Terms & Conditions

These Terms and Conditions (“Terms”) set forth the terms and conditions of your use of the Modigliani Initiative online platform located at https://www.modigliani-initiative.org/ (the “Site”) and its related features, including the Modigliani Initiative’s online catalogue of certain works attributed to Amedeo Modigliani (“Amedeo Modigliani Digital Catalogue”), available at https://www.modigliani-initiative.org/catalogue (the “Catalogue”). The Site and the Catalogue are referred to collectively in these Terms as the “Platform.” The Catalogue is a research and informational resource and is not a catalogue raisonné.

Please read these Terms carefully.  By accessing and using the Platform, you agree to be bound by and comply with the Terms.  If you do not agree to these Terms, you may not access the Platform or use any of the information or Content (as defined below) therein.

Your use of the Platform is also subject to the Modigliani Initiative’s Privacy Policy, which can be accessed here.

Reliance on Information Posted

The Content (as defined below) presented on or through the Platform is made available solely for general information purposes. We do not make any representation or warranty as to the accuracy, completeness, or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON THE CONTENT BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Platform may include content provided by third parties. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the Content provided by the Modigliani Initiative, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Modigliani Initiative. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

The conclusions and statements we provide in the Platform constitute opinions we have formulated based upon our examination of the materials and information known to us at the time and are not intended as assertions of fact. Our opinion as to any work or matter may change by reason of information that is subsequently discovered or circumstances that may subsequently arise.

The Platform is subject to change. The Modigliani Initiative has endeavored to make the Platform as accurate and complete as reasonably possible as of the time of online publication. As new information and images emerge regarding works associated with Amedeo Modigliani, the Modigliani Initiative may, in its discretion, update the Platform.

Inclusions in the Catalogue (or Lack Thereof)

The Modigliani Initiative does not authenticate artworks, and the inclusion of a work in the Catalogue does not constitute (and should not be relied upon as) a warranty or guarantee of that work’s authenticity, attribution, provenance, condition, exhibition history, or literature. Likewise, the absence of a work from the Catalogue does not necessarily mean that such work is not by Amedeo Modigliani. The Database is not a catalogue raisonné and should not be treated as one. The editorial decisions regarding Content reflects only the Modigliani Intiative’s current opinions.

Copyright & Trademark

The names, logos, and other marks displayed on the Platform may be trademarks or service marks of the Modigliani Initiative or their respective owners. Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without the prior written permission of the Modigliani Initiative or the applicable rights holder.

Much of the content featured or displayed on the Platform, including, but not limited to, images of works of art, text, photographs, data, and other materials, as well as the selection and arrangement of materials on the Platform (collectively, “Content”), is protected by copyright and other intellectual property laws. Except to the extent expressly indicated (if at all) with respect to a particular item of Content, the Modigliani Initiative does not claim ownership of the copyrights in images reproduced on the Platform. Images are displayed with the permission of the applicable rights holders and/or as otherwise authorized under applicable law. No license or other rights are granted to you with respect to any images on the Platform, except as expressly set forth in these Terms or pursuant to a separate written permission from the applicable rights holder(s).

Except as expressly set forth in these Terms, nothing contained on the Platform shall be construed as conferring any license or right to any copyright or trademark used on this Platform.

Permitted Uses

Provided that you comply with these Terms, the Modigliani Initiative grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable, non-sublicensable license to use the Platform solely for your personal, non-commercial, educational, and research purposes. For clarity, this license does not grant any right to copy, download, reproduce, or redistribute images of works of art except where explicitly stated for a particular item of Content or with the applicable rights holder’s permission. You may not make any other use of the Platform or any of the Content without prior written permission from the Modigliani Initiative or the entity(ies) or individual(s) the Modigliani Initiative designates for purposes of granting or withholding the relevant permission(s). To request such permission, please contact info@modigliani-initiative.org.

The images, text, and source material in the Platform may be protected by third-party copyright or trademark.  No license is granted to you under any such third-party rights.

Prohibited Uses

Notwithstanding the foregoing, you may not (i) download, or attempt to download, any reproduction or image of any work of art, (ii) remove or alter any copyright, trademark, or other proprietary notices from any of the Content or (iii) modify, translate, decompile, create derivative work(s) of, copy, distribute, or otherwise use in any manner not expressly permitted herein, the Platform.  Specifically, and by way of illustration and not limitation, you may not separate any graphics, photographs, or other elements from the accompanying text or material in the Platform without the prior express written permission of the Modigliani Initiative and/or the applicable rights holder(s). 

You may not use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

You may not use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, extract, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.  

No Content accessed from the Platform may be used to train artificial intelligence models or tools or otherwise for generating output or other content using artificial intelligence technologies, or to permit others to do the same.  

