These General Conditions of Use (“CGU”) apply to every user (the “User”) of the website provided at the address https://collections.mnaha.lu (the “Site”).

The Site is provided by the National Museum of History and Art (the “MNAHA”), a Luxembourg cultural institute operating under the control of the Minister of Culture, located at Place du Marché-aux-Poissons, 2345 Luxembourg. Its aim is to help publicise the collections of the MNAHA, in accordance with its statutory remit, encouraging the provision and reuse of data in an open-data approach.

Anyone making use of the information, documents, products, software and range of services (collectively the “Services”) offered by this Site is considered to have read and accepted all of the terms and designations contained in these GCU.

1 | Purpose of the Site

1.1 The purpose of the Site is to allow Users to view works and objects from the collections of the MNAHA online, as well as the information pertaining to these, and, insofar as possible, to reuse the images and information published on the Site to the greatest possible extent while observing the copyrights applicable in Luxembourg.

1.2 The images, texts and information published on the Site may, depending on the case, be freely exploited or only exploited with prior consent or with certain restrictions.

1.3 Each work or object (the “Object”) published on the Site is accompanied by purely factual information on the Object, such as the identity of its creator, the date of its creation, the material used, etc. (the “Metadata”). Some Objects are also accompanied by a more comprehensive contextual, textual, biographical or bibliographical description (the “Description”).

1.4 The Site provides information on the conditions of utilisation and exploitation applicable to each Object published there, to photographic reproductions (“Image”) of the Object and to the Metadata and Description associated with it, using the following designations:

1.4.1 “Public Domain”: Based on the criteria applied by the MNAHA, the Object, the Image, or the Metadata are to be considered as belonging to the public domain, i.e. they are not eligible for protection or are no longer protected by copyright in Luxembourg. The User may therefore copy, modify, distribute and represent the Object, the Image or the Metadata, even for commercial purposes, without needing to seek prior consent;

1.4.2 “In Copyright”: Based on the criteria applied by the MNAHA, the Object, the Image, the Description and/or the Metadata are to be considered as being protected by copyright in Luxembourg. As a result, any reproduction or representation of the Object, the Image, the Description or the Metadata by the User is in principle subject to the prior consent of the creator or rights holder, except if the User is covered by an exception in copyright law. For example, the User may in any case make a copy for their private and personal use. Insofar as possible, if the author is a member of a collective management association such as ADAGP (Société des auteurs dans les arts graphiques et plastiques, association for creators in the graphic and plastic arts), this will be indicated on the Site;

1.4.3 “CC0”: Although the Object, the Image or the Metadata are still protected by copyright, their creators or rights holders have agreed that they may be distributed under a Creative Commons CC0 1.0 licence. The User may therefore copy, modify, distribute and represent the Object, the Image or the Metadata without needing to seek prior consent. In doing so, they accept the conditions of the CC0 1.0 licence.

1.4.4 “CC-BY”: The creators or rights holders of the Object, the Image or the Metadata have agreed that they may be distributed under a Creative Commons CC BY 4.0 licence. The User may therefore copy, distribute and communicate the Object, the Image or the Metadata via all means and in all formats, adapt, remix and transform them, and use them as a basis for new creations, for any purpose including commercial purposes, provided that they respect the conditions of the CC BY 4.0 licence.

The User must, in particular, credit the creator of the Object, the Image or the Metadata, include a link to the licence and indicate whether modifications have been made. They must not apply any additional legal restrictions or technical measures which would limit reuse by third parties under the terms of this licence.

1.5 The classification “Public Domain” or “In Copyright” is determined at the discretion of the MNAHA and does not in any circumstances constitute a commitment or guarantee to the User; the User must exercise due diligence before deciding to reuse the elements provided on the Site in any way.

1.6 In view of the Site’s aim to enable widespread use of the MNAHA’s collections and the information which it has compiled, the Images are generally available to download in high resolution. By way of exception, the MNAHA implements the necessary restrictive measures to limit commercial exploitation of the Objects, Images or Metadata designated “In Copyright” which are available via the Site, in particular measures to prevent these from being downloaded in high resolution.

1.7 The User understands and accepts that the Objects, Images or Metadata may be subject to restrictions beyond the control of the MNAHA, which limit the conditions of reuse.

1.8 In particular, the Objects and Images may be protected by other intellectual property rights, such as trademark rights or design rights. The User must respect these intellectual property rights.

2 | User’s obligations

2.1 The Site is accessed via the Internet. The User declares that they understand and accept the risks involved. They must ensure that their computer system is secured and protected against the effects of hacking. The User agrees that they will not undermine or attempt to undermine the security of the Site, hack the Site in any way, in particular by means of computer viruses, overloading, flooding, mailbombing or crashing, or carry out any action which would constitute an unreasonable or disproportionate strain on the infrastructure of the Site.

2.2 The state of the Grand Duchy of Luxembourg and in particular the MNAHA cannot be held liable for any damage which the User may suffer directly or indirectly in connection with their use of the Site and its services as well as the websites to which it refers.

2.3 Use of the Site is free of charge and does not require prior registration. However, the User shall bear all costs related to accessing the Site, including the costs of hardware, software or internet access, and shall be solely responsible for the proper functioning of their computing equipment and Internet access.

