Terms and Conditions of Use
Q Contemporary (“QC”) provides the Qcontemporary.com website, as well as various microsites and subdomains that include Qcontemporary.com in the URL, and related services, including without limitation RSS feeds, mobile websites, and mobile applications (such services, collectively, referred to herein as the “Site”), in support of its mission to further the understanding and appreciation of art by the public. The Site supplements the outstanding art collections and educational programs we offer on-site, and through related alliances around the world. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use (the “Terms and Conditions of Use”) set forth below.
Acceptance of Terms and Conditions of Use
By accessing the site, including by downloading, installing or otherwise using any QC application, you accept without limitation or qualification these terms and conditions of use. QC may revise these terms and conditions of use at any time, which revisions shall be binding upon you should you continue to use the site. If you do not wish to be bound by these terms and conditions of use, please exit the site now and refrain from further use.
QC has created and compiled the Site with careful regard for accuracy and integrity of scholarship. We believe that the context in which we present material is important to understanding it, and we will improve, modify, enhance, and expand the Site on a continuous basis. Thus, while we recognise that the Site may allow you to access subsets of this material, we urge you to consider the complete context for maximum appreciation and accuracy.
Protection of Privacy
Many of the names, titles, building images, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks of the QC, including but not limited to the exterior and interior building images of Q Contemporary. The trademarks of third parties may also appear on the Site from time to time. Nothing contained on the Site should be construed as granting, expressly or implicitly, by estoppel or otherwise, any right or license to use the Q Contemporary Trademarks or any other trademarks displayed on the Site without the express written permission of QC or the applicable third-party trademark owner.
Copyrights and Authorised Uses
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are either proprietary to QC or used in accordance with applicable law or third-party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of QC except for limited personal, non-commercial use, and the purposes described below:
Fair Use or another legislative exemption
QC does not object to your reproduction, distribution, display, transmission, performance, and use of the Content and/or Compilation if done in accordance with laws of “Fair Use”, other applicable legislative exemptions set forth in the Hungarian Act LXXVI of 1999 on Copyright and similar applicable national or international laws. Please note that you are solely responsible for determining whether your use is subject to any statutory exemptions and for responding to any claims that may arise from your use. QC will not be responsible in connection with any such uses.
Special Permission for Educators
QC recognises that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers and other educators, in accordance with our own charitable and educational mission, we therefore consent to the following additional uses of the Site:
Subject specifically to the rights of third parties (which permissions are entirely the user’s responsibility to obtain), QC consents to the reproduction, distribution, display, transmission, performance, and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, museum, or other educational organisation; provided, however, that such organisation is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, license, or sell educational materials for teachers and educators.
QC provides dedicated pages on the Site for members of the press. See Press Room. Except where noted otherwise, photographs, images, press releases, and articles (the “Press Materials”) that appear on these pages may be downloaded, reproduced, and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to QC and its exhibitions, programs, and events. Use of the Press Materials for any other purpose requires the additional, prior written permission of QC and may also require the additional, prior permission of third-party rights holders, which permissions are the press user’s sole responsibility to obtain. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or archives under any circumstances.
To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy, and integrity. Photographs and other images must be reproduced in their entirety; you may not crop or otherwise alter them.
Citations and Crediting
All of the above permitted uses are subject to the following terms:
All Other Uses of the Q Contemporary Trademarks and Content
If you desire to use the Q Contemporary Trademarks or Content other than as permitted herein, you must obtain the QC’s prior written permission. QC maintains an active licensing program for commercial use of its intellectual property assets, including use of the Q Contemporary Trademarks, building images, images of select artworks, and other proprietary content that may appear or be referenced on the Site. For more information on our Licensing Program, or to request permission related to your product, service, or promotion thereof, please see contact firstname.lastname@example.org.
Q Contemporary does not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site; however, links to the Site are permitted as described in Links to The Site, below.
You may also be required to clear third party rights in Content you use, the sole responsibility for which will be your own (see Use of Third-Party Trademarks and Images below).
Use of Third-Party Trademarks and Images
If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the Site but do not belong to the QC, you should contact the third parties who are referenced as the rights holders. QC assumes no responsibility for ascertaining whether such rights are valid, whether all of the rights holders are specified alongside Content described or for securing such rights on your behalf.
Reservation of Rights
All rights not expressly granted by QC herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions 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 QC has authority to grant any right or license on behalf of any third party.
