Terms & Conditions of Website Use

These Terms and Conditions ("Terms") govern your use of the website located at vangoghmuseum.nl (the "Website"), which is operated by the Van Gogh Heritage Foundation ("the Foundation," "we," "us," or "our"). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. We recommend that you review these Terms periodically for any updates.

1. Intellectual Property Rights

All content, text, graphics, images, photographs, audio, video, artwork (including digital representations of Van Gogh's art), data compilations, software, and other material ("Content") displayed on or accessible through the Website are the exclusive property of the Van Gogh Heritage Foundation, its licensors, or the respective copyright holders. This Content is protected by Dutch and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Specifically, the name "Van Gogh Museum," the museum logo, and related trademarks are trademarks of the Van Gogh Heritage Foundation. All rights reserved. You are prohibited from using these marks without our prior written permission.

1.1. Limited License for Personal, Non-Commercial Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for your personal, non-commercial, educational, and research purposes only, subject to these Terms. This license does not permit:

1. Reproduction, distribution, modification, public display, or public performance of any Content without explicit written permission from the Foundation or the respective copyright owner.
2. Commercial exploitation of any Content, including selling, licensing, renting, or otherwise using Content for monetary gain.
3. Downloading or systematically storing any significant portion of the Content.
4. Creating derivative works from or otherwise exploiting any of the Content.

Any unauthorized use of the Content may violate copyright laws, trademark laws, privacy and publicity laws, and communication regulations and statutes.

For inquiries regarding specific uses of artworks or content, please contact us directly at licensing@vangoghheritage.nl.

2. User Conduct and Prohibited Activities

As a user of our Website, you agree to use the site in a lawful manner and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable national or international law or regulation.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Foundation or users of the Website, or expose them to liability.
• Use the Website to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Any violation of these provisions may result in termination of your access to the Website and potential legal action.

3. Disclaimers and Limitation of Liability

The information presented on or through the Website is made available solely for general information purposes. While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

3.1. Website "As Is" Basis

The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Foundation does not warrant that the Website will be uninterrupted, secure, or error-free; that defects will be corrected; that the Website or the server that makes it available are free of viruses or other harmful components; or that the results of using the Website will meet your needs or expectations.

3.2. Limitation of Liability

In no event shall the Van Gogh Heritage Foundation, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

4. Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by the Van Gogh Heritage Foundation. The Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

5. Indemnification

You agree to defend, indemnify, and hold harmless the Van Gogh Heritage Foundation and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms; or c) any Content posted by you on or through the Website.

6. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by the competent courts in Amsterdam, the Netherlands.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.

7. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

8. Contact Us

If you have any questions about these Terms, please contact us:

• By email: legal@vangoghheritage.nl
• By visiting this page on our website: Contact Us
• By mail: Van Gogh Heritage Foundation, Vincent van Goghplein 1, 1071 HR Amsterdam, Netherlands

These Terms were last updated on October 26, 2024.