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Terms of Use

FOTOGRAFISKA TERMS OF USE April 13, 2022

Welcome to the Fotografiska Museum (“Fotografiska”, “we”, “us”, and “our”) Web Site (the “Site”). Please read these Terms of Use (the “Terms”) carefully, including our Privacy Policy.

The following Terms describe your rights and obligations when using Fotografiska’s Site. By accessing the Site, you agree to be legally bound to all the following Terms, regardless of whether or not you are a registered or paid user. Before accessing our Site, please read through the entirety of the Terms. If you do not wish to adhere to these Terms, please do not use the Site. The right to access and use the Site is not transferable to any person or entity.

These Terms are subject to change at any time without advance notice. We will post the most updated Terms on our website with the date at which it was updated. All new Terms are effective as of the date of publishing. By continuing to use our Site after a change in the Terms, you agree to be bound by the new Terms. Please visit this page regularly to ensure that you are aware of any and all changes made to the Terms.

Online Privacy Statement

If you wish to know more about our data privacy practices, please visit our Privacy Policy which describes our data collection policies, privacy measures and treatment of personal information of Site users. Our Site is not meant for use or access by anyone under the age of thirteen (13).

Copyright – Use of Content

Access to and use of text, artwork, photographs, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on this Site (collectively, the “Materials”) are protected by copyright, trademark and other laws and may be covered by other restrictions as well. Fotografiska and applicable third parties own or have acquired all rights to the Materials, and the materials contained within the Site.

Fotografiska expressly prohibits the copying and distribution of any protected materials on the Site, except for the purposes of fair use as defined in the United States copyright laws. 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, so long as you do not use more than you need for the permitted purpose and you do not interfere with an established market for licensing the material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such uses are welcome to do so without the express permission of Fotografiska. Users must cite the author and source of this material as they would for material from any printed work; the citation should include the URL https://newyork.fotografiska.com/, but not in any way that implies endorsement of the user or the user’s use of the Materials. A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected Materials to fair use, will not violate the proprietary rights of Fotografiska or any other party, and will be solely responsible for any violation.

Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by Fotografiska. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited.

Trademarks

Fotografiska and third parties own many of the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the “Trademarks”) displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of Fotografiska or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is strictly prohibited. You agree not to use Fotografiska’s name or any of the Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether we are the source, sponsor, endorser or affiliated with any product or service. You also agree not to use Fotografiska’s name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our Trademarks in any manner that disparages or discredits us or infringes or violates any of our rights.

Digital Millennium Copyright Act

Fotografiska is committed to complying with U.S. copyright and related laws and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact Fotografiska immediately to report any concerns of infringement by providing notice to Fotografiska’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Please contact us at privacy@fotografiska.com and include the following in your correspondence:

  • The copyrighted work or works you believe have been infringed upon
  • The content you claim to be infringing upon your own work
  • Contact information including email address and phone number
  • A full statement explaining that the material has been used without authorization by either the copyright owner or an authorized agent of the copyright owner
  • A full statement certifying that all information submitted is accurate and complete and that you, as the person submitting a complaint, are authorized to act on behalf of the copyright regarding DMCA claims

Store Product Representation

Every attempt is made to provide accurate information about Fotografiska Shop products on the Site. Fotografiska does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without typographical errors. All typographical errors, inaccuracies, and omissions are subject to correction.

Fotografiska makes every effort to present the colors of products as accurately as possible. The display of color depends on the settings of a user’s particular monitor; Fotografiska cannot guarantee that the colors displayed on an individual’s monitor will be correct.

Purchasing on the Site

Fotografiska has the right to refuse, limit, or cancel any orders placed on the Site. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Site.

Links to Other Websites

The Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. Fotografiska has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk. A link does not imply endorsement or affiliation with the linked site by Fotografiska.

Friends of Fotografiska Membership

Fotografiska is an inclusive hub for a connected, creative, photo-loving community, a place for personal experience and education, shared values and belonging. Being a member at Fotografiska means being a part of the Fotografiska family, a lively bunch of the culturally curious who seek art, discourse and time spent with kindred spirits. We are thrilled to have you as a Member of our community.

By purchasing this Membership, you are entering into an agreement with Fotografiska NY LP, including these Terms (“Agreement”). Fotografiska and Member may each be referred to herein as a “Party” and collectively “Parties.” These Membership Terms describes your rights and obligations in connection with your access to Fotografiska and the associated services provided by the Membership (“Membership Benefits”).

Fotografiska reserves the right to amend these Terms and any Membership Benefits.

