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These terms of use ("Terms of Use") are the legal terms between you and the Brooklyn Museum ("Brooklyn Museum or "us"), under which the Brooklyn Museum makes available its application program interface ("API"), which allows you to develop tools to enable you to query and discover Brooklyn Museum content, including, without limitation, data and static images (collectively, "Brooklyn Museum Content") that the Brooklyn Museum makes available on its website (the "Brooklyn Museum website") and connect it with other data sources. By using the API, you agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, or any updated versions thereof, you must cease any and all use of the API.

You represent that you have full power, capacity, and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms of Use. If you don't have the legal authority, please ensure that an authorized person from your entity consents to and accepts these Terms of Use.

The Brooklyn Museum may release new versions of the API from time to time and require you to use the most recent version at its sole discretion. The Brooklyn Museum reserves the right to modify these Terms of Use at any time at its sole discretion. You understand and agree that if you use the API after the date on which the Terms of Use have changed, the Brooklyn Museum will treat your use as acceptance of the updated Terms of Use. The Brooklyn Museum reserves the right to terminate your access to, or discontinue, the API at any time, for any reason at its sole discretion.

1. Registration; Brooklyn Museum API Keys. You may be required to register to obtain access to and use of the APIs and Brooklyn Museum Content. Upon registration, you may be required to provide Brooklyn Museum with certain information including, without limitation, your name or your company's name, address, e-mail address and/or the name and URL of your website(s) ("Your website(s)") on which you intend to implement the API (collectively, your "Profile Information"). You represent, warrant, and covenant that any and all Profile Information and any other information or data you provide to us, is and shall be true, accurate, and complete when given to us; that in providing such information to us you shall not knowingly omit or misrepresent any material facts or information; and that you shall promptly enter corrected or updated Profile Information via the Brooklyn Museum website, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the API and Brooklyn Museum Content, as applicable. Following completion of your registration, if applicable, you may be provided with one or more unique application IDs and keys in order to access and use the API and Brooklyn Museum Content (collectively, the "API Keys"). Your API Keys are personal to you. You agree that you shall not allow another person to use your API Keys to access and use the API and/or Brooklyn Museum Content under any circumstances. You are solely responsible for maintaining the strict confidentiality of your API Keys and for any damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your API Keys, your disclosure of your API Keys, or your authorization to allow another person to access and use the API or Brooklyn Museum Content using your API Keys. You agree to immediately notify us if you become aware of any unauthorized use of your API Keys or other need to deactivate any API Key due to security concerns.

2. License Grant. If you are approved for use of the API upon registration, the Brooklyn Museum grants you a personal, worldwide, royalty-free, non-exclusive, and non-transferable right and license to use and implement the API on a Your website(s) and distribute and display Brooklyn Museum Content to end users of Your website(s) ("Users") immediately upon receipt by your servers, solely for non-commercial use, without charge to Users by you or others, via Your website(s), all in accordance with these Terms of Use.

3. Your Responsibilities and Restrictions on Use. Your right to use the Brooklyn Museum API is subject to the following requirements and restrictions:

• You must not access or use the API or any Brooklyn Museum Content through any technology or means other than those provided in the API, or through other explicitly authorized means the Brooklyn Museum may designate;
• All calls to the API must reference the API Key issued to you by the Brooklyn Museum;
• You shall not use any automated means (e.g., scraping, robots, etc.) other than the API to access, query, or otherwise collect the Brooklyn Museum Content or any other information or data from the Brooklyn Museum website. You may employ session based caching of API results, but must use your best efforts to update cached results upon any changes in the applicable metadata. For instance, if any Brooklyn Museum Content is removed from the Brooklyn Museum website or is no longer made available for general viewing, any cached results and thumbnails related to such Brooklyn Museum Content must be promptly removed from your cache;
• You agree that you will provide Brooklyn Museum Content to Users on an "as is" basis, with disclaimers similar in all material respects to those set out in these Terms of Use;
• You may not retain any copies of the Brooklyn Museum Content. Your right to Brooklyn Museum Content is limited to making direct server calls to the API for Brooklyn Museum Content and to distributing the Brooklyn Museum Content to Users on Your website(s) immediately upon receipt by your servers;
• You must not present Brooklyn Museum Content (or permit the Brooklyn Museum Content to be presented) so that it appears to be sourced from any source other than the Brooklyn Museum;
• You must not use the Brooklyn Museum name, likeness or logo without express written permission from the Brooklyn Museum. Such permission may be revoked at any time. You agree to comply immediately with any request to remove the Brooklyn Museum's name, likeness or logo from any website or web application or app;
• If Your website(s) requires Users to register, such registration must be free and available to the public (i.e., all users of the Internet);
• If Your application(s) are distributed through an app store or online marketplace, the application(s) must be distributed at no charge to the public and cannot contain in-app advertising;
• If Your application(s) are distributed through an app store or online marketplace, the application(s) must state in the application description, "While this application makes use of the Brooklyn Museum API, it is not an official product of the Brooklyn Museum.";
• You may not otherwise reproduce, modify, distribute, decompile, disassemble, reverse engineer, create derivative works, or otherwise attempt to extract the source code of the API, any portion of the API, or Brooklyn Museum Content;
• You must not use the API in a manner that, at Brooklyn Museum's sole discretion, exceeds reasonable request volumes;
• You are limited to 3,000 API calls per day, per API Key issued to you. The Brooklyn Museum may change these call limits at any time at its sole discretion;
• You must not use the API or Brooklyn Museum Content in connection with or to promote any products, services, or materials that promote, are, or are used primarily for the purpose of dealing in: viruses, spyware, malware or other malicious code, counterfeit goods, materials breaching the Human Rights Act or any other applicable laws, materials promoting acts of terrorism or violence, tobacco and tobacco products, and gambling;
• You must not use the API or Brooklyn Museum Content in any context that is obscene, indecent, pornographic, or otherwise inappropriate;
• You must not impersonate any person or falsely state or otherwise misrepresent your affiliation with a person in connection with your use of the API or display of any Brooklyn Museum Content;
• You must not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the API or the Brooklyn Museum Content;
• You must not violate or attempt to violate the security of the API or the Brooklyn Museum website;
• You must not use the API in any manner or for any purpose that breaches any applicable law, any right of any person or in any manner inconsistent with these Terms of Use (including, without limitation, intellectual property rights and rights of privacy); and
• If you become aware that any User of Your website(s) is in breach of these Terms of Use, you agree to notify the Brooklyn Museum promptly of such breach, and to take prompt commercially reasonable corrective action at your expense to remedy that breach.

