Conditions of Use of the Website

This document regulates the general conditions of use (hereafter the ‘General Conditions’) that must be observed and respected by any user (hereafter the ‘User’) who accesses and uses the website www.macba.cat (hereafter the ‘Website’). Likewise, this document also regulates the conditions that will be applicable only to Users who have registered on the Website to access MACBA’s loan services (hereafter the ‘Special Conditions’). It is important that both the General Conditions and, where appropriate, the Special Conditions are carefully read, since accessing and using its materials implies that the User has read and accepts, without any reservation, the following conditions, or otherwise must refrain from using the Website. 
A) GENERAL CONDITIONS
A) GENERAL CONDITIONS
1. GENERAL INFORMATION
Consorci Museu d’Art Contemporani de Barcelona (hereafter ‘MACBA’) is the owner of the Website www.macba.cat. MACBA is a consortium in which three public administrations participate (Barcelona City Council, Generalitat de Catalunya and Ministry of Culture) and a private foundation (Fundació MACBA), whose registered office is Plaça dels Àngels no. 1, Barcelona, with N.I.F. ESQ5856181B  You can contact MACBA at: 
  • Email: macba@macba.cat 
  • Telephone (museum): +34 93 481 33 68 
  • Telephone (offices): +34 93 412 08 10 
2. OBJECT The status of User is acquired by accessing and using the Website for free, and implies full acceptance of all the general provisions of the General Conditions and the remainder of the ‘Legal Texts’ including, the Privacy Policy, Cookies Policy and, where applicable, the Special Conditions. 

These General Conditions regulate the access, navigation and use of this Website, without prejudice to the fact that MACBA reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. The access and use of the contents of the Website after the application of such modifications or changes shall be taken to imply acceptance of this. 

The General Conditions form part of MACBA, which reserves the right to modify the terms and conditions stipulated here, in whole or in part, by publishing any changes in the same format as they appear in the General Conditions or through any communication addressed to the User. 
3. USE OF THE WEBSITE The User agrees to make appropriate, diligent and legal use of the Website and, in particular: 
  • 01
    Not to use the Website for illicit and/or illegitimate purposes; or unlawfully.
  • 02
    Not to use the Website to the detriment of MACBA’s interests.
  • 03
    Not to use the Website with the purpose of causing damage, inefficiencies, interruptions, overloading or similar defects in the functionality of the Website; including the transmission of malware, viruses or similar programs to disseminate or publish content of an offensive, racist, derogatory or pornographic nature that could upset or disturb other Users.
  • 04
    Adding content to the Website with information that is false or misleading or that infringes the rights of other Users or third parties.
  • 05
    Use the contents of the Website to incite hatred, discriminate, threaten, provoke, add content to the Website that has a sexual, violent, rude and/or offensive meaning or character towards other Users or third parties.
  • 06
    Violate the security measures established by MACBA.
  • 07
    Not to use the Website for advertising purposes, such as sending spam or other similar abuses.
The User will be responsible for the breach of any incorrect use of the Website mentioned above, as well as any loss or damage suffered by MACBA due to direct or indirect improper use of the Website. To this end, MACBA may take all the judicial and extrajudicial actions it considers relevant. 

The Website is accessed under the individual and exclusive responsibility of the User, who will in all cases be responsible for any damages caused to third parties or to MACBA, and who undertakes not to perform actions that may affect the normal operation of the Website 
4. PRIVACY All data provided to MACBA through the Website will be treated by MACBA as Data Controller, respecting the confidentiality, integrity and availability of personal data, in accordance with the Privacy Policy. 
5. COOKIES The use of cookies on the Website shall be regulated by the Cookies Policy. 
6. COMMERCIAL COMMUNICATIONS The User having given express consent, or in the case of there being a valid contract between MACBA and the User, MACBA will send commercial communications to keep the User updated on all new developments, as well as any type of information MACBA or the services it provides consider may be of interest to the User. 

