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Terms & Conditions

The Isamu Noguchi Foundation and Garden Museum (“The Noguchi Museum” or “the Museum”) provides this website (noguchi.org), its shop website (shop.noguchi.org), and other subdomains of noguchi.org (together, the “Website”) in support of its charitable and educational mission.

Acceptance of Terms and Conditions

By accessing the Website, you warrant and represent to the Museum that you are legally entitled to do so, and that you accept without limitation or qualification the terms and conditions set forth in this document (the “Terms and Conditions”).

The Museum may revise the Terms and Conditions at any time. Usage of this website constitutes your agreement to be bound by the Terms and Conditions and by any and all revisions to said Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, please exit the Website and refrain from further use.

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of The Isamu Noguchi Foundation and Garden Museum, including but not limited to the following registered trademarks: ISAMU NOGUCHI, NOGUCHI, RUDDER TABLE, AKARI, the Noguchi Coffee Table, and the Akari Sun and Moon logo (together, the “Noguchi Museum Trademarks”). You may not use the Noguchi Museum Trademarks without the Museum’s express prior written permission. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, any right or license to use any of the Noguchi Museum Trademarks.

Trademarks of third parties may also appear on the Website. You may not use these third party trademarks without the express prior written permission of their owners. You acknowledge and agree that nothing on the Website states, expressly or implicitly, that the Museum has authority to grant any right or license on behalf of any third party trademark owner.

Any unauthorized usage of Noguchi Museum Trademarks or of the trademarks of third parties is strictly prohibited.

Copyright

The Museum is the rights holder for the work of Isamu Noguchi, including but not limited to his sculptures, drawings, furniture, and designs, and for his likeness.

Materials on the Website, including but not limited to the Website itself, images, text, documentation, archival documents, audio and video files, and software, both by Isamu Noguchi and by other persons or parties, are protected by copyright laws. The Museum retains all rights that it may hold, including copyright, in these materials and in the Website itself.

Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, or in addition to, the Museum.

The Museum expressly prohibits the copying of any protected materials on the Website, except for the purposes defined and described below as “Fair Use.”

Fair Use

Fair use of copyrighted materials is defined by law and includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print images, text, and other files from the Website for such uses with the Museum’s express written permission. Materials used under fair use laws should cite the author or artist, as well as the source, which should include the Website’s URL.

By downloading or printing these materials, you agree that you will limit your use of such files to fair use, and will not violate the Museum’s copyright or other proprietary rights, or the copyright rights of any third party.

Commercial Use

All commercial use, including but not limited to use for publications, websites, advertisements, promotion, or any use other use not otherwise defined as “Fair Use” above, requires prior written permission. Unauthorized downloading, publication, or usage of materials on the Website or the Website itself for commercial purposes is specifically prohibited.

Requests to reproduce works by or of Isamu Noguchi should be directed to:

Artists Rights Society
65 Bleecker Street
Floor 12
New York, NY 10012
info@arsny.com

Photography Policy

The Noguchi Museum grants permission for photography for personal use only. All other requests require prior written permission. For more information, read our Photography Policy.

Shop

The Museum makes every attempt to provide accurate information throughout the Website, including for products for purchase at shop.noguchi.org (the “Shop”). The Museum does not warrant that any information in the Shop, including product descriptions, availability, or photography, is correct, complete, or current. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of the Museum. All inaccuracies and omissions are subject to correction. The Museum cannot guarantee that colors displayed on your monitor will reflect the actual product color. All products are subject to the Return Policy outlined in the Shop. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. We reserve the right to discontinue any product at any time.

Transactions

The Museum has the right to refuse, limit, or cancel any transactions made on the Website at its sole discretion. Errors in pricing or in order processing are subject to correction and may be adjusted at any time. A user must be 18 years or older to make a purchase.

Reservation of Rights

All rights not expressly granted by the Museum herein are specifically and completely reserved.

Warranties

You represent and warrant that you have the full power and right to agree to the Terms and Conditions, and that you will abide by all Terms and Conditions herein.

Disclaimer of Warranties

The Museum provides the Website on an “as-is” basis, without a warranty of any kind, either 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 third party proprietary rights. The Museum assumes no responsibility, nor shall it be liable for, any errors or omissions, for any damages or losses that you or a third party may incur as a result of the Website, or for any damages to, or for viruses that may infect, your computer equipment or other property arising from your use of the Website or from your downloading from, or reproduction of, any materials from the Website.

Limitation of Liability

The Museum, its affiliates, trustees, directors, officers, employees and/or agents shall not be responsible for, and disclaim all liability for, any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party, as a result of, or which may be attributable, either directly or indirectly, to your access and use of the Website, or for your transmission of any information through the Website (even if the Museum, its affiliates, trustees, directors, officers, employees and/or agents have been advised of the possibility of such damages). The Museum shall not be responsible for the confidentiality of any information transmitted via the Website. You agree that any information you transmit to us is sent at your own risk.

Indemnification

By using the Website, you agree to indemnify, defend and hold harmless the Museum, its trustees, officers, agents and employees from any and all claims, damages, losses, liabilities and expenses, including but not limited to reasonable attorneys’ fees and cost of litigation, in connection with any accident, loss, injury (including death) or damage to persons or property (including intellectual property) arising from or relating to your use of the Website.

Governing Law

The Terms and Conditions will be governed by and in accordance with the Laws of the State of New York in the United States, and the parties consent to the exclusive jurisdiction of the Federal or State courts located in the City and State of New York, Borough of Manhattan, for the adjudication of any disputes relating to the Terms and Conditions and to the service of process upon them by certified or registered mail, and you hereby waive any objection that you may have to personal jurisdiction in these courts.

Entire Agreement

This Agreement is intended by the parties as a complete and exclusive statement of the agreement and understanding of the parties. This Agreement supersedes all prior agreements and understandings between the parties with respect to the subject matter contained herein. Any modification or supplement to this Agreement must be in writing and signed by both parties.

In the event that any one or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired or affected, it being intended that all of the rights and privileges contained herein shall be enforceable to the fullest extent permitted by law.

Updates to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

The Museum reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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