Griffinmuseum.org – User Agreement – Updated September 2014
Welcome to the Griffin Museum of Photography, Inc. (“Griffin Museum”) Web Site (the “Site”). Please read this User Agreement carefully, including the Griffin Museum’s Privacy Policy.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN.
By accessing and using the Site, you accept and agree to be bound by these terms without modification, limitation or qualification. If you do not accept any of the terms stated herein, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. The Griffin Museum may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review the User Agreement. If we do make material changes, we will endeavor to post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the Griffin Museum’s Site after we post a change, whether we give advance notice or not, it means you agree to the new rules.
Online Privacy Statement
Please review our Privacy Policy, which is part of this User Agreement and describes our data collection policies, privacy measures and treatment of personal information of Site users.
Changes
The Griffin Museum reserves the right at any time and from time to time, to modify or discontinue the Site, temporarily or permanently, including modifying any and all features of the Site and any and all sections contained on it. The Griffin Museum will attempt to give notice to registered users by posting to the Site, or by email if a user has requested email updates, and immediately in the event of technical difficulties. The Griffin Museum shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Copyright – Use of Content
Access to and use of text, artwork, photographs and other files on the Site are subject to the following terms and conditions:
All Content on the Site is Protected by Copyright Laws
The Site, and all materials contained within the Site, including images, text, software, documentation, audio and video clips, are protected by copyright, trademark and other laws and may be covered by other restrictions as well. The Griffin Museum owns all rights to the Site and, except for those materials owned by others, it also owns the materials contained within the Site. The Griffin Museum expressly prohibits the copying and distribution of any protected materials on the Site, except for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting in keeping with the fair use provisions of the US Copyright Act (17 U.S.C. §107). It is imperative that no one uses more copyrighted material than is necessary for uses permitted under the fair use provisions of the Copyright Act, and that no one interferes with any actual or potential market for copyrighted material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting in keeping with the fair use provisions of the US Copyright Act are welcome to do so without the express permission of the Griffin Museum. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL http://griffinmuseum.org as well as the name and copyright information adjacent to any text or images.
A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected materials to fair use, will not violate the proprietary rights of the Griffin Museum or any other party, and will be solely responsible for any violation or infringement of copyrights whether owned by the Griffin Museum or third parties.
Commercial Use is Prohibited
Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of files or images contained in the Site for commercial use or any purpose other than fair use as defined by the copyright laws, must request and receive prior written permission from the Griffin Museum and, if necessary from the third parties that licensed the materials to Griffin Museum. All requests for permission to reproduce protected materials for commercial use should be addressed directly to photos@griffinmuseum.org.
Trademark
The Griffin Museum and third parties own many of the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the “Trademarks”) displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of the Griffin Museum or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in this User Agreement, is strictly prohibited. You agree not to use the name, Griffin Museum of Photography or the abbreviation, “Griffin Museum” or any other Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether the Griffin Museum is the source, sponsor, endorser or affiliated with any product or service. You also agree not to use the Griffin Museum’s name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our trademarks in any manner that disparages or discredits us or infringes or violates any of our rights.
Links, Frames and Metatags
You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. The Griffin Museum prefers advance notice of such linking, which can be provided by contacting the Griffin Museum via photos@griffinmuseum.org. You may not frame any content contained on the Site. You may not use the Griffin Museum’s name or Trademarks in metatags, targeted advertising keywords (such as Google’s AdWords) or any other form of “hidden text” without our express written consent.
Links to Other Web Sites
The Griffin Museum Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. The Griffin Museum has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk.
Disclaimers and Limitation of Liability
THE SITE, INCLUDING THE UNDERLYING SOFTWARE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.
NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify and hold harmless the Griffin Museum, its officers, board members, employees and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement or your use of the Site or any protected materials.
Return Policy
Griffin Museum Memberships are non-returnable.
All sales are final on products purchased through the Griffin Museum. Participant cancellation of a program/lecture will result in a full refund only if notice of cancellation is given at least 2 weeks before the date of the event.
Membership Fulfillment Information
You will receive a digital membership card, a personal login to our online members community system, and an electronic/emailed welcome letter. Paper membership cards and letters of membership status can be mailed by request of the member. These materials will be available online within 14 business days of receiving your membership information and payment.
Termination
We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.
Governing Law
This User Agreement is governed by the laws of the Commonwealth of Massachusetts applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of appropriate state and federal courts in Boston, Massachusetts and you agree to waive any jurisdictional and venue or inconvenient forum objections to such courts.
General
If any provision of this User Agreement is held to be invalid or unenforceable, that provision to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.