MACBA will send such commercial communications for as long as the User maintains consent for this or during the time in which the contractual relationship remains in force. However, should the User wish not to receive further commercial communications, consent may be withdrawn through the link provided in the commercial communications, or by sending an email to dpd@macba.cat. 
7. LINKS WITH THIRD PARTIES Regarding the dissemination of the content offered from the Website, the establishment by third parties of links to the Website is expressly authorised, providing these links do not have a commercial or lucrative purpose. In any case, the links established by third parties must indicate to the browser that they are accessing the Website and that it is the property of MACBA, and must make the URL corresponding to the Website visible in their browser. The establishment of links by third parties does not imply the existence of any association between MACBA and its owners. 

Likewise, the Website may contain links to other web pages that complement the services offered to the User. MACBA is not the owner of these web pages and takes no responsibility for their contents or for any damages that they may cause the User. 

If the User of the Website accesses said web pages and the services they offer, MACBA disclaims any type of relationship between the User and the owners of said web pages or any third parties related to them. 
8. INDUSTRIAL AND INTELLECTUAL PROPERTY The intellectual and industrial property rights incorporated in the Website, the graphic design and the computer codes, together with any distinctive signs and brands, texts, images, videos (hereafter the ‘Website Content/s’) appearing therein, remain the property of MACBA. The Users of the Website shall respect this ownership without being granted any rights in relation to the Website Content beyond those expressly authorised in the General Conditions. 

Any use of the Website Content that has not been expressly authorised by MACBA, whether directly or indirectly for profit or not, including the downloading, storage, transmission, public disclosure, distribution, reproduction or transformation, in whole or in part, of these contents is expressly prohibited. MACBA reserves the right to exercise all the judicial and extrajudicial actions that it considers appropriate in the face of any breach of its rights.  Authorisation to use the Website Content:
  • 01
    MACBA permits the reproduction of all texts on the Website except for the contents of PDF documents in which the contrary is indicated, providing the source is mentioned, under the terms and conditions of a Creative Commons CC BY-SA 3.0 license. (Example: Copyright © of the author’s texts: the authors, Barcelona, 2025). 
  • 02
    Regarding the images, the property rights on the images and videos are owned by their authors and, in some cases, by VEGAP. At present, by way of example but not limited to, the photographers with images on the Website are: Jordi Arnó, Carles Aymerich. CRBMC, Anna Bellaubí, Marta Berrocal, Montserrat Brasó, David Campos, Sani Cantó, Eva Carasol, Lluis Casals, Alejandro Castro, Alba Clavell, Miquel Coll, Israel Cuadrado, Tony Coll, Jordi Ferreiro, Òscar Ferrer, Gasull Fotografia, La Fotogràfica, Natàlia Limones, Sònia López, Lili Marsans, Aldemar Matias, Vanessa Miralles, José Navarrete, Silvia Noguer, Ángela Peinado, Gemma Planell, Jordi Puig, Jorge Ribalta, Roco Ricci, Marc Roig, Mireia Saladrigues, Javier Tles and Rafael Vargas. 

    The User can consult the Image Bank service to find out how to request the reproduction of works from the MACBA Collection. Likewise, the MACBA profile can also be consulted on Flickr to find the images for which MACBA holds the copyright and the licenses under which they can be shared. 
  • 03
    MACBA guarantees that most of the contents of Radio Web MACBA are available under a Creative Commons license. Where this is not the case, all possible arrangements have been made to communicate with the copyright owners. Any accidental errors or omissions in our audio quotes must be notified in writing to RWM and will be corrected where possible. To consult the list of authors, the User can consult the details of each programme. 
MACBA does not guarantee that the use of Website Content does not infringe the rights of third parties, such as artists or the artists’ heirs who hold the rights to these works. It is the User’s responsibility to determine and satisfy copyright or other usage restrictions before copying, transmitting or any other use of Website Content. 
9. RESPONSIBILITY MACBA has made every effort to ensure that the information on the Website is accurate and up-to-date. However, MACBA does not guarantee nor is it responsible for the accuracy and updating of the contents of the Website. MACBA shall not be held responsible for any errors or omissions in the contents of the Website and reserves the right to modify these contents at any time and without prior notice. 