2.4 The User must respect the conditions of use of the Objects, Images and Metadata and in particular the terms of the applicable Creative Commons licences, as well as intellectual property rights. The User indemnifies the state of the Grand Duchy of Luxembourg and the MNAHA against all direct or indirect consequences of any complaint or action connected to the User’s failure to comply with this obligation. The User agrees not to circumvent the measures which have been implemented to protect the Objects, Images and Metadata designated as “In Copyright”.

2.5 The MNAHA reserves the right to unilaterally refuse access to the Site, without prior warning, to any User who does not respect any provision of these GCU.

3 | Modifications to the Site

3.1 The MNAHA reserves the right to develop, modify or suspend the Site, without prior notification, for the purposes of maintenance or updates or for any other purpose deemed necessary.

3.2 The MNAHA may, in particular, withdraw, supplement or develop all or part of the information and services contained or provided on the Site, or add information and services to the Site. The state of the Grand Duchy of Luxembourg and in particular the MNAHA cannot be held liable for any direct or indirect damage associated with such modifications.

4 | Limitation on liability

4.1 The state of the Grand Duchy of Luxembourg and the MNAHA do their utmost to ensure the security of the information system and the greatest possible availability of the Site. However, they cannot be held liable should the information system suffer an   unpreventable attack or should the Site be temporarily or completely unavailable, nor in the event of force majeure as defined by the relevant law and jurisprudence.

4.2 The MNAHA ensures to the best of its ability that the information contained on the Site is accurate. However, it accepts no liability, in particular in the event of a failure to update information, errors in the manipulation of the system or coding, inaccuracies or omissions in the information provided, or any other errors. While the MNAHA aims to publish accurate, up-to-date information from a wide range of sources, it cannot completely eliminate the risk of error. None of the information published on the Site is intended to be exhaustive, nor does it constitute a commitment on the part of the MNAHA or the state of the Grand Duchy of Luxembourg, including in relation to the designations “Public Domain” and “In Copyright”. Each User is therefore fully and solely responsible for their use of the information and data accessible and available via the Site, including the Objects, Images and Metadata.

4.3 Any liability on the part of the MNAHA and the state of the Grand Duchy of Luxembourg in connection with the use of the Site is in particular expressly ruled out for any direct or indirect consequences:

• of a lack of compatibility of the service provided with the equipment, applications, procedures or infrastructure of the User or of a third party;
• of a security weakness originating with the User or a third party and, more generally, of any security weakness not directly attributable to the Site;
• of errors and/or fraud committed by the User or a third party;
• of any lack of availability or any malfunction of electronic communication networks or systems.

5 | Links to external sites

5.1 For the convenience of its Users, the Site may contain links to other sites, including social networks, which they may find useful or interesting. The state of the Grand Duchy of Luxembourg and more particularly the MNAHA do not systematically inspect the content of these sites. They therefore cannot be held liable for the legality or the accuracy of the content or information provided on these websites.

6 | Links to the Site

6.1 We encourage the use of hyperlinks on external websites leading to the Site’s homepage or other relevant pages of the Site.

6.2 These hyperlinks must not suggest that your website, organisation or services are approved by the MNAHA or the state of the Grand Duchy of Luxembourg.

6.3 The MNAHA reserves the right to prohibit such links on a case-by-case basis, with prior warning of the persons concerned.

7 | Intellectual property

7.1 Licence. The Site consists of a database which required a substantial investment on the part of the MNAHA. The User is permitted to extract a qualitatively or quantitatively substantial part of the Site’s content, via permanent or temporary transfer to another medium, by any means and in any form, and to reuse said content by making it publicly available. In doing so, the User must respect the restrictions which apply to the different elements of the Site (namely Objects, Images, Metadata and Descriptions), as described in point 1.3 above.

7.2 Reserved rights. The structure, arrangement, graphic design, object code and source code of the Site are protected by intellectual property rights, in particular by copyright.

7.3 The state of the Grand Duchy of Luxembourg and in particular the MNAHA reserve all rights to these elements. The User therefore agrees not to publicly represent or reproduce, modify, extract or decompile all or part of the structure, the arrangement, the graphic design, the object codes or the source code of the Site, except with the express prior consent of the MNAHA.

7.4 Any violation of the terms stated above constitutes piracy punishable by the relevant legislation and you may be held liable. If you have identified a violation of your intellectual property rights or those of a third party, please let us know by sending an email to:

edurne.kugeler@mnaha.etat.lu

8 | Citing the Site

8.1 To cite the Site as a whole, please use the following:

“Collections platform of the Luxembourg National Museum of History and Art, https://collections.mnaha.lu, accessed on [DD/MM/YYYY]”.

8.2 To cite a single page on the Site, please use the following:

“Collections platform of the Luxembourg National Museum of History and Art, https://collections.mnaha.lu/[page name], accessed on [DD/MM/YYYY]”.

9 | Personal data

9.1 We process Users’ personal data under the terms described in our Privacy Policy and for the purposes described therein.

10 | Modifications to the General Conditions of Use

10.1 These GCU may be modified or supplemented at any time, without prior notification, in accordance with modifications made to the Site or with changes in legislation, or for any other purpose deemed necessary. Users will be notified of the modifications to the GCU on the Site’s home page. If the User continues to use the Site after having been informed of the modifications to the GCU, they will be considered to have accepted the new version of the GCU.

11 | Applicable law and place of jurisdiction

11.1 The GCU are subject to the law of Luxembourg.

11.2 The Grand Duchy of Luxembourg will, subject to any mandatory statutory provisions, have sole jurisdiction over any disputes relating to the interpretation, application and enforcement of these GCU or to the use of the Site.