Links to the Site
QC appreciates the interest of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your site to the Site, please note the following rules:
Links from the Site
In using the Site, you may find that QC provides hyperlinks to one or more third-party websites (the “Linked Sites”). QC provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Sites. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, a Linked Site or its content, purpose, policies, or business practices.
Any communication or material you post, transmit, or distribute to the Site by electronic mail, through forums or interactive features of the Site, or otherwise, including any images, data, concepts, techniques, know-how, or other content, questions, comments, suggestions, or the like (collectively, “Your Content”), is and will be treated by the QC as non-confidential and non-proprietary. Your Content may be used by QC and its affiliates for any purpose, including but not limited to, for any reproduction, display, performance, transmission, publication, or broadcast purpose, as well as be modified by QC, disclosed to law enforcement entities or others, or used for developing, manufacturing, and marketing products in any medium, throughout the world. Any of Your Content posted to discussion forums on the Site may also be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. By participating in or contributing to any forum or other interactive feature of the Site, you agree to be bound by any rules posted by QC in connection with the forum or other feature.
To the extent you do not own the rights to Your Content, QC requires you to obtain any necessary permissions from the third-party owners before posting, distributing or otherwise making available Your Content on the Site. You acknowledge and agree that you will not upload, distribute, or otherwise post or link to any information, materials, or modifications to the Site that: (a) is libellous, defamatory, threatening, abusive, obscene, unlawful, or that encourages a criminal offense; (b) contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (c) attempts to circumvent, disable, or override any encryption features or other protections of the Site; (d) infringes the copyright or other proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content posted; (f) intentionally interferes with or destructs the Site or servers or networks connected to the Site; or (g) or contains any advertising, promotional, or solicitation material.
You acknowledge that any submission you make to the Site (including without limitation comments, blog entries, forum messages, audio, video, or photographs) may be edited, removed, modified, altered or changed, including in a manner not agreeable to you. QC specifically reserves the right to delete, move, or edit submissions that, in its sole discretion, it deems offensive, abusive, defamatory, obscene, or off topic as well as submissions that QC believes may violate copyright laws or trademark laws or are otherwise unacceptable. You acknowledge that QC cannot and does not review every submission to the Site and is not responsible for the content of such messages.
User Warranty and Indemnification
By using this Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions of Use. You agree to indemnify, defend, and hold harmless QC from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to Your Content or your use of the Site.
Disclaimer of Warranties
QC provides the site on an “as is” basis. Your use of the site, content, and compilation is at your own risk. QC disclaims all warranties of any kind, whether 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 copyrights or other third-party proprietary rights. QC does not warrant that the site will provide continuous, prompt, secure, or error-free service. QC makes reasonable, ongoing efforts to revise and update the site but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the site. QC assumes no responsibility, and shall not be liable for any damage to your computer equipment, data, or other property arising from your use of the site, whether due to a computer virus or otherwise.
Limitation of Liability
Neither QC, its affiliates, trustees, directors, officers, sponsors, collaborators, employees, nor agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the site, content, your content, and/or compilation, notwithstanding the failure of essential purpose of any remedy.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms and Conditions of Use is held to be invalid, unlawful, or unenforceable, then that provision shall be deemed severed and deleted from these Terms and Conditions of Use and shall not in any way affect the validity, legality, and/or enforceability of the remaining provisions. QC’s failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless agreed to in writing by QC.
Applicable Law and Jurisdiction
These Terms and Conditions of Use and any amendments thereto shall be governed by and construed in accordance with the laws of Hungary and the directives of the European Union, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions of Use shall be brought in any court located in Hungary, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
The Q Contemporary Wireless Network
Terms of Service and Acceptable Use Guidelines (the “Wi-Fi Guidelines”)
Q Contemporary provides free wireless Internet access (the “Service”) in its building in Budapest. By using the Service, you agree to abide by these Wi-Fi Guidelines.
Destructive Activities: For example: (i) hacking; (ii) spamming; (iii) sending Internet viruses, worms, and Trojan Horses; (iv) using the Service for activities that invade another’s privacy; (v) transmitting or otherwise making available defamatory, harassing, abusive, or threatening material or language; (vi) facilitating a violation of these Wi-Fi Guidelines; and (vii) transmitting or otherwise making available obscene or indecent materials.
Other Illegal Activities: Using the Service to violate any laws, statutes or regulations, including without limitation, those governing export control, piracy of software, child pornography, obscenity, trade in firearms, spamming, intellectual property rights of others, privacy, and data transfer.