MEMBERSHIP TIER: FRIENDS OF FOTOGRAFISKA

Benefits:

  • Access to cultural programming, educational programming, and exclusive member events.
  • Exclusive access to our 2025 exhibition on 100 Years of New York Nightlife.
  • Unlimited access to Fotografiska Stockholm, Tallinn, Berlin and Shanghai
  • 10% discount at The Shop online. 20% discount off of first purchase

Member hereby agrees that:

Fee Change. On each annual anniversary of the Membership Start Date, the Membership Fee may be subject to an automatic three percent (3%) increase of the previous year’s Membership Fee.

Auto-Renewal. All Memberships will renew automatically for successive periods equal to the current term unless terminated by you or Fotografiska. If Member does not wish to renew Membership, Member must provide no less than thirty (30) days written notice prior to Membership End Date for a request not to renew Membership. All auto-renewals will be charged at the full market price.
Fotografiska reserves the right to not renew any Membership for any reason.

Termination. Fotografiska reserves the right to terminate any Membership pursuant to the Terms & Conditions to this Agreement.

Terms of Use. Member agrees to comply with the following Terms of Use.

I. Membership - Member and membership fees

Member. Upon purchase of the Membership, you will be deemed to be a “Member” and entitled to the privileges of the Membership and Fotografiska Museums and Venues (“Premises”). Fotografiska will create a profile for such Member and such Member shall be entitled to receive a Membership Card and access to the Premises and Membership privileges. Lost or stolen Membership Cards may be replaced at the cost of the Member. The created profile will include only the Member’s name, phone number, email, address, birthdate, and any additional information, including a photograph, shall be added solely as determined by you. Such profile will be viewable by us, our employees and agents, and other members

Privacy. The personal data you disclose is treated with respect and in accordance with the General Data Protection Regulation (Regulation (EU) No 2016/679 of the European Parliament and of the Council, GDPR). Read more about our processing procedures of your personal data in our Privacy Policy.

Membership Fees. Upon the Effective Date, you shall be obligated to deliver the full Membership fee payment to Fotografiska. You may pay Membership fees and other charges due by credit card, debit card or ACH, which will be charged on an automated annual recurring basis for the upcoming renewal term of your Membership. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and CVV (or equivalent). This enables us to continue to provide you access to your Membership benefits. You authorize us to continue to charge your card using the updated information. Fotografiska will have no obligation to refund any Membership fees or other amounts, even if you don’t use your Membership or terminate it before the end of the then-current term. You agree to pay any sales, use, value-added and other taxes or governmental charges related to the Membership fees or any other products or services provided by Fotografiska, other than any income taxes of Fotografiska.

Payment Storage. We do not hold any credit or debit card data on file. Payment information is shared with a third-party service provider as detailed in our Privacy Policy. All credit card processing for Membership Fees and storage of the information is done through Stripe, a PCI DSS compliant payment processing system. Stripe is: (i) reasonably designed to protect the security, confidentiality, and integrity of “cardholder data” and “sensitive authentication data” (as each such term is used in the PCI DSS) in both electronic and physical form and (ii) fully compliant with all requirements in the PCI DSS. For more information on Stripe’s security please visit their website at: https://stripe.com/docs/security/stripe (https://stripe.com/docs/security/stripe).

II. Membership - Events

As a Member you will have priority access to a calendar of events organized by Fotografiska on your behalf. Attending some events may require a payment by you in addition to the annual Membership fee.

Ticketed events have a limited capacity (which will vary according to event) and therefore admission numbers may be limited and cannot be guaranteed.

Access to exhibitions during Member events will be available on a first-come, first-served basis.

Fotografiska reserves the right to cancel or rearrange any organized event. As a Member, a current events calendar will be available to you via your Member portal.

Members’ tickets for paid events are non-refundable. Fotografiska does not accept liability for any irrecoverable costs incurred (e.g. travel) by Members if we have to close or cancel an event due to unforeseen circumstances.

Member is responsible for checking that the event has not been canceled or rescheduled. If an event has been canceled, you should contact Fotografiska, which is obliged to deal with any questions regarding the possible refund of tickets. If the event has to be canceled due to extraordinary circumstances (fire, war, pandemics, terrorism, floods, etc.), Fotografiska reserves the right to keep half the purchase price.

III. Membership - Termination of membership by Fotografiska

Termination. Fotografiska may withhold services and immediately terminate this Membership: (i) upon a breach of these Terms by any Member including the Premise Rules; (ii) upon termination, expiration or material loss of Fotografiska’s rights in the premises; (iii) if any outstanding fees are still due after Fotografiska provided notice of no less than five (5) Business Days;; or (iv) at any other time by Fotografiska’s sole discretion upon no less than fifteen (15) Business Days’ advance written notice. You will remain liable for past due amounts and for any breaches of these Terms and Fotografiska may exercise its rights to collect due payment, despite termination or expiration of the Membership. In the event this Membership is terminated by Fotografiska pursuant to subsection (i), (iii) or (iv) above, in addition to any past due amounts or amounts due arising from a breach of these Terms or other of your obligations arising under the Membership and these Terms, 100% of the Membership Fee for the remainder of the Membership Term shall be immediately due and payable. Fotografiska will not provide refunds upon termination or cancellation of your Membership.

