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Terms and Conditions of Use

Poster House
Last Updated: March 3, 2021

Acceptance of Terms

Poster House, the first museum in the United States dedicated to presenting the impact, culture and design of posters, welcomes you our website, www.posterhouse.org, (the “Website”).  The Website supports the mission of Poster House to explore the poster as a visual communication tool and the impact  of this art form on society and culture, and how it has changed over time. By using the Website you are agreeing to be bound by the following terms and conditions of use including our Privacy Policy (collectively “Terms of Use”), which we may revise from time to time. 

Use of Website Content

Poster House grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and use the Website, solely for personal use, subject to these Terms of Use. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Poster House or as otherwise explicitly permitted by the website or permitted by law (such as fair use).  This agreement does not include any resale or commercial use of (i) the Website, (ii) any content, materials, information, text, data, articles, stories, copyrights, posters, pictures, graphics,  images, photographs, artwork, videos, identifying marks, Website pages, software, and other original works of authorship and/or intellectual property incorporated into the Website by or on behalf of Poster House (“Content”) , and (iii) any trademarks, service marks, logos, designs, and insignia of Poster House or any third party companies, products and services used or displayed on the Website or in collateral materials (collectively, “Trademarks”) (items (ii) and (iii) collectively, “Website Content”), which Website Content is and shall remain the sole and exclusive property of Poster House (or the applicable third party licensor or owner from whom Poster House obtained the right to use such Website Content).  You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of Poster House and all goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner.

All rights not expressly granted by Poster House are specifically and completely reserved. Nothing on the Poster House website or in these Terms of Use 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 Poster House has authority to grant any right or license on behalf of any third party.

Violation of this agreement may result in infringement of intellectual property and contractual rights of Poster House or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.  Poster House does not warrant or represent that your use of Content, or any other materials or information displayed on this Website will not infringe rights of third parties. 

Copyright Notice

Poster House respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to this site from those that infringe on the rights of others. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, Poster House has designated an agent to receive notifications of claimed infringement, as described in our Copyright Policy. If you believe that any Content on this Website violates or infringes upon your intellectual property rights or someone else’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please contact the agent designated below. In your notice to us, you must do the following:

Give enough information to enable Poster House to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available.

Identify the material(s) and/or work(s) that you claim are being infringed upon on this site and the material(s) that are causing such infringement, and give enough information (such as a web page address) to locate such material(s) or work(s) within the site.

State that you have a good-faith belief that use of the material(s) or work(s) in question is not authorized by the copyright owner, its agent or the law.

State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) or work(s) that you claim in (2) above are being infringed, or are authorized by such owner to act on its behalf.

Provide your physical or electronic signature.

Our designated agent contact is:

Name: Nancy Wolff
Address: Cowan, DeBaets, Abrahams & Sheppard LLP, 41 Madison Ave. 38th Fl. 10010
Telephone: 212.497.0940
Email: nwolff@cdas.com 

Third-Party Communications and Content

The Website may include embedded third-party content links (such as hyperlinks) to third party websites, as well as other products and services that are not owned or controlled by Poster House (collectively, “Third Party Content”).  Poster House does not control any such Third Party Content and is not responsible for (i) the availability or accuracy of any such Third Party Content or (ii) any content, advertising, or products or services displayed or sold on or through such Third Party Content (as applicable).  You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third Party Content that you access or use through the Website.  You acknowledge and agree that you shall assume the sole responsibility for, and risk associated with your use and/or access of, or interaction with, Third Party Content, including compliance with any applicable third party terms.

Prohibited Conduct

The Website and Website Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services and/or features of the Website, or without the express prior written consent of Poster House and/or the applicable third-party owner thereof, in each instance.

While accessing the Website, you may not conduct any of the following activities:

  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof.
  • Modify, adapt, translate or create derivative works based upon the Website or any part thereof, including, without limitation Website Content.
  • Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Website in any manner.
  • Adapt, alter, license, sublicense or translate the Website for your own personal or commercial use.
  • Interfere with or damage operation of the Website by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
  • Use the Website for any purpose in violation of applicable local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
  • Use, transfer, distribute or dispose of Website IP in any manner that could compete with the business of Poster House.

