MMP Terms and Conditions of Use

Last Updated: December 2009

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use (“Site Terms”) apply to your use of this Web site (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with the Museum of Modern Photography, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify the Museum of Modern Photography for violations of these Site Terms.

Privacy Policy
The Museum of Modern Photography is committed to protecting your privacy. Please refer to our Privacy Policy below for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
This Site is owned by the Museum of Modern Photography. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“the Museum of Modern Photography Content created by MMP”), is owned by the Museum of Modern Photography, its licensors, or its third-party image partners.

All elements of the Site, including the Museum of Modern Photography Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site
This Site and the Museum of Modern Photography Content are intended for customers/clients/exhibitors of the Museum of Modern Photography. You may not use this Site or the Museum of Modern Photography Content for any purpose not related to your business with the Museum of Modern Photography. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Museum of Modern Photography Content without, or in violation of, a written license or agreement with the Museum of Modern Photography; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Museum of Modern Photography Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any the Museum of Modern Photography product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the Museum of Modern Photography Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, the Museum of Modern Photography has adopted a policy of terminating, in appropriate circumstances and at the Museum of Modern Photography’ sole discretion, account holders who infringe the intellectual property rights of the Museum of Modern Photography or any third party.

Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
the Museum of Modern Photography Legal Department
c/o Andy Shafer
442 Camelback Road
Pleasant Hill, CA 94523
E-mail: copyright@mmpca.org

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.

Trademarks
The Museum of Modern Photography Trademarks, the Museum of Modern Photography logo, and any other product or service name or slogan contained in the Site are trademarks of the Museum of Modern Photography and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Museum of Modern Photography or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “the Museum of Modern Photography” or any other name, trademark or product or service name of the Museum of Modern Photography without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Museum of Modern Photography and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a the Museum of Modern Photography logo or other proprietary graphic of the Museum of Modern Photography to link to this Site without the express written permission of the Museum of Modern Photography. Further, you may not frame any the Museum of Modern Photography trademark, logo or other proprietary information, including the Museum of Modern Photography Content, without the Museum of Modern Photography’ express written consent.

the Museum of Modern Photography makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Museum of Modern Photography and the Museum of Modern Photography is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Museum of Modern Photography provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Museum of Modern Photography of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Museum of Modern Photography shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of the Museum of Modern Photography, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose the Museum of Modern Photography or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. the Museum of Modern Photography takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the Museum of Modern Photography liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, the Museum of Modern Photography is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although the Museum of Modern Photography has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, the Museum of Modern Photography reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that the Museum of Modern Photography may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of the Museum of Modern Photography; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant the Museum of Modern Photography and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Museum of Modern Photography and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify the Museum of Modern Photography immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Financial Disclosures
Forward-Looking Statements. This Site, and any documents issued by the Museum of Modern Photography and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent the Museum of Modern Photography Annual Reports to stockholders, including information contained under the section captioned “Management’s Discussion and Analysis,” as well as other information included under the caption “Risk Factors” and/or in other the Museum of Modern Photography filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. the Museum of Modern Photography undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases.
The information contained within press releases issued by the Museum of Modern Photography should not be deemed accurate or current except as of the date the release was posted. The Museum of Modern Photography has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information.
The Museum of Modern Photography may provide links to third-party Web sites or services that contain financial or investment information about the Museum of Modern Photography. Access to such Web sites and the information contained therein is provided as service to those interested in the information. the Museum of Modern Photography neither regularly monitors nor has control over the content of third parties’ statements or Web sites. Accordingly, the Museum of Modern Photography does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. the Museum of Modern Photography makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

Indemnification
You agree to defend, indemnify and hold harmless the Museum of Modern Photography, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the Museum of Modern Photography Content, or your violation of any rights of another.

Disclaimer
THIS SITE AND THE MUSEUM OF MODERN PHOTOGRAPHY’S CONTENT ARE PROVIDED “AS IS” AND THE MUSEUM OF MODERN PHOTOGRAPHY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MUSEUM OF MODERN PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE MUSEUM OF MODERN PHOTOGRAPHY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE MUSEUM OF MODERN PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE MUSEUM OF MODERN PHOTOGRAPHY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE MUSEUM OF MODERN PHOTOGRAPHY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

The Museum of Modern Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Museum of Modern Photography Content, but we make no representations or warranties as to the Museum of Modern Photography Content’s accuracy, correctness or reliability.

The Museum of Modern Photography offers a search feature within the Site. The Museum of Modern Photography explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. The Museum of Modern Photography also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL THE MUSEUM OF MODERN PHOTOGRAPHY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE MUSEUM OF MODERN PHOTOGRAPHY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE MUSEUM OF MODERN PHOTOGRAPHY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE MUSEUM OF MODERN PHOTOGRAPHY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MUSEUM OF MODERN PHOTOGRAPHY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE MUSEUM OF MODERN PHOTOGRAPHY FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Museum of Modern Photography Content shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate the Museum of Modern Photography’ intellectual property rights, the Museum of Modern Photography may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, the Museum of Modern Photography reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by the Museum of Modern Photography. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms
The Museum of Modern Photography reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our Web sites.

