MUUS Collection & MUUSEUM – Terms & Conditions 

Welcome to the MUUS Collection website. By browsing this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the MUUS Collection’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, then use of the website cannot be granted. Please contact MUUS Collection if access is still required.

The term “MUUS Collection” or “us” or “we” refers to the owners of this website, Photography Collections Corp, d.b.a. MUUS Collection, whose registered office is: MUUS Collection, P.O. Box 400, Tenafly, NJ 07670, United States of America. “You” refers to the user of the website. “Images” refers to the photographic reproductions in the MUUS Collection. 

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

INTELLECTUAL PROPERTY

All elements of this site including text, photographs, graphics, illustrations, audio, multi-media, graphics and the selection and arrangement of those elements and the general design (“Media”) are owned by MUUS Collection and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. Any reproduction of the Media requires written permission by MUUS Collection and/or a licence agreement. Please contact MUUS Collection for enquiries on copyright and permitted usage of the Media.

DISCLAIMER

MUUS Collection is an archive of historical photographs with captions written at the time when each photograph was taken. These original captions have been preserved for their historical accuracy, but some language used may be considered outdated or inaccurate at the current time. While reasonable efforts to correctly categorize, keyword, caption, and title the Images are ongoing, MUUS Collection does not warrant the accuracy of such information, or of any metadata provided with the Images.

Unless specified by MUUS Collection, there are no model releases or other releases for any of the Images. Any permitted or licensed usage by MUUS Collection requires the user to clear all necessary permissions from third parties, including personality, property, artistic, etc. rights. The user shall indemnify and hold MUUS Collection harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which either no release was furnished by MUUS Collection in writing or the use of any Image exceeds the permitted scope provided by MUUS Collection.

PERMITTED USE OF SITE AND CONTENT

You are specifically prohibited from the following:

• Removing, altering or changing any copyright information or other notices or metadata associated with the Media;
• Downloading, copying, or re-transmitting any or all of the Site or the Media without, or in violation of, a written license with MUUS Collection; 
• Using any data mining, robots or similar data gathering or extraction technology or algorithms to crawl, scrape or monitor the Site or seek information on Site visitors or MUUS Collection’s users; 
• Manipulating or otherwise displaying the Site or the Media by using framing or similar navigational technology;
• Circumventing any Site restrictions or measures to limit access to the Site;
• Registering or attempting to register for any products or services offered by MUUS Collection if you are not authorized by the party to do so;
• Disclosing, selling or trading any password to restricted areas of the Site or allowing any third party to have access to your password;
• Interfering in any manner, whether technological or otherwise with the function of the Site or/and services offered by MUUS Collection;
• Exploiting or commercializing the Site or the Media without the specific written authorization of MUUS Collection; 
• Conducting, facilitating, authorizing or permitting any text or data mining or web scraping in relation to this website or any services provided via, or in relation to, this website. This includes using (or permitting, authorizing or attempting the use of):

(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.

(b) Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

(c) Machine Learning, Artificial Intelligence (“AI”), or Biometric Technology Use (including any caption information, keywords, or other metadata associated with Images) for any machine learning and/or artificial intelligence purposes, or any technologies designed or intended for the identification of natural persons.

or

• Using the Site and its Media other than for the intended purpose.

PASSWORD PROTECTION AND SECURITY

Once a user account is verified by MUUS Collection and access to the archive is granted, you will be responsible for tracking all activity for each relevant user account. You agree to maintain the security of all passwords and usernames and notify the MUUS Collection immediately of any unauthorized use or other breach of security. The user shall accept all responsibility for activity that occurs under each relevant user account.

INDEMNITY

You agree to defend, indemnify and hold harmless MUUS Collection, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any user information that you post, store or otherwise transmit on or through the website, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the MUUS Collection content, or your violation of any rights of another.

GENERAL DISCLAIMERS

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND MUUS COLLECTION EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. MUUS COLLECTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MUUS COLLECTION, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CONTENT. MUUS COLLECTION MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

MISCELLANEOUS

No Assignment. Any agreement, licence or permission is personal to you and is not assignable by you without MUUS Collection’s prior written consent. MUUS Collection may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms. 

Confidentiality. You acknowledge that certain information, including but not limited to licence information and fees are specifically granted to you will not be disclosed to any other parties without prior written consent.

Termination. Notwithstanding any of these terms and conditions, MUUS Collection reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Jurisdiction and Attorney’s Fees. This Agreement will be governed in all respects by the laws of New York without reference to its laws relating to conflicts of law. You agree that the applicable state or federal courts located in New York County, New York are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. If MUUS Collection is obligated to go to court to enforce any of its rights, you agree to reimburse us for the legal fees and disbursements if the MUUS Collection is the prevailing party.

Enforceability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

Entire Agreement. This Agreement is intended for users of the MUUS Collection’s website. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorized representative of both parties or issued electronically by the MUUS Collection and accepted in writing by you or your authorized representative. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by you, the terms of this Agreement shall govern.