You further agree that you will not:

  1. Interfere with the proper functioning of the Platform;

  2. Attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server used by the Modigliani Initiative, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means; or

  3. Probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. 

Registered Users

To access the Catalogue, you must be 18 years old or older, create an account using a valid email address, and register to become a registered user (“Registered User”). You are responsible for all activity under your Registered User account. You agree to provide accurate, current and complete information at all times, and to update it in a timely manner. You may not transfer or otherwise do anything to give another person access to your Registered User account. You must notify us immediately at info@modigliani-initiative.org if you become aware that anyone has gained unauthorized access to your Registered User account. You represent and warrant that all information you provide as a Registered User is accurate and complete.

We reserve the right, in our sole discretion, to suspend or terminate your registered access at any time if you have not complied with the Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect you are using or attempting to use the Catalogue in any way that violates these Terms or any applicable laws or regulations.

Third-Party Content and Links to Third-Party Websites 

The Platform may contain content of, or links to websites controlled by, third parties (“Third-Party Websites”).  We are not responsible for Third-Party Websites or their content, activities, or privacy practices.  Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices.  The inclusion of third-party content or links to Third-Party Websites on our Platform does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity.  We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Platform, you do so entirely at your own risk.

Frames; Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates the Modigliani Initiative’s name, logos, or other marks, marks confusingly similar to our marks, or our name.

Links to the Platform

You may link to the Platform’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You agree to cooperate with us to cease immediately any prohibited framing or linking. We reserve the right to withdraw linking permission without notice. We have not reviewed all of the sites linked to the Platform and we are not responsible for the content of any off-site pages or other sites linked to the Platform. Linking to any off-site pages or other sites is at your own risk.

Additional Disclaimers

THE PLATFORM, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE PLATFORM OR ANY CONTENT AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN CONTENT AVAILABLE ON THE PLATFORM. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT AVAILABLE ON THE PLATFORM OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM AND IN ITS CONTENT. IF YOU RELY ON THE PLATFORM AND ANY CONTENT AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE MODIGLIANI INITIATIVE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PLATFORM AND ANY CONTENT OR INFORMATION THAT IS AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH THE MODIGLIANI INITIATIVE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE PLATFORM, THE MODIGLIANI INITIATIVE DOES NOT GUARANTEE OR WARRANT THAT THE PLATFORM, OR CONTENT THAT MAY BE AVAILABLE THROUGH IT, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. THE MODIGLIANI INITIATIVE IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

THE MODIGLIANI INITIATIVE AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, VOLUNTEERS, AND ADVISORS, WHETHER IN SUCH CAPACITIES OR INDIVIDUALLY, AND THE HEIRS, SUCCESSORS, AND ASSIGNS OF EACH OF THEM (TOGETHER, THE “COVERED PARTIES”) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE PLATFORM OR ANY CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL THE MODIGLIANI INITIATIVE OR THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE MODIGLIANI INITIATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE PLATFORM OR CONTENT IS LIMITED TO $0. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless the Modigliani Initiative and the Covered Parties from and against all demands, loss, liability, claims, or expenses (including attorneys’ fees) made against the Modigliani Initiative and/or the Covered Parties arising out of your use of the Platform, its Content, or violation of these Terms.

Infringing Material

The Modigliani Initiative respects the intellectual property of others and expects users to do the same. As to allegedly infringing copyrighted works, we comply with the take down and counter notification provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C.A. § 512, as set forth below.

We reserve the right to remove or disable access to any Content claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate users of the Platform who are repeat infringers.

If you believe that Content has been used in a way that constitutes copyright infringement, please provide our designated agent, whose contact information is listed below, with a written notice containing all of the following information (“DMCA Notice”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Platform (such as the URL to each page on the Platform containing allegedly infringing material);

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

  • a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent designated to receive DMCA Notices may be contacted as follows:

info@modigliani-initiative.org

Changes to the Terms

The Modigliani Initiative may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. Your continued use of the Platform after we post updated Terms means that you accept and agree to such Terms. We recommend checking back on this web page regularly if you use the Platform.

Termination

We reserve the right to terminate the Platform, these Terms, and any Content, and your access to the Platform and/or the Content, at any time without notice, for any reason. The “Reliance on Information Posted,” “Copyright & Trademark,” “Permitted Uses,” “Prohibited Uses,” “Inclusions in the Catalogue (or Lack Thereof),” “Additional Disclaimers,” “Limitation of Liability,” “Indemnification,” “Infringing Material,” and “Governing Law” sections of these Terms (along with this provision and any other provision that by its terms contemplates survival) survive any termination of these Terms.

Governing Law

These Terms are the complete agreement between you and the Modigliani Initiative regarding your use of the Platform and are governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in the Borough of Manhattan in the City of New York or, only if such court does not have subject-matter jurisdiction, the Supreme Court of the State of New York, New York County.

You irrevocably agree to bring any claim or dispute relating to your use of the Platform and these Terms exclusively in the state and federal courts located in New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  

Other

Section titles and headings are for convenience only and have no legal or contractual effect. The failure of the Modigliani Initiative to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions of these Terms will be enforceable to the fullest extent permitted by law.

Questions

Please email info@modigliani-initiative.org with any questions you may have about these Terms.