The commercial relationship between MACBA and the User is governed by other specific conditions, so the contents of the Website do not prevail over these conditions or agreements and at no time shall the User place conditions on the commercial policy that MACBA decides to adopt. 
 MACBA shall not be held responsible for errors or failures in the functioning of the Website, whether intrinsic or due to the characteristics and limitations of the Internet. The User assumes any risk arising from the use of the Internet, including the possible transmission of computer viruses. MACBA does not guarantee the uninterrupted operation of the Website’s services and will not be responsible for any damages that may result from the interruption of services. MACBA will not be responsible for Acts of God, such as fires, strikes and power cuts or any other unforeseeable or unavoidable incidents, as well as for the inappropriate use of the Website by the User in accordance with what is established in the General Conditions.  MACBA will only be responsible for damages in cases that were or could have been foreseen at the time of the use of the Website by the User, and that are a direct and necessary consequence of any infringement resulting from serious negligence in respect of contractual obligations. 

MACBA reserves the right to describe or present certain services on the Website, without implying a commitment on the part of MACBA to make these services available to the User. 

The exclusion of liability and guarantees described in this section will apply to both MACBA and its administrators, managers, employees and representatives. 
10. MODIFICATIONS MACBA reserves the right to modify these General Conditions at any time. Changes or updates to the General Conditions, as well as to the Privacy Policy, will be explicitly notified to the User through notices on the Website. 
B) SPECIAL CONDITIONS FOR THE LOAN SERVICE
B) SPECIAL CONDITIONS FOR THE LOAN SERVICE
1. OBJECT As part of its activity, MACBA makes available to Users the works found in the MACBA catalogue and repository by way of loan (hereafter the ‘Works’) in order that the User can make rational use of these and attend to their information needs for cultural, educational, academic, scientific or similar purposes, but with the proviso that no commercial exploitation of the Works be undertaken and without this entailing any professional, commercial or labour relationship with the User, except where expressly provided for (hereafter, the ‘Loan Service’). The Loan Service is not accessible by the User of the Website unless the User is registered, and, consequently, the User must accept the conditions that are regulated in the special conditions relating to the Loan Service (hereafter, the ‘Special Conditions’). 

These Special Conditions will be applicable only to Users registered on the Website who wish to access the Loan Service, and it is obligatory for such Users to comply cumulatively with the General Conditions set out above. 
2. USER ACCESS AND REGISTRATION CONDITIONS To access the Loan Service, it is essential to register after creating your own user account for free. To create an account on the Website, the User must be of legal age and be in a legal position to be bound by the Special Conditions. Registration on the Website will be considered completed once the User has received a registration confirmation email from MACBA. 

It is the exclusive responsibility of the User to ensure the confidentiality of their access password and the security of their account, notifying MACBA of any suspicion of loss, theft or compromise of the security of their account or access password. The User shall be solely responsible for all access to and use of the Website made from the User’s account by any person using said account, regardless of whether the access to and use of said account is authorised by the User. The User’s account is personal, unique and non-transferable. If multiple accounts with matching data are detected, they are to be cancelled, suspended or disabled. 

The information provided by the User to register must be true, faithful, exact and complete, and the User must undertake to update the information should it become incorrect or incomplete. Should the User provide incorrect or out-of-date information, MACBA reserves the right to terminate the User’s account immediately. 
3. OBLIGATIONS OF THE USER The User agrees to access and use the Loan Service as well as the Works in accordance with the principles of good faith, the rules of public order, the conditions that are set out herein, the General Conditions and, in every case, the specific conditions of use that are applicable. 

The User is expressly prohibited from using and obtaining the Loan and Works Services offered on this Website by procedures other than those stipulated in the Special Conditions and, if applicable, in the particular conditions that regulate the acquisition of certain services. By way of example, but not limited to, it is expressly prohibited to use the Loan Services or the Works for illicit and/or illegitimate purposes, in an illegal manner, for purposes other than those stipulated in the Special Conditions or in any other way that is contrary to the provisions of the Special Conditions. 

Where the User fails to comply with the obligations regarding the use of the Works, MACBA reserves the right to adopt whatever measures it deems appropriate under the law, as well as banning the User’s access. 
4. INTELLECTUAL PROPERTY RIGHTS MACBA is the owner or licensee, where applicable, of the intellectual and industrial property rights of all the Works offered through the Loan Service, including, by way of example but not limited to: 
  • 01
    Its autonomous value as a collection and/or databases of its own and other works. 
  • 02
    All Works, of any type (including catalogue and repository works), which are made available to the User through the Loan Service, as well as recordings of lectures, workshops and activities, texts, reviews and comments, among others. 
  • 03
    Brands, logos and trade names used on the Website and/or in any document provided by MACBA to the User. 
MACBA authorises the User to make use of the Works for the User’s private use and always respecting MACBA’s ownership. This use, by itself, will not grant the User any rights in relation to the Works beyond the licenses established in the Special Conditions. 
 