Upon violation of any provision of this Agreement, Fotografiska will provide you written notice to the email address(es) we have on file, which you agree to keep current in your Member portal. The notice shall specify either (i) the nature of the violation and the time frame in which to cure said violation, which time to cure need not be provided, or (ii) the date upon which your Membership and this Agreement shall terminate.

Effect of Termination. Following date of termination of your Membership, you will no longer be permitted to access any Premise or any NeueHouse and Fotografiska affiliated events requiring Membership. Prior to the last day of Membership, you agree to return all Membership Cards to Fotografiska. In the event you created any damage to the Premise (other than normal wear and tear), you agree that Fotografiska may charge any remaining amounts due to the payment method you have on file, which will remain active and available, and authorized to process such charges, for thirty (30) days after the date of Termination of your Membership.

IV. Membership - Fotografiska use of conduct:

Neither you nor any Member guests may:

Use Premises or any services and events offered by Fotografiska to conduct or pursue any activities prohibited by law or for which you or your guests are not authorized or conduct any activity while on the Premises that may be hazardous to other persons in the building.

Conduct any activity while on the Premises or represented in social platforms in association with Fotografiska, images/intellectual property that is generally regarded as offensive to other people, such as involvement in hate groups and/or their ideologies, activities involving pornographic or sexually explicit materials or obscenities, whether written, oral or in any form or medium known or to be created. No harassment, sexual or otherwise, will be permittedin any of the Premises. Any such harassment will be immediately reported to the relevant authorities. If the Fotografiska personnel find in their sole discretion that a complaint is justified, then at Fotografiska’s sole discretion, the relevant violators shall be required to leave, or your Membership will be immediatelyterminated or canceled without any return of your Membership Fees.

Conduct any activities while on the Premises that may be disruptive, including, but not limited to, acts of disorderly nature or excessive noise, including without limitation as a result of excessive inebriation.

No weapons of any kind are permitted on Premises. Possession of weapons by you or your guest in or around Host premises is grounds for immediate cancellation of your Membership.

You will be strictly liable for the activities of you and your guests and for their compliance with these rules of conduct (as such rules may be modified and updated at Fotografiska’s sole discretion upon notice to you). Violation of any rules of conduct will result in Fotografiska reporting such conduct to appropriate law-enforcement agencies, in addition to immediate termination or cancellation of your Membership, at Fotografiska’s sole discretion.

V. Membership - Privacy and security

Disclosure of Personal Information :Fotografiska is committed to keeping your personal information strictly confidential. Only the organization of the performance for which tickets were purchased will retain your information. When we collect your personal information (i.e. name, address, e-mail, and telephone number) it is in an effort to improve your shopping experience and to notify you about program updates, services and answer inquiries. Beyond the presenting organization for your event it is our policy not to disclose any of your personal information at any time, unless you tell us to do so. We do not sell, trade or rent your personal information to third parties. From time to time, we’ll share aggregated (collective) information about our members as a group, or generate aggregate reports and market research for business partners. These reports will not identify individual members.

Security : We use industry-standard methods to protect your information from unauthorized access. Among other techniques, we store such information on a computer behind our “firewall” in a secure location, and we restrict the number of employees internally who can access such data. To ensure the safety of your personal information, including your credit card number, we use Secure Socket Layer (SSL) Technology. SSL protects information as it crosses the Internet. Any data stored is kept in a secure off-site location and stored in a password-protected server. Please be aware, of course, that there is no such thing as perfect security - on or off the Internet.

Please keep security in mind as you reach other websites through links from Fotografiska New York. Each separate company has its own privacy policies and practices and may market to you accordingly. Although we choose our business partners carefully, we can make no representations concerning privacy and security on those sites.

Your password is your key to your account. You should never share it with anyone and we request that you change it periodically and often. You can change your password at any time by accessing My Account on our home page. If you can’t remember your password, the reminder phrase you entered when you last changed or set-up your password will be e-mailed to you immediately. You may also contact us at membership.ny@fotografiska.com (mailto:membership.ny@fotografiska.com) for additional help. We strongly urge you to sign off your account and close your browser window when you have finished your shopping to prevent someone else from accessing your account.

