Privacy & Terms
Information Collection and Use
When you order a product from the newmuseumstore.org, we need to know your name, billing and shipping addresses, telephone number, e-mail address, and credit card information to process your order. Your credit card information will be stored temporarily on a secured server and used only as needed to process your transaction.
We use the Personal Information we collect for various purposes, including:
- Processing transactions upon your request
- Improving our Website, customer shopping experience and quality of service
- Sending communications to you about our products, services and promotions
- Enabling our service providers to perform certain activities on our behalf
- Complying with our legal obligations, policies and procedures and for internal administrative and analytical purposes
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the Personal Information we store, such as SSL, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. All transactions of the New Museum Store website are protected by SSL encryption. SSL are cryptographic protocols that provide security for communications over networks.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
You have the opportunity to create a personal shopping account on the New Museum Store website, which allows you to shop faster and easier. Using a user name (your email address) and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize the New Museum to store your name and email address. Should you elect to do so, you may also include in your “Account” your telephone number, birthday month and day, and shipping and billing addresses. If you choose to include such information, then you are also authorizing the New Museum to store such information accordingly. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our Website, we strongly encourage you to log out at the conclusion of your session.
When you create an account with the New Museum Store website, you will be given the option to be added to our newsletter-marketing list. Whether or not you select this option, your personal information will never be sold to anyone and except as specifically provided herein, your personal information will not be shared.
Purchasing through our Store located at 235 Bowery in the Lobby of the New Museum or through our Customer Service Department
If you call or email our Customer Service department, we may ask for information such as your name, email address, mailing address, telephone number, and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through our Store located at 235 Bowery, or with one of our customer service associates, you will be asked to provide your credit card information. The New Museum does not store your credit card information.
Surveys, Sweepstakes and Promotions
On this Website, you may be asked to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number and interests or product preferences. This Personal Information is used to enter into our contests, sweepstakes and promotions. We may use this information to communicate with you about our products, services and promotions. To be removed from any email list pertaining to the store you may email us at email@example.com, or click the unsubscribe link found at the bottom of all emails. Please allow us at least ten business days from when the request was received to process your email address removal.
We may also collect information that your browser sends whenever you visit our websites (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
In addition, we may use third-party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.
We may employ third-party companies and individuals to facilitate our Service, to provide services on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used, and for marketing purposes. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
When using our Service to purchase museum tickets and/or museum memberships, we will only ask you to provide the Personal Information that is necessary to process your purchase (e.g., name, credit card number, credit card billing address, street address, telephone number, email address, etc.). We will not share, distribute, or otherwise disseminate the Personal Information you provide us when purchasing tickets or memberships with any third party, except as provided by law. We store and protect your Personal Information using reasonable, commercially acceptable security procedures and practices including SSL and industry-standard secure servers.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link at the bottom of all of our emails or through instructions provided in any email we send.
When emailing us, please remember that we consider and treat all information (other than Personal Information), ideas, concepts, material, and the like contained in, and/or attached to, your email, as non-confidential and non-proprietary.
Compliance with Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
Links to Other Sites
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Last updated: November 28, 2016
New Museum of Contemporary Art: Acceptance of Terms and Conditions
New Museum Of Contemporary Art (“us,” “we,” or “our”) operates the www.newmuseumstore.org, www.newmuseum.org (the “Service”) in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE NEW MUSEUM STORE WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). NEW MUSEUM MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE NEW MUSEUM WEBSITE NOW AND REFRAIN FROM FURTHER USE.
Protection of Privacy
The names, titles, trademarks, service marks, and logos that appear on the New Museum Store Website are registered and unregistered marks of the New Museum including but not limited to New Museum, New Museum of Contemporary Art, and New Museum Store (“New Museum Store Trademarks”). You may not use the New Museum Trademarks without New Museum’s prior, written permission.
The trademarks of third parties may also appear on the New Museum’s Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the New Museum Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the New Museum Trademarks or may be construed to mean that New Museum has authority to grant any right or license on behalf of any third party trademark owner.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the New Museum Website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. New Museum retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, New Museum. New Museum expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Fair Use is Permitted
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. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from New Museum’s Website for such uses are welcome to do so without New Museum’s express permission.
Commercial Use is Prohibited
Unauthorized downloading, publication or exploitation of New Museum’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission.
Reservation of Rights
All rights not expressly granted by New Museum herein are specifically and completely reserved. Nothing on the New Museum’s Website or in these Terms and Conditions 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 New Museum has authority to grant any right or license on behalf of any third party.
Digital Millennium Copyright Agent
The New Museum respects the intellectual property of others, and asks users of the New Museum Website to do the same. The New Museum may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the New Museum Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to New Museum’s Copyright Agent:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the New Museum Website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Museum’s agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, Office of the General Counsel
New York, New York 10002
Last updated: November 28, 2016
Any communication or material you post, transmit, or distribute to the New Museum Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by New Museum or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, New Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the New Museum Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and Indemnification
By using the New Museum Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold New Museum, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the New Museum Website.
Disclaimer of Warranties
NEW MUSEUM PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. NEW MUSEUM 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 NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. NEW MUSEUM DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. NEW MUSEUM 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. NEW MUSEUM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER NEW MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR 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, AND/OR COMPILATION.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. New Museum’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by New Museum.
Venue and Choice of Law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.