Terms and Conditions
(Effective as of May 2018)
Norman Rockwell Museum webSites (NRM.org; IllustrationHistory.org; Rockwell-Center.org; RockwellFourFreedoms.org collectively the “Sites”) are provided for your use by Norman Rockwell Museum under the following terms and conditions (“Terms and Conditions”). Norman Rockwell Museum may at any time revise these Terms and Conditions by updating this posting. By accessing, browsing, or using the Sites, you accept and agree to, without limitation or qualification, these Terms and Conditions (and any amendments). Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Sites and any interactive services. Users should check these terms and conditions periodically. By using the Sites after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
License to use website
Unless otherwise stated, Norman Rockwell Museum and/or its licensors own the intellectual property rights in the Sites and material on the Sites. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Sites for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from the Sites (including republication on another website);
- Sell, rent or sub-license material from the Sites;
- Show any material from the Sites in public;
- Reproduce, duplicate, copy or otherwise exploit material on the Sites for a commercial purpose;
- Edit or otherwise modify any material on the Sites; or
- Redistribute material from the Sites except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use the Sites in any way that causes, or may cause, damage to the Sites or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Norman Rockwell Museum’s express written consent. You must not use the Sites to transmit or send unsolicited commercial communications. You must not use the Sites for any purposes related to marketing without Norman Rockwell Museum’s express written consent.
Access to certain areas of the Sites may be restricted. Norman Rockwell Museum reserves the right to restrict access to areas of the Sites, or indeed this entire Sites, at Norman Rockwell Museum’s discretion. If Norman Rockwell Museum provides you with a user ID and password to enable you to access restricted areas of the Sites or other content or services, you must ensure that the user ID and password are kept confidential. Norman Rockwell Museum may disable your user ID and password in Norman Rockwell Museum’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Norman Rockwell Museum a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Norman Rockwell Museum the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Norman Rockwell Museum or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Norman Rockwell Museum reserves the right to edit or remove any material submitted to the Sites, or stored on Norman Rockwell Museum’s servers, or hosted or published upon the Sites. Notwithstanding Norman Rockwell Museum’s rights under these terms and conditions in relation to user content, Norman Rockwell Museum does not undertake to monitor the submission of such content to, or the publication of such content on, the Sites.
The Sites are provided “as is” without any representations or warranties, express or implied. Norman Rockwell Museum makes no representations or warranties in relation to the Sites or the information and materials provided on the Sites. Without prejudice to the generality of the foregoing paragraph, Norman Rockwell Museum does not warrant that: The Sites will be constantly available, or available at all; or The information on the Sites is complete, true, accurate or non-misleading. Nothing on the Sites constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Norman Rockwell Museum will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Sites:
- To the extent that the Sites are provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Norman Rockwell Museum has been expressly advised of the potential loss. Exceptions Nothing in the Sites disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Sites disclaimer will exclude or limit Norman Rockwell Museum’s liability in respect of any:
- Death or personal injury caused by Norman Rockwell Museum’s negligence;
- Fraud or fraudulent misrepresentation on the part of Norman Rockwell Museum ; or
- Matter which it would be illegal or unlawful for Norman Rockwell Museum to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Sites, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the Sites.
Limitation of Liability
Norman Rockwell Museum, its affiliates, trustees, directors, officers and employees, and other agents and representatives shall have no liability for any damages, including without limitation, direct, consequential, compensatory, special, punitive, or incidental damages (even if we have been advised of the possibility of such damages) arising out of or relating to the use of the Sites. The use of the Sites is at your sole risk.
If any provision of these Sites disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Sites disclaimer.
You hereby indemnify, defend, and hold Norman Rockwell Museum harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgements, liabilities, losses, and damages arising from or relating to your use of or operation of the Sites.
Breaches of these terms and conditions
Without prejudice to Norman Rockwell Museum’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Norman Rockwell Museum may take such action as Norman Rockwell Museum deems appropriate to deal with the breach, including suspending your access to the Sites, prohibiting you from accessing the Sites, blocking computers using your IP address from accessing the Sites, contacting your internet service provider to request that they block your access to the Sites and/or bringing court proceedings against you.
Norman Rockwell Museum may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Sites from the date of the publication of the revised terms and conditions on the Sites. Please check this page regularly to ensure you are familiar with the current version.
Norman Rockwell Museum may transfer, sub-contract or otherwise deal with Norman Rockwell Museum’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Norman Rockwell Museum in relation to your use of the Sites, and supersede all previous agreements in respect of your use of the Sites.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Massachusetts, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts located in Berkshire County, Massachusetts, for the determination of any issue arising under these Terms and Conditions or between you and Norman Rockwell Museum. You stipulate to the fairness and convenience of proceeding in such courts and covenant not to assert any objection to proceeding in such Courts.
The text, images, data, audio and video clips, and other content on the Sites (“materials”) are protected by copyright and may be covered by other restrictions as well. Norman Rockwell Museum, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on the Sites. The Sites, and the materials contained therein, may be used only as set forth in these Terms and Conditions or by obtaining explicit written permission from Norman Rockwell Museum and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on the Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and other applicable laws and is strictly prohibited. Norman Rockwell Museum expressly reserves all rights and remedies available under such laws, regulations, and statutes. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of the Sites for public or commercial purposes, or for personal gain, without the express prior written permission of Norman Rockwell Museum. To learn more about how to request permission to use the contents on the Sites, please see the section on “Obtaining Permission” below.
You may use the content of the Sites only for limited non-commercial, educational, and personal use, or where such use qualifies as “fair use” permitted under the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. Norman Rockwell Museum neither warrants nor represents that your use of any materials displayed on the Sites will not infringe its rights or the rights of third parties not owned by or affiliated with Norman Rockwell Museum. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.
Anyone wishing to use the materials from the Sites for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of Norman Rockwell Museum or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For works of art from the Norman Rockwell Museum collection reproduced on the Sites, Contact Us. For works of art from other museums or collections reproduced on the Sites, contact the organization credited in the work’s caption directly. For all other images on the Sites, and for any text excerpts, Contact Us.
The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Sites, including “Norman Rockwell Museum ” and variations thereof, are registered and unregistered Trademarks of Norman Rockwell Museum. The Trademarks of third parties may also be displayed on the Sites. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites without the prior written permission of Norman Rockwell Museum or such third party owner of any Trademark used. Any unauthorized use of the Trademarks or any other materials is strictly prohibited.