1. General
These Terms and Conditions form part of the contract between Restless Nites, 2420 Teviot St., 90039 Los Angeles, CA, US (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: Restless Nites, 2420 Teviot St., 90039 Los Angeles, CA, US
The Organizer hereby informs the End Customer that vivenu Inc., 26 Mercer Street, New York, NY 10013, United States (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
Tickets may be transferred at a price not to exceed the face value indicated on the Ticket. Commercial resale of Tickets (such as in the context of ticket brokerage, a lottery or raffle for advertising purposes) is prohibited without the prior written consent of the Organizer or vivenu (on behalf of the Organizer). To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
If Tickets are resold via the Resale Function provided on this website, the following conditions apply:
The Resale Function is only available for Tickets properly acquired from the Organizer via vivenu Services (so-called Secondary Market). The Organizer reserves the right to restrict or exclude the Resale Function for individual events, ticket types and categories, or at specific times, particularly due to contractual requirements from partners (e.g., artists, venues) or official regulations. There is no right to cancel or resell tickets.
By listing a Ticket on the Secondary Market, the selling End Customer ("First Purchaser") bindingly declares their intention to return or sell the ticket to the Organizer at the original ticket price (face value) or at the price specified in accordance with Clause 5.3 ("Secondary Market Price") as soon as another End Customer ("Second Purchaser") acquires the Ticket. In the event of a successful resale, the Organizer transfers the ticket to the Second Purchaser. The ticket originally issued to the First Purchaser is cancelled or invalidated, while a new ticket is created and issued to the Second Purchaser.
The Organizer may specify fixed prices or a price range for the resale of Tickets. Additional fees may apply for the resale.
The Organizer reserves the right to control the sales order of primary Tickets offered directly by the Organizer and Tickets offered via the Resale Function ("Secondary Market Tickets"). In particular, primary Tickets may be sold first before Secondary Market Tickets are offered for sale. If multiple Secondary Market Tickets are available for the same area or category (e.g., in standing blocks), the selection of Secondary Market Tickets for sale will be made based on a non-discriminatory factor determined by the Organizer, which shall include the time of listing on the Secondary Market.
The First Purchaser will be informed about the status of the Ticket offered for resale via email. In particular, the First Purchaser will receive a confirmation email after successfully listing a Ticket on the Secondary Market. The First Purchaser can remove the Ticket from the Secondary Market at any time until the Ticket is in a Second Purchaser's shopping cart. Should a Ticket offered for resale not be sold (e.g., due to the event expiring, cancellation), the First Purchaser will receive a corresponding notification.
After a successful resale, the Organizer will refund or pay the First Purchaser the price of the Secondary Market Ticket less any applicable fees. Payment will be made according to the agreed payment method.
A Ticket acquired via the Secondary Market can be offered for resale again by the Second Purchaser via the Resale Function in accordance with the provisions of this Clause 5.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the Organizer shall be entitled to declare the Ticket to be valid for another Event. In this case, the return of the Ticket, a refund of the total costs or a reversal of the ticket purchase is not permitted, unless participation in the other Event is demonstrably unjustifiable to the End Customer, the discretion of the Organizer or its agents.
In all other cases of significant modification, postponement or cancellation of an Event, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions (for example, compulsory consumer protection laws).
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be the location of vivenu.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, respectively place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
The J. Paul Getty Trust, including the J. Paul Getty Museum, the Getty Research Institute, the Getty Conservation Institute, the Getty Foundation, and Getty Publications (collectively, "Getty"), has created and maintains the Getty websites in order to provide artistic and scholarly information and resources to the public via the Internet. By using the sites and their content you are agreeing to comply with and be bound by the following terms, which Getty may change at any time.
The Getty Websites Are Proprietary to Getty
Other than the open content images identified on the website for unrestricted downloading and the portions of the website expressly made available under a Creative Commons license (both described below), all of the text, images, marks, logomarks, and other content of the Getty websites ("Site Content") are proprietary to Getty or used consistent with the owner's permission or applicable law or regulation. Getty authorizes you to view, download, and print the Site Content subject to the following conditions:
(1) You must adhere to any and all additional terms or restrictions provided within individual sections of the websites relating to particular Site Content;
(2) Unless otherwise restricted, you may only do so for your own personal and noncommercial use, or for fair use as defined in the United States copyright laws;
(3) Using Site Content for commercial purposes is prohibited;
(4) Using Site Content for personal websites is subject to review and approval by Getty provided your site takes no advertising and has no commercial sponsors, does not charge a fee for services, and does not offer any product or service for sale including your own works. Requests for personal website should be sent via email;
(5) You may not remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed in or near the Site Content by Getty;
(6) You may not modify the Site Content; and
(7) Any displays or printouts of the Site Content must be marked “© [insert year of display or printout] J. Paul Getty Trust. All rights reserved.”