Changing Personal Information : You may at any time modify or change any information you have previously provided to us by clicking on “My Account”, then choose the appropriate section to edit, review, or delete your personal information. Changes will be updated immediately. You may also contact us atmembership.ny@fotografiska.com (mailto:membership.ny@fotografiska.com) and we will be happy to change, modify or delete any information for you.

X. Membership - Force majeure

Nonperformance of Fotografiska shall be excused to the extent that performance is prevented or delayed by strike, fire, flood, pandemic, epidemic, quarantines, governmental acts orders or restrictions, failure of suppliers, Internet or power outages, or any other reason where failure to perform is beyond the control and not caused by the negligence of Fotografiska. Fotografiska will not be liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Fotografiska’s reasonable control, including without limitation (i) any delays or changes in construction of, or Fotografiska’s ability to procure any space in, any Premises, (ii) any delays or failure to perform caused by conditions under the control of our landlord at the applicable Premises, (iii) any governmental acts, orders or restrictions imposed that limit Fotografiska’s operations. Nothing in the foregoing two sentences shall give a Member the right to terminate this Agreement.

XI. Membership - Communications

You acknowledge that you must receive community emails as part of its obligations and duties as a Member. Fotografiska may provide notice of any changes to services, fees or other updates by email to the address provided by you and you agree that such notice transmitted is proper.

You consent to receive SMS communications from Fotografiska such as texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please check our Privacy Policy, and our marketing communications for opt out procedures.

You agree to notify Fotografiska of any change to your contact information (telephone, address and e-mail).

If you contact any other Member who has not consented to such contact, including any spamming, your membership may immediately be terminated by Fotografiska.

Fotografiska reserves the right to terminate any Membership at any time in its sole discretion.

User Content

From time to time, Fotografiska may invite you to send messages, comment publicly, leave feedback and reviews, and post other content on the Site. You remain the sole owner of all intellectual property rights in what you post. You are responsible for all content you share through our Site.

Electronic Communications.

When you use the Fotografiska Site and services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please check our Privacy Policy and our marketing communications for opt out procedures.

User Code of Conduct

You agree to follow the codes of conduct enumerated in these Terms on the Site. Fotografiska may decide in its sole discretion whether your content violates these rules of conduct. You are responsible for all content that you post to our Site and represent that you have permission from all copyright or trademark owners to post any copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory, or otherwise offensive. You may not post identifying information of other users, access another user’s account without authorization. You may not share your account information with an unregistered or unauthorized user. You may not advertise or solicit business on our Site. You may not post any links containing viruses, trojan horses, worms, or other pieces of code designed and meant to harm others, operate on the device of another, or be used for malicious purposes. Fotografiska shall have the right, but not the obligation to inspect, monitor, review, edit, remove, refuse or delete any content for any reason whatsoever.

Security

By creating accounts and passwords on the Site, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Site for lawful purposes only and will not participate in any action that will compromise the security of the Site or damage the Site and their content. Fotografiska uses commercially reasonable efforts to best ensure the security of our Site and your information. However, no website or service is entirely secure. If you would like more information on how we protect your information, please read our Privacy Policy.

Termination and Modification of Site

We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including, in the case of the Terms, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of these Terms survive any such termination.

Disclaimers

Arbitration

YOU AGREE TO ARBITRATE ALL DISPUTES RELATED TO THE SITE, AT PRESENT AND IN THE FUTURE. YOU AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES WITH ANYONE (INCLUDING FOTOGRAFISKA AND ANY EMPLOYEE, OFFICER, DIRECTOR, SHAREHOLDER OR BENEFIT PLAN OF FOTOGRAFISKA IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SITE OR OTHER RELATIONSHIP WITH FOTOGRAFISKA, INCLUDING ANY BREACH OF THESE TERMS, SHALL BE SUBJECT TO BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.

Limitation of Liability

YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL FOTOGRAFISKA OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

By using our Site, you agree to indemnify, defend, hold harmless, Fotografiska, its Affiliates, and the officers, directors, employees, licensors, service providers and agents of Fotografiska and its Affiliates, from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs resulting from or arising out of your connection to and use of our Site, your violation of these Terms, or your violation of any law or rights of a third party.

Governing Law

All claims related to these Terms shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under these Terms, you hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York.

General Terms

Severability and Waiver

If a court or other body of competent jurisdiction finds any provision of these Terms, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to affect the original intent, and the remainder of these Terms will continue in full force and effect.

Waiver by Fotografiska of a breach of any provision of these Terms will not operate as a waiver of any other or subsequent breach.

Entire Agreement

You agree that these Terms constitute the entire agreement and understanding between you and Fotografiska with respect to your use of the Site.

Notice to California Users

Under California Civil Code Section 1789.3, California users of electronic Site are entitled to the following notice: you can contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210.