Acceptance of Terms and Conditions
The New-York Historical Society (“N-YHS”) provides this website (nyhistory.org), the Online Store (shop.nyhistory.org) as well as its other websites (blog.nyhistory.org, behindthescenes.nyhistory.org, sports.nyhistory.org, historydetectives.nyhistory.org, inthenews.nyhistory.org, todayinhistory.nyhistory.org, armory.nyhistory.org, chineseamerican.nyhistory.org, aids.nyhistory.org, theaterhistory.nyhistory.org, Vergara.nyhistory.org, revolution.nyhistory.org, audubon.nyhistory.org, blackfives.nyhistory.org, wwii.nyhistory.org, journal.nyhistory.org,teenhistorians.nyhistory.org, hamiltonquiz.nyhistory.org, siliconcity.nyhistory.org, adopt-a-lamp.nyhistory.org, adopt-an-audubon-bird.nyhistory.org, presquiz.nyhistory.org, libex.nyhistory.org, 4thfloor.nyhistory.org, vietnamwar.nyhistory.org, womenatthecenter.nyhistory.org) and other websites to be created in the future at the .nyhistory.org site. (together, the “N-YHS website”) in support of its mission to make history matter and to tell the story of American history through the prism of New York. BY ACCESSING THE N-YHS WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). N-YHS MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE N-YHS WEBSITE NOW AND REFRAIN FROM FURTHER USE.
Protection of privacy
The names, titles, trademarks, service marks, and logos that appear on the N-YHS website are registered and unregistered marks of N-YHS, including but not limited to The New-York Historical Society, N-YHS, and NYHistory Store (“N-YHS Trademarks”). You may not use the N-YHS Trademarks without N-YHS’s prior, written permission.
The trademarks of third parties may also appear on the N-YHS website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the N-YHS website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the N-YHS Trademarks or may be construed to mean that N-YHS has authority to grant any right or license on behalf of any third party trademark owner.
All content is protected by copyright laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the N-YHS website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. N-YHS retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, N-YHS. N-YHS expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Commercial use is prohibited
Unauthorized downloading, publication or exploitation of N-YHS’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from N-YHS’s collection should be addressed directly to email@example.com
Reservation of rights
All rights not expressly granted by N-YHS herein are specifically and completely reserved. Nothing on the N-YHS website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that N-YHS has authority to grant any right or license on behalf of any third party.
N-YHS at times may provide unrestricted forums on the N-YHS website for the exchange of ideas and information by participants. N-YHS does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the N-YHS website that you do not own, N-YHS requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the N-YHS website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
Digital millennium Copyright Agent
N-YHS respects the intellectual property of others, and asks users of the N-YHS website to do the same. N-YHS may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the N-YHS website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to N-YHS’s Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the N-YHS website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. The Museum’s agent for notice of claims of copyright infringement can be reached as follows:
By email: firstname.lastname@example.org
Any communication or material you post, transmit, or distribute to the N-YHS website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by N-YHS or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, N-YHS is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the N-YHS website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and indemnification
By using the N-YHS website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold N-YHS, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the N-YHS website.
DISCLAIMER OF WARRANTIES
N-YHS PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. N-YHS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. N-YHS DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. N-YHS MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. N-YHS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER N-YHS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Severance and waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. N-YHS’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by N-YHS.
Venue and choice of law
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.