The rights granted to you in these Terms of Use terminates automatically upon any unauthorized use of the Website and Poster House reserves the right to take any action we deem appropriate in connection with your violation of these Terms of Use, including, without limitation, taking appropriate investigative and legal action for any illegal or unauthorized use of the Website, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, IP addresses, and traffic information.  You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Use may be raised as a defense against any third-party claims arising from any such violation.

Fair Use is Permitted

Fair use of copyrighted material includes the limited use of protected materials for some noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting that qualify under Section 107 of the Copyright Act.

By downloading, printing, or otherwise using text, audio, video, image and other files from the Poster House 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 Poster House’ or any other party’s proprietary rights.

Our Store; Products; Purchase Terms

Subject to applicable law, and notwithstanding any information or materials displayed on the Website, we: (a) reserve the right to change the products and services advertised or offered for sale through our “Shop” webpage on the Website, the prices or specifications of such products and services, and any other Website Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products or services advertised or offered for sale on the Website will be available when ordered or thereafter; (c) reserve the right to limit quantities of products and services sold or made available for sale; (d) do not represent or warrant that Website Content related to any products or services advertised or offered for sale (including without limitation product descriptions or photographs) is accurate, complete, reliable, current, or error-free; and (e) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Website is inaccurate or when we recognize abuse of these Terms of Use and our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. We have made reasonable efforts to ascertain general eligibility of products and display accurately the colors or appearances of the products on the Website. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition for a refund.

Representations and Warranties

You represent and warrant that that: (i) you have the right, authority and capacity to enter into, and to be bound by, these Terms of Use and to abide by the terms and conditions of these Terms of Use.

BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THESE TERMS OF USE.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  Poster House MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. 

POSTER HOUSE  DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF ANY WEBSITE CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.  POSTER HOUSE  DOES NOT WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  POSTER HOUSE CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

Limitations of Liability; Class Action Waiver

YOU ACKNOWLEDGE AND AGREE THAT POSTER HOUSE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.  THEREFORE, YOU AGREE NOT TO HOLD POSTER HOUSE, AFFILIATES, LICENSORS, CLIENTS, VENDORS OR OTHER CONTRACTING PARTIES OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “POSTER HOUSE PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED BY ANY POSTER HOUSE PARTY.

UNDER NO CIRCUMSTANCES WILL ANY POSTER HOUSE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY POSTER HOUSE PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND POSTER HOUSE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR POSTER HOUSE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR POSTER HOUSE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.  YOU AND POSTER HOUSE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, POSTER HOUSE, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend and hold harmless, the Poster House Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms of Use; (iii) your violation of any applicable law or regulation; or (iv) your violation of any third-party right, including, but not limited to, any intellectual property right.  Poster House shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Poster House’s request.  Poster House reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Poster House.

Website Access Requirements; Updates and Maintenance

It is your responsibility to: (a) ensure that your computer or mobile device complies with the requirements for accessibility, including a compatible web browser and internet or wireless network connection; and (b) pay for all costs and expenses that you may incur while using the Website.

Your access to the Website may be interfered with by numerous factors outside of Poster House’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects.  Poster House is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Website.

Poster House may in the future update the Website for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”).  The terms of the License granted to you hereunder shall apply in full to any Update.  Following an Update, you may not be able to use the Website until you have downloaded the latest version and accepted any new terms.

Privacy

Your privacy is very important to us.  To understand our practices, please review our Privacy Policy available at PosterHouse/privacy-policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. 

Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal laws of the State of New York, without reference to principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in  new York, New York and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts for the purpose of litigating any such action.

You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

Waiver and Severability of Terms; Entire Agreement

Failure by Poster House to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website and Website Content.

All sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

Modifications, Amendment

We may change or amend these Terms of Use at any time in our sole discretion.  If we make a material change or amendment to these Terms of Use, we will notify you by posting such changes or amendments on the Website, which changes, or amendments will be effective automatically upon the posting thereof.  You agree that all agreements, notices, disclosures and other communications we provide to you may be sent electronically and that such electronic delivery shall satisfy any legal requirement that such communications be in writing.

Open Source Software

The Website contains certain open source software. Each item of open source software is subject to its own applicable license terms.

Feedback

If you choose to correspond with us or our employees in any manner with respect to the Website, including any Website Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.  Accordingly, by sending us Feedback, you agree that: (i) Poster House has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Poster House is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Poster House a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Contact

General questions or comments about the Website or these Terms of Use should be sent to info@posterhouse.org.