Terms of Use
The Museum of Contemporary Art, Los Angeles (“MOCA”) provides this website (moca.org), our online store (store.moca.org), and our social media properties, including all data, information and compilations on any of the foregoing (collectively referred to as the “MOCA website”) in support of its charitable and educational misson to further the understanding and appreciation of art by the public. By accessing the MOCA website or engaging in any transaction on the MOCA website, you agree to be bound by the terms and conditions of these Terms of Use (“this Agreement”) without limitation or qualification. If you do not wish to be bound by this Agreement, do not access the MOCA website and do not submit any information to the MOCA website.
Trademarks
The names, titles, trademarks, service marks, and logos that appear on the MOCA website are registered and unregistered marks of MOCA, including but not limited to The Museum of Contemporary Art, Los Angeles, MOCA, and the MOCA Store (“MOCA Trademarks”). You may not use the MOCA Trademarks without MOCA’s prior, written permission.
The trademarks of third parties may also appear on the MOCA website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the MOCA website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the MOCA Trademarks or may be construed to mean that MOCA has authority to grant any right or license on behalf of any third party trademark owner.
All Content Is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the MOCA website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. MOCA retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, MOCA. MOCA expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
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 MOCA’s website for such fair uses are welcome to do so without any additional permission from MOCA. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “moca.org.” By downloading, printing, or otherwise using text, audio, video, image and other files from the MOCA 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 MOCA’s or any other party’s proprietary rights.
Commercial Use
Commercial use of any content obtained from the MOCA website is prohibited. Unauthorized downloading, publication or exploitation of text, audio, video, image and other files from the MOCA website for commercial purposes 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 written permission. All requests to reproduce works of art from MOCA’s collection should be addressed directly to MOCA.
Reservation of Rights
All rights not expressly granted by MOCA herein are specifically and completely reserved. Nothing on the MOCA website or in this Agreement grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that MOCA has authority to grant any right or license on behalf of any third party.
Unrestricted Forums
MOCA at times may provide unrestricted forums on the MOCA website for the exchange of ideas and information by participants. MOCA does not monitor, edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the MOCA website that you do not own, MOCA requires you to obtain any necessary permissions from the third-party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the MOCA website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
Submissions, and user-generated content
Any submissions, or user-generated content you post, transmit, or distribute to forums on the MOCA website, or MOCA’s social media properties, by electronic mail or otherwise, including any data or other content, questions, posts, comments, suggestions, or the like, is and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by MOCA or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, the Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the MOCA website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of the right of privacy or publicity, or otherwise violate law. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply will not cause injury to any person or entity; and that you will indemnify MOCA for all claims resulting from content you supply. The Museum takes no responsibility and assumes no liability for any content posted by you or any third party .MOCA reserves the right (but not the obligation) to edit or remove such content, but does not regularly monitor, edit, or control the posted content.
Digital Millennium Copyright Agent
MOCA respects the intellectual property of others, and asks users of the MOCA website to do the same. MOCA may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the MOCA 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 MOCA’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 MOCA website including the URL to the page where the work is posted
- 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
The Museum’s agent for notice of claims of copyright infringement can be reached as follows:
By mail:
The Museum of Contemporary Art, Los Angeles
250 S Grand
Los Angeles, CA, 90012
By email:
rightsandimages@moca.org
By telephone:
(213) 621-1769
Warranty and Indemnification
By using the MOCA website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold harmless MOCA, its affiliates, trustees, directors, officers, employees, and agents from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the MOCA website.
Disclaimer of Warranties
MOCA PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. MOCA 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 NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. MOCA DOES NOT WARRANT THAT THE MOCA WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MOCA MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE MOCA WEBSITE, 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. MOCA 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 MOCA WEBSITE.
Limitation of Liability
MOCA, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL HAVE NO 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 MOCA WEBSITE.
Severance and Waiver
You acknowledge and agree that in the event any provision of this Agreement 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 to as near approximate the intent of the parties as reflected in the provision, and if not reformable, shall be severed and deleted from this Agreement. MOCA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless agreed to in writing by MOCA.
Venue and Choice of Law
This Agreement and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of California, 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 a Federal or State court located in Los Angeles County, California, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Entire Agreement
This Agreement is 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.
Third Parties
Please be aware that our site may contain links to other sites hosted by third parties. Different rules may apply to third-party websites’ collection, use, or disclosure of your personal information. We encourage you to review other websites’ policies before revealing any personally identifiable or sensitive information. MOCA does not control, and is thus not responsible for, the content or privacy practices and policies of such other sites and under no circumstances shall we have any liability whatsoever for the activities conducted by or at any website accessed from or through the MOCA website.
Protection of Privacy
MOCA 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 MOCA website is governed by this Agreement. Please note that the MOCA website is not specifically dedicated to children and MOCA does not actively solicit information from children. Children under the age of 16 are required to obtain permission from an adult before submitting information to the MOCA website.
Data Protection Officer
Send your questions, comments, or concerns about our privacy policy or any other aspect of our website to our data protection officer at digital@moca.org.