4. Display of Brooklyn Museum Content. Your display of the Brooklyn Museum Content must comply with the Brooklyn Museum's copyright policy. When displaying Brooklyn Museum content on Your website(s), you must provide object and exhibition metadata in one of the following ways:

• Use the link provided with each object or exhibition to link back to the original source material on the Brooklyn Museum website;
• Display the quick caption provided with each object or exhibition along with each record;
• Display at a minimum the object's title, artist, dates, medium, dimensions, credit line, accession number, photo credit, and "Brooklyn Museum"

5. Proprietary Rights. You acknowledge and agree that the Brooklyn Museum (and its respective licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the API, the Brooklyn Museum Content, and the Brooklyn Museum website, including any intellectual property rights associated therewith (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6. No Technical Support. You understand and agree that the Brooklyn Museum will provide no guarantee of technical support services to you in connection with your integration of the API.

7. Fees. Brooklyn Museum reserves the right, at any time, at its sole discretion, to impose a fee for your access to and/or use of the Brooklyn Museum website, the API, and/or Brooklyn Museum Content.

8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE API AND THE BROOKLYN MUSEUM CONTENT IS AT YOUR SOLE RISK AND THAT THE API AND THE BROOKLYN MUSEUM CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, BROOKLYN MUSEUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE API WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE API WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE API WILL BE CORRECTED. ANY CONTENT OBTAINED THROUGH THE USE OF THE API IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. BROOKLYN MUSEUM, ITS LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT BROOKLYN MUSEUM'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND BROOKLYN MUSEUM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BROOKLYN MUSEUM, ITS SUBSIDIARIES AND AFFILIATES, AND BROOKLYN MUSEUM'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS) AND (B) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY CHANGES THAT BROOKLYN MUSEUM MAY MAKE TO THE API, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE API (OR ANY FEATURES WITHIN THE API); (ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY BROOKLYN MUSEUM CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE API; (iii) YOUR FAILURE TO PROVIDE BROOKLYN MUSEUM WITH ACCURATE ACCOUNT INFORMATION; OR (iv) YOUR FAILURE TO KEEP YOUR API KEY OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THESE LIMITATIONS ON BROOKLYN MUSEUM'S LIABILITY TO YOU WILL APPLY WHETHER OR NOT BROOKLYN MUSEUM, ITS AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

10. Release And Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Brooklyn Museum, its parents, subsidiaries, affiliates, and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, operational service providers, suppliers, and contractors from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your access to and use of the API and Brooklyn Museum Content. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

11. Indemnification. You shall indemnify, defend and hold Brooklyn Museum, its agents, affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments, and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action, or proceeding (any and all of which are "Claims") by a third party arising out of (a) your use of the API or Brooklyn Museum Content, (b) your breach of the terms and conditions of these Terms of Use, or (c) any claim that your implementation or use of the API or Brooklyn Museum Content violates any applicable law, including, but not limited to, infringing the rights of a third party. You will cooperate as fully as reasonably required in the defense of any Claim. Brooklyn Museum reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the API or any Brooklyn Museum Content may be irreparable, and therefore, Brooklyn Museum is entitled to seek equitable relief, including, but not limited to, preliminary injunction and injunction, in addition to all other remedies.

12. Miscellaneous. These Terms of Use are governed by New York law, except for New York's conflicts of laws principles. These Terms of Use, as well as the any additional terms that govern your use of the Brooklyn Museum website, constitute the entire agreement between the parties with respect to the subject matter hereof. You shall not assign or otherwise transfer any of your rights or delegate your obligations hereunder and any such attempt is null and void. You and Brooklyn Museum are not legal partners or agents, but are independent contractors.

These Terms of Use were last modified on February 12, 2024, and are effective immediately.

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