of works in which copyright is held by the Artists Rights Society, Inc. (ARS): Reproduction, including downloading of ARS members’ works, is prohibited by copyright laws and international conventions without the express, written permission of the Artists Rights Society (ARS). 536 Broadway, 5th Floor at Spring Street, New York, NY 10012. Tel: 212-420-9160; fax: 212-420-9286.

For use of works in which copyright is held by the Visual Artists and Galleries Association, Inc. (VAGA): Reproduction of VAGA images, including downloading, is prohibited without written authorization from VAGA. 111 Broadway, Suite 1006, New York, NY 10006. Tel: 212-736-6666; fax: 212-736-6767; or info@vagarights.com.

Reservation of Rights

The Museum, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by the Museum relating to the subject matter herein.

Digital Millennium Copyright Agent

The Museum respects the intellectual property of others, and we ask users of the Museum website to do the same. The Museum may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Museum website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the Museum’s Copyright Agent:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Museum website;
  4. your address, telephone number, and email address;
  5. 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;
  6. 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.

The Museum’s agent for notice of claims of copyright infringement can be reached as follows:

Milwaukee Art Museum
Communications Department
700 N. Art Museum Drive, Milwaukee, WI 53202
414-224-3246

Warranty and Indemnification

By using the Museum website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold the Museum and its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages that may arise from or relate to your use of the Museum website.

Disclaimer of Warranties

The Museum provides the site on an “as is” basis. Your use of the site, content, and compilation is at your own risk. The Museum disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership, and/or noninfringement of copyrights or other third-party proprietary rights. The Museum does not warrant that the site will provide continuous, prompt, secure, or error-free service. The Museum 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 Museum 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 compilation.

Limitation of Liability

Neither the Museum 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) that may arise from or relate to your use of the site, content, and/or compilation.

Severance and Waiver

You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions 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. The Museum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by the Museum.

Venue and Choice of Law

These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Wisconsin, 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 located in Milwaukee County and the State of Wisconsin, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire Agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Last update: August 6, 2013