Adopted by the Brick Store Museum’s Board of Trustees April 28, 2010
Access to and use of The Brick Store Museum’s (hereinafter, “Museum”) image and text files and data on its website www.brickstoremuseum.org (hereinafter, “Website”) are subject to the following terms and conditions. By accessing the Museum’s Website, users accept without limitation or qualification these Terms and Conditions.
The text, images, video clips and data on the Museum’s Website are protected by copyright and may be covered by other restrictions, as well. The Museum retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum. The Museum does not warrant that use of the Materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be subject to copyright by the artist or the artist’s heirs.
The Material on the Website is intended for users’ educational or research purposes. Users may download or copy the Material, subject to any additional terms or restrictions which may be applicable to the individual file or program, provided that they maintain all copyright notices and other notices contained therein, and that the use is personal or academic (classroom use). Users must cite the author and source of the material as they would material from any printed work, and the citation should include the URL “www.brickstoremuseum.org.” Commercial use or publication of the Material is specifically prohibited. All other uses of Material are prohibited without prior express written authorization from the Museum.
Many of the names, titles, trademarks, service marks, and logos (collectively, the “Marks”) displayed on this Website, including BRICK STORE MUSEUM are registered or unregistered marks of Museum. The marks of third parties may also be displayed on this Website. Nothing contained in this Website 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 Museum or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Marks , without express license in writing from the Museum, is strictly prohibited.
Limitation of Liability
Without limiting the foregoing, all materials on the Website are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, a user’s computer equipment or other property on account of using the Website or downloading materials from the Website. By downloading, printing, or otherwise using Materials from the Website, users agree and warrant that they will limit their use of such files to fair use and will comply with all other terms and conditions of these Terms and Conditions, and will not violate the rights of the Museum or any other person or entity. The Museum does not warrant that use of the text, images, and content displayed on the Website will not infringe the rights of third parties not owned by or affiliated with the Museum. Users agree to indemnify, defend, and hold the Museum, 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 use of the Website.
Content and information contained in this site has been compiled by the Museum. While every effort is made to ensure the accuracy of this information, all data is subject to change without notice. The Museum cannot and does not warrant that information on the Website is absolutely current, although every effort is made to do so. Links to third-party websites are provided as a courtesy and convenience to users; the Museum is not responsible for their availability and does not control nor endorse their content or policies.
Reservation of Rights
All rights not expressly granted by the Museum herein are specifically reserved. Nothing on the 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 the Museum has authority to grant any right or license on behalf of any third party.
Severance and Waiver
The user acknowledges and agrees 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 Museum, and if unreformable, shall be severed and deleted from these Terms and Conditions. The Museum’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 the Museum.
Venue and Choice of Law
These Terms and Condition and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of Maine, 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 a Federal or State court located in York County and the State of Maine, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
Changes in Terms and Conditions
The Museum may at any time revise these Terms and Conditions by updating the posting. You are bound by any such revisions and should therefore periodically visit the Terms and Conditions section of the Website to review the then-current Terms and Conditions.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior Terms and Conditions of Website Use.