(Effective as of May 2015)
1. LICENSE GRANT. Subject to your continued compliance with the express terms and conditions of this Agreement, IH hereby provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicenseable license to access and use the Site solely for your personal or internal business purposes. You may print materials and information from the Site solely for your personal or internal business purposes, provided that all hard copies contain all copyright and other applicable notices contained in such materials. All rights not expressly granted under this Agreement are hereby reserved. Accordingly, you are hereby prohibited from using the Site in any manner that is not expressly and unambiguously authorized by the terms and conditions of this Agreement.
2. REPRESENTATIONS AND WARRANTIES. By downloading, accessing, or using the Site, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority, whichever is greater; (ii) you will at all times provide true, accurate, current, and complete information when submitting information to IH through the Site; (iii) you will at all times comply with the terms and conditions of this Agreement including, without limitation, the terms set forth in Sections 1. Any breach of the foregoing representations and warranties entitles IH to immediately terminate this Agreement and/or seek any and all remedies available at law or equity. If you do not agree to any term or condition, you should not access or otherwise use the Site.
3. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the Site in accordance with the terms of this Agreement. Accordingly, you hereby agree that IH transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else in connection with your use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (except for User Content) are exclusively owned, controlled, and/or licensed by IH or its members, parent(s), licensors, or affiliates. Illustration History and all other names, logos, marks, and icons identifying IH, its members, affiliates and/or subsidiaries, and any of their events, programs, products, and/or services, are owned exclusively by IH, and any use of such marks without the prior express written permission of IH is hereby expressly prohibited.
5. LINKS TO OTHER SITES AND THIRD PARTY CONTENT. IH may in its sole discretion provide on the Site links to certain websites or online social networks (or pages) owned and controlled by third parties (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by IH and are owned, controlled and/or maintained solely by third parties over whom IH exercises no control. In addition, IH may in its sole discretion provide content on the Site that is owned by third parties (“Third Party Content”). Such Third Party Content has not necessarily been reviewed by IH and is created, edited, published, maintained and made available by third parties over whom IH exercises no control. Accordingly, IH hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the Site; or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links on the Site. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement with respect to any third party, any content, any website, network, or page, or the products or services provided by any third party.
6. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. IH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. HOI ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SITE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL HOI BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
8. SUBMISSIONS. Any submission, review or other feedback (collectively, “Submissions”) by you on or through the Site that is received by IH will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for IH to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
9. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of IH’s intellectual property or proprietary rights, may cause irreparable injury to IH, whereby such injury would not be quantifiable in monetary damages, and IH would not have an adequate remedy at law. In the event of such injury or potential for such injury, you therefore hereby agree that HOI shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
10. ENFORCING SECURITY. Any actual or attempted use of the Site by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. IH reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Site (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Site. IH may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. IH will also disclose User Information as required by any court order and/or subpoena. In addition, IH hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site, IH, or the business interests of IH and/or its members and affiliates.
11. TERM AND TERMINATION. This Agreement will take effect at the time you begin using the Site. This Agreement will terminate automatically if (i) you fail to comply with its terms and conditions; or (ii) cease all use of the Site. Termination will be effective without notice. In addition, IH may in its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use the Site shall immediately cease and you must promptly return to IH (at the address listed below) all tangible embodiments of the Site in your possession or control.
12. WAIVER & SEVERABILITY. IH’s failure to insist on upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
13. COPYRIGHT INFRINGEMENT POLICY AND TAKE DOWN PROCEDURES: If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated. Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Norman Rockwell Museum
P.O. Box 308, Stockbridge, MA 01262
Attn: Chief Curator/Deputy Director
By email: firstname.lastname@example.org
Please include the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the 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.
15. CONTACT INFORMATION. If you have any questions regarding this Agreement and/or the Site, please contact IH at Attention: Chief Curator/Deputy Director, P.O. Box 308, Stockbridge, MA 01262 (Mailing Address), (413) 298-4100 (phone), or email@example.com (email).