All parties downloading, printing, or using the Site Content in any manner represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.
Trademarks
The names, titles, building images, trademarks, service marks, and logos that appear on Getty websites are registered and unregistered marks of Getty, including but not limited to “Getty,” “J. Paul Getty Trust,” “J. Paul Getty Museum,” and the exterior and interior building images of the Getty Center and Getty Villa (collectively, the “Getty Trademarks”). Getty Trademarks may not be used in any way that suggests an actual or implied endorsement of any program, product, or service of a non-Getty entity. The trademarks of third parties may also appear in Site Content from time to time. Nothing contained in Site Content should be construed as granting, expressly or implicitly, by estoppel or otherwise, any right or license to use the Getty Trademarks or any other trademarks displayed in Site Content without the express prior, written permission of Getty or the applicable third party trademark owner.
Getty Publications Virtual Library
Getty Publications Virtual Library provides digital copies of select Getty publications, including many titles that are now out of print. All publications appear as they were originally published, with no changes made to the content or design.
Publications in the Virtual Library are available to individuals for private study, scholarship, and research purposes only; reproduction and distribution, even for non-commercial use, is prohibited. Downloading material for any commercial use is prohibited. Getty owns the copyright for the books; individual images and texts within these publications may also be separately protected by the copyright of their respective creators or other third parties and may require further permissions for use outside the scope of the publications in which they are contained.
Getty makes no warranties or indemnification relating to your use of the digital publications in the Virtual Library. All parties downloading, printing, or using the content from the Virtual Library represent and warrant that their use will be consistent with applicable laws including, without limitation, copyright, privacy, and publicity laws, and that they will not infringe or violate the rights of any other party. All rights not granted by Getty are specifically reserved. Getty reserves the right to withdraw any title from the Virtual Library and to discontinue this program in its entirety.
For permission to use materials in the Virtual Library in ways not covered here, please email us(opens in a new tab). For all other questions about Getty Publications and the Virtual Library(opens in a new tab), please send us an email(opens in a new tab).
Creative Commons
Some pages and portions of this website are expressly licensed under a Creative Commons(opens in a new tab) (“CC”) license. Each such page or portion will be clearly marked with the specific type of CC license that applies, including a link to the text of the license. You are free to make use of these pages and portions under the terms of the applicable CC license. Read the terms of the applicable license carefully and note that individual elements of a page or portion (for example, an image from a third party) may be excluded from the CC license. Excluded items will be clearly identified.
Open Content Program
Many high-resolution digital images to which Getty holds the rights, or which depict works in the public domain, are available for free download under CC0(opens in a new tab) through Getty’s Open Content Program(opens in a new tab). No permission from Getty is required. You may use these images for any purpose under the following terms:
1) You may not use the images in any way that suggests or implies that Getty endorses, approves of, or participated in your project, or in any way that might create confusion about the source of your project.
2) To identify the source of the image in a way that minimizes risk of confusion, we ask, but do not require, that you credit Getty as follows: Digital image courtesy of Getty’s Open Content Program.
3) Some images may include people or objects for which a third party may claim rights such as trademark, copyright, privacy, or publicity rights. Getty does not warrant that all Open Content images are free from rights claimed by third parties. As the user, it is your responsibility to obtain any third-party permissions that may be required for your use. Getty assumes no liability for your use of these images.
For more information on discovering unrestricted, high-resolution digital images available for download, see our Open Content Program FAQs(opens in a new tab).
Permissions and Requests for Images and Other Site Content
Except as expressly permitted above, reproduction or redistribution of the Site Content or any portion of the Site Content is strictly prohibited without Getty's prior written permission.
To request permission to use or reproduce images of objects from the J. Paul Getty Museum's collections, please Contact Museum Rights & Reproductions(opens in a new tab).
To request images and/or permission to publish or quote from the Getty Research Institute's collection, please Contact Library Rights & Reproductions(opens in a new tab).
To request permission to use or reproduce images of Getty Center or Getty Villa architecture and gardens, please contact the Communications Department at (310) 440-7360 or via email(opens in a new tab).
Professional journalists interested in obtaining any portion of the Site Content for publication, please contact the Communications Department at (310) 440-7360 or via email(opens in a new tab).
