Terms of Use

Website and App

TERMS OF USE

These Terms of Use (“Terms”) govern your use of the Getty’s Unshuttered website and app and any functionality provided thereby (collectively the “Service”). By accessing or using the Service you agree to be bound by the Terms. If you do not agree to be bound by the Terms you may not access or use the Service.

General Conditions

1. You must be at least 13 years old to use the Service.

2. You must read and agree to follow the Community Guidelines.

3. You may use the Service only under your own username and may not share your account with others.

4. You may not use the Service for any illegal or unauthorized purpose.

5. You are solely responsible for your conduct, all activity on your account, and any materials (collectively, "Content") submitted to the Service through your account. You understand and agree that the Getty has no obligation to prescreen, monitor, edit, or remove any Content users post to the Service.

6. We reserve the right to remove Content and/or disable any account that we determine in our sole discretion violates these Terms of Use or the Community Guidelines.

7. We reserve the right to modify or terminate the Service at any time, including modifying these Terms from time to time. You agree that our posting of the current version of the Terms is adequate notification to you and agree to review these Terms periodically. By continuing to use the Service after any change you agree to be bound by such updated Terms.

Intellectual Property

1. You represent and warrant that : (1) you are legally able to agree to be bound by these Terms; (2) you own the Content you post to the Service and/or have the right to grant a license to the Getty as provided by these Terms; (2) the posting of your Content on the Service, and use of your Content as contemplated by these Terms, will not violate the terms of any agreement or breach any duty between you and any third party or violate any copyright or any right to privacy or publicity, or otherwise violate any law or any person’s personal or property rights.

2. You retain ownership of Content you post to the Service. You hereby grant to the Getty a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, worldwide, perpetual license to use the Content that you post on or through the Service, in all media now known and hereafter devised, subject to the Getty’s Privacy Policy.

3. The Service contains content owned or licensed by the Getty (“Getty Content”), which may be protected by copyright, trademark, patent, trade secret, and other laws. As between the Getty and you, the Getty reserves all rights in Getty Content. You will not tamper with any copyright, trademark, service mark or other indicators of proprietary rights that may appear on the Getty Content and except as permitted by the normal functionality of the Service, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise use the Getty Content. The trademarks of the J. Paul Getty Trust, including without limitation the Unshuttered and Getty names and logos, may not be used, in whole or in part, without the prior written permission of the Getty.

The Getty complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). If you believe that any material posted on the Service infringes your copyright, please notify our Designated Agent at the following address:

Stephen W. Clark Vice President, General Counsel & Secretary The J. Paul Getty Trust 1200 Getty Center Drive Los Angeles, California 90049-1681 SWClark@getty.edu

Miscellaneous

1. You agree to indemnify, defend, and hold the Getty harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of or operation of the Service.

2. The Service is controlled and operated by the Getty from Los Angeles, California, and is not intended for or targeted to jurisdictions outside the United States. All matters arising from or relating to your use and operation of the Service will be governed by the laws of the State of California, without regard to its conflict of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Service will be heard and resolved in the courts of Los Angeles, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Service from locations outside the United States, you will be responsible for compliance with all local laws of such other locations.

3. DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED "AS IS." THE GETTY ACCEPTS NO LIABILITY FOR ANY PROBLEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR SOFTWARE, HARDWARE, OR OTHER EQUIPMENT; ANY DELAY IN OPERATION OR TRANSMISSION OF THE SERVICE; ANY COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION; ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER EQUIPMENT; OR ANY TRAFFIC CONGESTION OR FAILURE OF THE INTERNET OR ANY WEB SITE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THE GETTY DOES NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICE IS SECURE OR THAT THE SERVICE WILL NOT BE ACCESSED, INTERCEPTED, ALTERED OR DESTROYED IN WHOLE OR IN PART BY AN UNAUTHORIZED THIRD PARTY; THAT ANY DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION (INCLUDING YOUR PERSONALLY IDENTIFIABLE INFORMATION) DOWNLOADED, RECORDED, TRANSMITTED OR INPUT THROUGH THE SERVICE WILL BE SECURE OR PROTECTED FROM UNAUTHORIZED ACCESS TO, ALTERATION, DELETION, DEFECT OR DESTRUCTION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

4. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL THE GETTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES EVEN IF THE GETTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE GETTY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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