When the User requests from MACBA the Loan of a Work, within the framework of the Loan Service, MACBA grants a non-exclusive, non-sublicensable license to the User to use and reproduce the Works (provided these do not include works from the MACBA Collection) solely for research and investigation purposes and for the period of 21 calendar days. 
 This license can be renewed only once (for another 21 days), during the seven days before the loan expires. Renewal can be done by sending an email to _______. If another person has reserved the same Work, that Work cannot be renewed and must be returned on or by the expiry date of the loan. 
 
If the User wishes to make use of the Works for purposes other than those indicated above, or when these are Works from the MACBA Collection, the User and MACBA will agree on a case-by-case basis, in an express manner and in addition to the terms of the Special Conditions, the specific requirements for the use of said Works. 

Any commercial use by the User of Works provided through the Loan Service without the express authorisation of MACBA is strictly prohibited. 
5. PENALTIES Once the license period has ended, the User must return the work to MACBA and/or delete it from their devices. Violation of this obligation means the temporary blocking of the Loan Service, which will be reactivated once the Work has been returned. Any delays in excess of 100 days in the fulfilment of this obligation will lead to the indefinite suspension or termination of the Loan Service. 

Blocked Users cannot renew any of the Works they have on loan. 
6. LIMITATION OF LIABILITY By making the Content available, we offer Users a whole series of quality services and content, with the utmost diligence in the provision of these services and content, and with the most current technological means. However, even if MACBA has adopted the security measures allowed by the current state of technology, it cannot guarantee the absence of viruses or other harmful elements and, consequently, is exonerated from any responsibility in this respect.  MACBA does not assume any responsibility for the use that the User makes of the Works, including the information and contents thereof. Each user is responsible for making correct, diligent and lawful use of the Works.  Despite having taken all the necessary precautions to see that the Loan Service provides current and accurate information, MACBA does not guarantee the updating of all the information provided or the possible existence of errors or omissions. MACBA is not responsible for errors or failures in the functioning of the Website and specifically of the Loan Service, whether intrinsic or due to the characteristics and limitations of the Internet. The User assumes any risk derived from the use of the Internet, including the possible transmission of computer viruses. MACBA does not guarantee the uninterrupted operation of the Loan Service and shall not be responsible for any damages that may result from its interruption. MACBA shall not be held responsible for Acts of God such as fires, strikes and power cuts or any other unforeseeable or unavoidable incidents.  MACBA does not assume any responsibility for damages of any kind linked to the above and/or that may occur due to:
  • 01
    The absence or deficiencies of the information provided, its veracity, accuracy and sufficiency; 
  • 02
    Infringing the intellectual and industrial property rights of third parties, carrying out acts of unfair competition or illegal advertising; 
  • 03
    Infringement of the right to data protection, professional secrecy and the rights to honour, personal and family privacy and people’s images; 
  • 04
    In general, the breach of any applicable law, custom or code of conduct by the User in respect of the Works. 
The User assumes all responsibility arising from their use of the Works and is solely responsible for any direct or indirect effect arising from the Works, including, but not limited to, any adverse economic, technical or legal result, to the detriment of the expectations generated by the Works. The user undertakes to indemnify MACBA for any claim arising, directly or indirectly, from their acts or omissions. 
7. MISCELLANEOUS If any clause included in the Special Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect this provision or the part of it that is null or ineffective, and the Special Conditions in the remainder shall not be affected, considering that provision in whole or in part is not included. 
8. JURISDICTION AND APPLICABLE LAW Given that the Website, with its services included, is intended to be used and offered in Spain, to the extent permitted by mandatory regulations, the applicable legislation will be Spanish common law. Any procedure related to the rights and obligations that may arise under, or in relation to, these Terms and Conditions will be subject to the jurisdiction of the Courts of Barcelona.