Last revised: December, 2019
Tel Aviv Museum of Art (“the “Museum”) welcomes you (the “User”, or “You”) on your visit to our website and mobile application (the “Website” or “App”).
By accepting the Terms, You declare that you will make use of the Website or App, only for its’ purpose and according to the applicable law.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MUSEUM’S WEBSITE OR DO NOT USE THE APP.
The Website / App
The Museum is the owner of a web and mobile platforms which will provide users updated information for upcoming exhibitions and events, taking users to guided tours through some of the Museum’s events, allow users with accessibility issues to experience art through visual and audio aids, sell online merchandising and tickets to events and exhibitions, provide art related content and general information about the Museum and its services.
The Website or App may use, in order to allow users its services, third parties’ platforms to provide storage and processing solutions.
The Museum will act lawfully according to Data Protection legislation, including the EU legislation (“GDPR”) with regard to the Website or App, which applies on Data Processors. The Museum is not responsible to determine the legal requirements and the law which apply on User’s activity with the Website or App.
YOU SHOULD NOT USE THE WEBSITE OR APP IN CONJUNCTION WITH THE PERSONAL DATA IF SUCH USE BREACHS DATA PROTECTION LAWS.
In order to use some of the features of the Website or App , You may need to register using your email address. All network communication is secured using SSL technology.
During the connectivity to the Website or App, it may collect information which User provided while and for the use of the Website or App.
You must provide a valid email address for creating User’s account and You undertake not to misrepresent User’s identity or any of the account’s information.
All actions which are taken by User while using the Website or App are regarded as User’s Authorized Actions. If User becomes aware that an account was compromised or breached, User should contact the Museum immediately on email@example.com
User Representations and Undertakings
User undertakes to use the Website or App according to the law and to the Terms. User may not use the Website or App, or any of the features, or the Terms, breaches, contradicts, violates any applicable legislation or third party’s rights.
User understand that the Museum may provide the Website or App and the features provided within, also by using sub-contractors and third parties services and platforms which the Museum has no control over, and the Museum relies on those sub-contractors and third parties contractual undertakings.
The Museum, at its own discretion, may enforce restrictions on any of the following listed actions and manipulations on User’s activity with the Website or App:
Such restrictions may result a pause or a termination of the User’s access to the Museum’s on-line services such as the Website or App, and may be also reported as required by law.
The Museum respects your privacy and is committed to protect the personal information Users share, send, post, upload, store and process while using the Website or.
The Museum will respond to User within reasonable time, if Museum may cure the breach or contradiction for the User, or else, that the Website or App cannot be provided or used by User.
User is the sole controller of the data, including personal data, used while using the Website or App.
Intellectual Property Rights
The Website or App , the Content, the design, logos, graphics, images, as well as the selection, assembly and arrangement, the Museum’s proprietary software, algorithms and all intellectual property rights pertaining thereto, including inventions, patents and patent applications, trademarks, trade names, copyrightable materials, (including the “look and feel” of the Website or App and part of it), specifications, methods, processes, algorithms, data, technical information materials, technology, interactive features, source code and objects, files, interfaces, interface graphics and trade secrets, whether or not registered or registrable (collectively: “Intellectual Property”) are owned by the Museum, or licensed to the Museum.
You may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to, commercial use, sell, rent, lend, process, connect, combine with other software, translate, modify, or create derivative works of any material that is subject to the Museum’s proprietary rights, including the Museum’s intellectual property, in any way or by any mean.
All logos and other proprietary identifiers used by the Museum in connection with the Website or App are all trademarks and/or trade names of the Museum, whether or not registered.
All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Website or App, belong to their respective owners (“Third Party Marks”).
No right, license, or interest to the Museum’s Trademarks and/or to the Third-Party Marks is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to the Museum’s Trademarks or the Third Party Marks and therefore You will not use any of those marks, unless the Museum approved in writing such use.
You cannot remove or delete any copyright notices, restrictions and signs indicating proprietary rights of the Museum and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Website or App, and User represents and warrants that it will abide all applicable laws in this respect.
User is prohibited from using, diluting or staining any name, mark, logo and copyrighted work (“Intellectual Property Rights”) that is identical or confusingly similar to any of the Museum’s Intellectual Property Rights.
Some features and services which are provided in the Website or App , requires the User to be over (18) years old. Such services and features may include on-line shopping, ticketing service which may be carried out by the Museum or by a third party service, and any other service or feature which may require age verification process.
The Museum reserves the right to require from You at any stage to provide proof of age, and, if applicable, approval of your use of the Website or App by your legal guardian, so that the Museum can verify that only eligible Users are using the Website or App legally.
Third Party Services
The Website or App may be linked, supported or stored on certain third-party platforms and other third-party services (collectively: “Third Party Services”). Such Third-Party Services are independent from the Website or App.
User acknowledges that the Museum has no control over such Third-Party Services, and further acknowledges and agrees that the Museum is not responsible for the availability of Third Party Services, and the Museum is not liable for any goods, services, content, advertisements, products, or any other materials which may become available on and/or through such Third-Party Services.
User further acknowledges and agrees that the Museum shall not be liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services.
Third Party Components
The Website or App may implement, or include third party’s manufactured software, files and components that are subject to open source and third-party license agreements (“Third Party Components”).
Your right to use such Third-Party Components as part of, or in connection with the Website or App, is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components.