Licensed Imagery
YOU ALSO ACKNOWLEDGE AND AGREE THAT FOR THE LICENSE OR PURCHASE OF LICENSED IMAGES, ENTERTAINMENT, A DIVISION OF ANY LICENSEE ORGANIZATION IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. The Licensee (“NAME”) name and logo and the names and logos of any Licensee teams are the property of the Licensee. (“NAME”) and the member teams of the Licensee.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to the Museum of Modern Photography at director@mmpca.org.

PRIVACY POLICY
The Museum of Modern Photography is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all the Museum of Modern Photography Web sites, unless different terms are specified in a form or contract provided to you online or offline.
By using this site, you understand and agree to the terms of this policy. This site is owned by the Museum of Modern Photography and may be accessed in the United States and abroad. For data protection purposes, the Museum of Modern Photography is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

Collection of Your Personal Information
When you visit this site, certain kinds of information, such as the Web site that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site.

We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your username and password, your name, your mailing address, e-mail address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services.

Demographic information (e.g., your age, hobbies, income, gender, or interests) may also be collected and may be linked to your personal information.

Use of Your Personal Information
The Museum of Modern Photography collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences.

We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may adjust your “Personal Information Preferences” as described below or follow the “unsubscribe” instructions included within each e-mail communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation e-mails and account balance statements).

Personal information collected by the Museum of Modern Photography may be stored and processed in the United States or any other country in which the Museum of Modern Photography or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. the Museum of Modern Photography abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.

Sharing of Your Personal Information
Except as disclosed in this privacy policy, the Museum of Modern Photography does not share your personal information with any outside parties.

We may share your personal information within our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.

We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host Web sites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the “Changes to This Privacy Policy” section below.

We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

If you license copyrighted photographs of any professional organization, or any of their respective affiliates (collectively, the “ORGANIZATION”), your personal information may be shared with that organization, their affiliated entities and business partners, and used for their commercial activities, including marketing. Please see the “Personal Information Preferences” section below for instructions on how you can revoke your consent to have your information shared with any professional organization.

Accessing Your Personal Information
If you would like to review or revise information that you previously provided to us, you may access your information in the “My Account” section of the Web site. Your Account Executive can also assist you in making any changes, as well as in exercising your right to have your personal information deleted. If you need additional assistance, please contact us at director@mmpca.org. You can expect a response from us within 10 calendar days. Please be advised that you cannot change your username without re-registering.

Personal Information Preferences
The Museum of Modern Photography respects your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by: (1) checking or unchecking the appropriate box on your online registration form or the “My Profile” page of the Web site; (2) contacting your Account Executive; or (3) sending an email to the director@mmpca.org.

If you choose not to receive marketing communications, please be advised that you will continue to receive transactional or account communications (e.g., confirmation e-mails and account balance statements).

If you are a licensee of copyrighted photographs of any professional organization and would like to revoke your consent to have your information shared with that organization, you may express that preference by contacting us by sending an e-mail to director@mmpca.org.

Use of Cookies and Other Technologies
The Museum of Modern Photography uses “cookie” to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history.

Cookies offer you many conveniences. They allow us to identify registered users when they return to the site so that they can retrieve previous image search results, access and view their previous invoices. Cookies also save you time by eliminating the need to repeatedly enter the same information.

In some cases, our third-party service providers may use cookies on our sites. We have no access to or control over these cookies. This privacy statement covers the use of cookies by the Museum of Modern Photography only, and does not cover the use of cookies by third parties.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies.

In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our Web sites and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these images to collect personal information.

Security of Your Personal Information
The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Forums & Other Interactive Services
Our Web sites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please e-mail us at director@mmpca.org. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

E-mail Referrals
If you choose to use our e-mail referral services to tell a friend about our products or services (including promotional campaigns, new Web sites, job postings, etc.), MMP will ask you for your friend’s name and e-mail address. We will use that information to send your friend a one-time e-mail inviting him or her to visit the site and review the product or service you have selected. We may use a third-party provider to administer this function, but any such third party provider may only use the information submitted to facilitate this one-time e-mail. Neither the Museum of Modern Photography nor any third-party provider stores this information after the e-mail is sent.

Children
We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.

Links
We may link to Web sites, including those of our third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

Questions
If you have questions or concerns regarding this privacy policy, you should first contact the Museum of Modern Photography (using the Contact Information given above). If you do not receive acknowledgement of your inquiry, or your inquiry has not been satisfactorily addressed, you should then contact the Director of the Museum of Modern Photography listed on the Contact Us page.

Changes to This Privacy Policy
We reserve the right to change the terms of this privacy policy at any time. When we make changes, we will revise the “last updated” date at the top of the policy. If there are material changes to this statement or in how the Museum of Modern Photography will use your personal information, we will notify you by prominently posting a notice of such changes here or on our home page, or by sending you an e-mail. We encourage you to review this policy whenever you visit one of our sites.

Contact Information
You can contact the Museum of Modern Photography by e-mailing director@mmpca.org.

© 1999-2009 the Museum of Modern Photography, Inc. All rights reserved. Privacy Policy.