Disclaimer

DISCLAIMER & TERMS AND CONDITIONS OF USE

These terms and conditions of use shall govern your use of the site www.momaa.org, and all other URLs forming part thereof. The Site is owned and managed by MoMAA Management. These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.

MODIFICATION OF THESE TERMS OF USE

MoMAA reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges, if any, associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You should use the Site in good faith and for the essential purposes for which the Site is intended. Unless otherwise specified, the Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of MoMAA and MoMAA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MoMAA is not responsible for webcasting or any other form of transmission received from any Linked Site. MoMAA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MoMAA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to MoMAA that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

MATERIALS PROVIDED TO MoMAA OR POSTED ON THE SITE

MoMAA does not claim ownership of the materials you provide to MoMAA (including personal data, feedback and suggestions) or post, upload, input or submit to any of the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MoMAA and its affiliated companies permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

MoMAA agrees that it shall not use or sell user identifiable data contained in the Submissions.

LIABILITY DISCLAIMER

The information, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MoMAA may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

MoMAA make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, Work of Art, services and related graphics contained on the Sites for any purpose. All such information, Work of Art, services and related graphics are provided “as is” without warranty of any kind. MoMAA hereby disclaim all warranties and conditions with regard to this information, Work of Art, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In no event shall MoMAA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, Work of Art, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if MoMAA have been advised of the possibility of damages. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

TERMINATION/ACCESS RESTRICTION

MoMAA reserves the right, in its sole discretion, to terminate your access to any or all Site and the related services or any portion thereof at any time, without notice.

GENERAL

These Terms and Conditions of Use are governed by the Dutch Law. You hereby consent to the exclusive jurisdiction and venue of Dutch courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MoMAA as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MoMAA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MoMAA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Site are copyright protected in favor of MoMAA and/or its Artists.

PAYMENTS

You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Site. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.

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