These Terms do not apply to any Third-Party Components accompanying or contained in the Website or App and the Museum disclaims all liability related thereto.
You acknowledge that the Museum is not the author, owner or licensor of any Third-Party Components and that the Museum makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Website or App or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
Since User may download the App or gain access to the Website from a third party’s platform, service provider or distributor (e.g. App Store or Google Play Store), (“Platform Provider”) your use of the Website or App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). In such case, Usage Rules may apply and it is User’s responsibility to determine what other Usage Rules are applicable to your use of the Website or App.
You undertake to comply with all the applicable Platform Provider’s Usage Rules. The terms of the Usage Rules may prevail over any other Terms. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the Website or App.
In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you may notify the relevant Platform Provider, and Platform Provider may as the sole remedy of the Platform Provider (if it chooses or obligated by law to do so) refund the purchase price, if any, for the App to You to the maximum extent permitted by applicable law. The Platform Provider may have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to the Museum as the provider of the Website or App.
You acknowledge that Platform Provider may not be responsible for addressing any claims by You or any third party, relating to your possession and/or use of the Website or App, including, but not limited to: (i) product liability and intellectual property claims; (ii) any claim that the Website or App allegedly fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to the Museum as provider of the Website or App.
You acknowledge and agree that if you downloaded the App from a Platform Provider, and its subsidiaries, these are third party beneficiaries of these Terms, and that, upon your acceptance of the Terms, the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
The Website’s availability or App’s availability and functionality depend on various factors, such as communication networks software, hardware, and the Museum’s service providers and sub-contractors.
The Museum does not warrant or guarantee that the Website or App will operate and/or will be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
Changes to the App or Website
The Museum reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Website or App (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion.
User hereby acknowledges that the Content of the Website or App may be changed or removed at any time without any notice to You.
You agree that the Museum shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website or App or the Content included thereof.
Disclaimer and Warranties
THE MUSEUM DOES NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE, AND OPERATE, OR THE RESULTS OF THE USE OF THE WEBSITE OR APP BY USER.
THE WEBSITE OR APP (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED,
THE MJUSEUM AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT ENTITIES, SUBSIDIARIES AND OTHER RELATED ORGANIZATIONS (COLLECTIVELY, “THE MUSEUM’S AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH ANY USER’S USE OF THE WEBSITE OR APP.
THE MUSEUM DOES NOT WARRANT THAT THE APP WILL BE, AT ALL TIMES, FULLY OPRATIONAL, SECURED, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS AND PROGRAM LIMITATIONS.
THE MUSEUM MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER REQUIRED CHANGES TO THE WEBSITE OR APP AT ANY TIME, DISCONTINUE THE DISPLAY, PROVIDING ANY CONTENT OR FEATURES, WITHOUT ANY PRIOR NOTICE.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE OR APP, INCLUDING USE OF OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE OR APP, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL THE MUSEUM AND/OR ANY OF ITS’ AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE WEBSITE OR APP, THEIR USE OR INABILITY TO USE THEM, FAILURE OF THE WEBSITE OR APP TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH JURISDICTION.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE.
NOTHING IN THESE TERMS SHALL LIMIT THE MUSEUM’S LIABILITY TO USER FOR FRAUDULENT MISREPRESNTATION OR FOR ANY OTHER LIABILITY THAT, BY LAW, MAY NOT BE LIMITED OR EXCLUDED.
You agree to defend, indemnify and hold harmless the Museum from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly as a result of the use of the Website or App (or any part thereof) or a breach of these Terms by You, including Third Parties’ Intellectual Property rights, Privacy rights and applicable legislation.
Amendment to Terms
Substantial changes of these Terms will be first notified on the Museum’s App or Website. Such substantial changes will take effect seven (7) days after such notice was provided, otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and User’s continued use of the App or Website after the Last Revised date will constitute acceptance of, and agreement to be bound by those changes.
In the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
Termination of Service
At any time, the Museum may block User’s access to some, or all, of the Website or App features, temporarily or permanently, for any reason, at the Museum’s sole discretion, in addition to any other remedies that may be available to the Museum under any applicable law. Such actions by the Museum may be taken if the Museum deems that a User or You, have breached these Terms in any manner.
The Museum may, at any time, at its sole discretion, cease the operation of the Website or App or or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Museum does not assume any responsibility with respect to, or in connection with the termination of the App or Website’s operation and loss of any data or Content.
Any claim relating to the App or Website will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of, or related to your use of the Website or App will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel-Aviv, Israel.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
Notices to You may be made via email which User provided upon registration or via the Website or App. The App or Website may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices.
Without limitation, You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Misconduct and Copyright Agent Policy
If User experienced while using the App an offensive, violent or sexually inappropriate behavior or content, please report immediately such incident to the appropriate authorities and to the Museum Promptly.
The Museum enforces a zero-tolerance policy to objectionable content or abusive users.
In the event that Museum receives a notice regarding copyright infringement related to User, it may cancel any User’s account or access to the Website or App, remove any Content in its sole discretion, with or without prior notice.
Third Parties Platforms used for the Website or App
(updated December 2019)
- Google Cloud
- Windows Azure
- Espro Acoustiguide Group
Any inquiries or clarifications concerning the Terms, or the Website or App, can be sent to the Museum by email to the following address:
The Museum will make an effort to reply to such notice within a reasonable