Getty does not distribute or permit reproduction of website text, video, or non-collection images except as expressly permitted above.
J. Paul Getty Museum Collection Online and Copyright
Records and images found in the Museum Collection(opens in a new tab) are published from the Museum's collection database. Updates and additions stemming from research and imaging activities are ongoing and published online regularly. All text in the collection records is licensed under a Creative Commons Attribution 4.0. International (CC-BY) License(opens in a new tab), unless otherwise noted. Images and other media are not covered by the CC-BY license. Digital images of Getty-owned artworks in the public domain are available for free download under CC0(opens in a new tab) through Getty's Open Content Program(opens in a new tab), as described above.
The Museum does not hold the copyright to many of the works in its collection, and respects the intellectual property rights held by artists, their estates, and other rights holders. Every effort has been made to accurately determine the rights status of works and their images. The Museum utilizes standardized rights statements developed by RightsStatements.org(opens in a new tab) to communicate the copyright status of its collection images. In addition, for copyrighted works with a known rights holder, a copyright notice is displayed under any available images and as part of the record for the artwork. Sometimes the rights holder for a work cannot be identified or located despite a good-faith diligent search conducted by the Museum. Such "orphan works" are labeled as "Status undetermined" as part of the record for the artwork. For some artworks, copyright research is still incomplete. These works are labeled as "Status unknown, research required." Please send an email to Museum Rights and Reproductions if you have information on the rights status of a work that is contrary or in addition to the information in our records.
Images may be unavailable for a work of art due to contractual reasons, copyright and privacy/publicity restrictions, or because a work has not yet been photographed or is too fragile to be photographed. For records with images, a combination of copyright status and available image quality determines the final image display size on the collection website. The Museum publishes thumbnail-size images of copyrighted works for which it does not have a license to reproduce under fair use. All available images include embedded metadata, accessible under file properties or file information.
Blog/s
The Getty websites sometimes provide blog/s for the exchange of ideas and information.
By posting comments to a Getty blog you agree to avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party's rights, including privacy, copyright, trademark, or patent. We reserve the right to delete comments and links we find to be inappropriate or offensive or not related to the topic, including, without limitation, links to commercial and political websites. We will review comments prior to posting, but we will not correct spelling, grammar, or factual errors although we may comment on them. We hope you share your thoughts with us. Please note: We may discontinue our blogs at any time. We do not have the ability to remove comments upon your request. By submitting comments, you acknowledge that they will be posted on the World Wide Web. You agree we have the right to quote from your comments in all media now known and hereinafter devised.
By posting or distributing information or material through the blog/s, you expressly abandon any proprietary rights you may have in your comments, and such information or material may be freely copied and distributed by others without your permission. You are responsible for obtaining permission from any third party owner of proprietary material, such as a copyrighted story or a news article written by another person, before you post or distribute such material. Getty requires you to obtain all necessary permissions before posting or distributing any content on the blog/s.
Getty does not warrant that use of the materials displayed in the blog/s will not infringe the rights of third parties not owned by or licensed to Getty. For example, some works may be under copyright by the artist or the artist's heirs holding rights to these works. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.
Phone Audio Tours
As part of the phone audio tours, Getty may invite people to leave comments. Please know that your comments will be reviewed by Getty staff and may be reproduced by Getty in all media now known or hereinafter devised. If you do not want your comment used, please state that clearly after the prompt.
Unrestricted Forum/s
The Getty websites sometimes provide unrestricted forum/s for the exchange of ideas and information by participants. Getty does not edit or control the information or materials posted to or distributed through these Forums ("Talk Content"). Getty is not in any way responsible or liable for Talk Content, and claims no proprietary rights of any kind arising from the posting or distribution of material through these Forums. All other terms of use applying to Blog/s apply equally to the Forum/s.
Links to Third Party Websites Are Not Endorsements
Some Getty websites contain links to third party websites. The linked sites are not under the control of Getty, and Getty is not responsible for the contents of any linked site. Getty provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Getty.
Warranty Disclaimer and Limitation of Liability
Getty makes no representation of any kind regarding the Site Content or any portion thereof. All Site Content is provided in "AS IS" condition, and Getty expressly disclaims any and all warranties of merchantability or fitness for a particular use.
