The Farnsworth Art Museum (the “FAM”) offers this website in support of its charitable and educational mission to further the understanding and appreciation of art by the public. The Site supplements the outstanding art collections and educational programs we offer on-site at the FAM. We encourage users to use the Site as a research and information tool, subject to the specific terms and conditions of use (the "Terms and Conditions of Use") set forth below.
ACCEPTANCE OF TERMS AND CONDITIONS
By accessing the Site, users agree to be bound by the following terms and conditions, which FAM may revise from time to time. Users are encouraged to visit this page periodically to review current terms and conditions.
WEBSITE CONTENT IS PROTECTED BY LAW.
The data, images, documentation, text, video, audio, and other information on the Site (the "Materials") are proprietary to FAM or its licensors or other third parties. FAM retains all its rights, including copyright, on the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, FAM. Users may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Materials without the prior written permission of FAM unless the use qualifies as Fair Use or another legislative exemption, such as the Special Permission for Educators, all of which are further described below.
FAIR USE AND OTHER EXEMPTIONS
FAM does not object to users reproduction, distribution, display, transmission, performance, and use of the Materials if done in accordance with 17 U.S.C. §107 ("Fair Use"), 17 U.S.C. §110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.
By downloading, printing, or using Materials from the Site, whether accessed directly or indirectly, users agree that they will limit their use to the uses permitted by these terms and conditions or by fair use, and will not violate FAM’s or any other party's proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices and may not modify the Materials. Downloading, copying, distributing, or otherwise using Materials for any commercial purpose is strictly prohibited.
DIGITAL MILLENNIUM COPYRIGHT ACT
FAM is committed to complying with U.S. copyright and related laws, and requires all users of the Site to comply with these laws. For purposes of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), FAM has designated an agent for notices of claimed infringement. If users have any objections consistent with the provisions of this law, please note the following contact: David Troup, firstname.lastname@example.org.
If users’ proposed use of FAM Materials does not meet the conditions for Fair Use or another legislative exemption, users must request and obtain the express, prior permission of FAM. Please be advised that FAM is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by FAM are used to further FAM’s educational programs and not-for-profit mission.
USE OF THIRD-PARTY TRADEMARKS AND IMAGES
If users wish to reproduce or otherwise use copyrighted images that appear on the Site but do not belong to FAM, users should contact the third parties who are referenced as the rights holders. FAM assumes no responsibility for ascertaining whether such rights are valid or for securing such rights on users’ behalf.
All rights not expressly granted by FAM herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that FAM has authority to grant any right or license on behalf of any third party. FAM does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties. All Materials on the Site are provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, copyright ownership and non-infringement.
FAM does not warrant that the Site will provide continuous, prompt, secure, or error-free service. FAM 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 users or any third party may incur as a result of the unavailability of the Site. FAM assumes no responsibility, and shall not be liable for any damage to users’ computer equipment, data, or other property arising from the use of the Site, whether due to a computer virus or otherwise. By using the Site users agree to indemnify, defend, and hold FAM harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to users use of the Site.
LIMITATION OF LIABILITY
Neither FAM, its affiliates, trustees, directors, officers, sponsors, collaborators, employees, nor 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 users use of the Site or Materials.