Digital Millennium Copyright Act Compliance
Getty complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. Section 512). If you have any complaints or objections to material posted on the Getty websites please contact our Designated Agent at the following address:
Stephen W. Clark
Vice President
General Counsel & Secretary
J. Paul Getty Trust
1200 Getty Center Drive
Los Angeles, California 90049-1681
SWClark@getty.edu(opens in a new tab)
Applicable Law and Jurisdiction
The Getty websites (excluding links to websites operated by others) are controlled and operated by Getty from its offices in and around Los Angeles, California. Although Getty has made no effort to publish the Getty sites elsewhere, they are accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you and Getty both benefit from establishing a predictable legal environment in which to publish, access and use the Getty websites, by publishing, accessing, and/or using the Getty websites you agree that all matters arising from or relating to the use and operation of the Getty websites 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 Getty websites 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 Getty websites from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.
Indemnity
You agree to indemnify, defend, and hold 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 Getty websites.
Linking to Us
We thank you for your interest in linking to our site. Getty grants users permission to link to particular pages or sections of its website (deep linking) by using the actual webpage address or some other word or phrase; the Getty logo may not be used for this purpose. Please be advised that Getty does not guarantee that this will remain a persistent link over time.
Wireless Internet at the Getty: Acceptable Use Policy
Free, wireless internet (“Wireless Internet”) access is available at the Getty Center and Getty Villa for our visitors.
This is the Acceptable Use Policy that governs your use of this access. You will need to scroll down within this box to see the complete policy. Please review this policy and acknowledge your agreement by clicking the “Accept” button. If you do not agree to the Acceptable Use Policy, you will not be allowed Wireless Internet access.
Compliance with Laws: All Wireless Internet users must comply with copyright laws and other applicable laws. Accessing, copying, or distributing copyright-protected content without the express permission of the rights holder or except as permitted by fair use under U.S. Copyright law is strictly prohibited. Users are responsible for any consequences of copyright infringement. Accessing, viewing, or showing illegal content to others and use of the Wireless Internet to harass others are strictly prohibited. Some content on the Internet, especially visual images, may be offensive to others even though it is not illegal, obscene, or pornographic content. Getty requires that all users be sensitive to the display of material that might be offensive to others in the area, and users agree to use the Wireless Internet service responsibly. Users agree not to launch network attacks of any kind, knowingly transmit malicious software of any kind, or engage in any such activity with malicious intent.
Use of the Wireless Internet by Minors: Getty Wireless Internet access is available to visitors of all ages and is unfiltered; parents or guardians of children under 18 years of age are responsible for supervising and guaranteeing their child’s proper and safe use of the Internet.
Availability: Wireless Internet at Getty is generally available in open spaces and other designated locations. Please be aware there may be “dead spots” where wireless reception is not available. If you have trouble accessing the Internet or staying online, please try moving to another location.
The Wireless Internet is NOT Secure: Information sent to and from your computer or wireless device may be captured by others with a wireless device and the appropriate software.
Equipment: Getty assumes no responsibility for the safety of equipment or for computer configurations, security, or data files resulting from connection to the Wireless Internet. Getty staff will not provide technical support.
Use of Headphones: If your computer or wireless device is equipped with sound and you are using this feature, you must provide and use your own headphones.
Bandwidth and System Resources: System resources for the Wireless Internet at Getty are shared resources, and Getty reserves the right to limit the bandwidth and other such resources to the extent use affects other people’s ability to use these same resources, or for any other reason in its sole discretion.
Monitoring: Getty has no obligation to monitor, track, record, store, or disclose your use of the Wireless Internet, including, without limitation, the URLs of the websites you visit and the data you enter, transmit, or receive, but Getty may do so (i) to comply with legal or regulatory requirements or to assist in law enforcement investigations and procedures; (ii) to operate the Services properly; (iii) to ensure compliance with the terms and conditions herein; or (iv) based on a good-faith belief that such monitoring, tracking, recording, storing, or disclosure is otherwise necessary or advisable including, without limitation, if there is reason to believe that such information is necessary to identify, contact, or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
DISCLAIMER OF WARRANTIES: THE WIRELESS INTERNET AT THE GETTY IS PROVIDED “AS IS.” 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 ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER EQUIPMENT; OR ANY TRAFFIC CONGESTION OR FAILURE OF THE INTERNET OR ANY WEBSITE. 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. 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 ANY WIRELESS OR WIRED CONNECTION 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.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL 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 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 GETTY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Right to Terminate Use of the Wireless Internet at Getty: Getty reserves the rights to terminate Wireless Internet service at any time in its sole and absolute discretion.
Right to Revise Acceptable Use Policy: Getty reserves the right, in its sole discretion, to update or revise this policy from time to time.
