The New-York Historical Society (the “Historical Society”) developed this website to support of the Historical Society’s mission to collect, preserve, study, exhibit, and stimulate appreciation for and advance knowledge of works of art. By accessing this website, armory.nyhistory.org (the “Site”), users agree to be bound by the following terms and conditions, which the Historical Society may revise at any time. Users are encouraged to visit this page from time to time to review current terms and conditions.
- Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Site (collectively, the “Materials”) are proprietary to the Historical Society or its licensors. The Historical Society retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Historical Society.
- Trademarks. Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, including NEW-YORK HISTORICAL SOCIETY, NYHS, are registered and/or unregistered marks of The New-York Historical Society. The Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site 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 Historical Society or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
- Authorized Uses. The Materials are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any printed work, and the citations should include the URL “armory.nyhistory.org.” By downloading, printing, or otherwise using Materials, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Historical Society’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Historical Society. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. Users may not modify Materials on the Site.All rights not expressly granted herein by the Historical Society are specifically and completely reserved.The Historical Society does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Historical Society. For example, some works may be under copyright by the artist or the artist’s heirs holding rights to these works. In many instances the caption may offer more information about the copyright status. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright. For permission to reproduce images that include “© ARS” in their credit line, please contact the Artists Rights Society (ARS), at tel 212-420-9160 email firstname.lastname@example.org or www.arsny.com.
- Postings on the Site. The Historical Society Site may provide an opportunity for users to post comments and exchange ideas. By posting comments on the Site users agree to comply with all requirements and procedures for posting, and avoid abusive and offensive language and to refrain from posting any content that is commercial in nature, advocates for a political cause or legislation, or infringes upon any third party’s rights, including privacy, copyright, trademark, or patent. The Historical Society does not endorse any opinions or recommendations posted by users or third parties. The Historical Society requires users to obtain all necessary permissions, such as a copyrighted work by an artist or a copyrighted story or a news article written by another person, before posting or distributing any content on the Site.It is strictly prohibited to post or transmit any unlawful, threatening, or infringing material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate law. The Historical Society shall have the right, but not the obligation, to inspect, monitor, review, remove, refuse or delete any content for any reason whatsoever. Access and accounts of repeat infringers will, in appropriate circumstances, be terminated. The Historical Society does not warrant that the use of the materials on the Site will not infringe the rights of any third party, and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in information within such locations of the Site.Please note: the Historical Society may discontinue any portion of the Site at any time. It will not remove comments upon a user’s request. By submitting comments, users acknowledge that they will be posted on the World Wide Web. Users grant the Historical Society the right to quote from comments in all media now known and hereinafter devised. By posting or distributing information or material on the Site, users expressly abandon any proprietary rights in their comments, and such information or material may be freely copied and distributed by others without your permission.
- Links to Third Party Sites. The Historical Society has not reviewed all of the sites linked to or from the Site and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Site. The Historical Society provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Historical Society.
- Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Site 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, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Historical Society makes reasonable, ongoing efforts to revise and update the Site, but does not warrant that the Site will provide continuous, prompt, secure, or error-free service, and assumes no responsibility 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. The Historical Society 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 resulting from use of the Site or downloading of any Materials from the Site. At its discretion the Historical Society may discontinue or take down the Site or any section or Material within the Site at any time.
- Limitation of Liability. NEITHER THE HISTORICAL SOCIETY, 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 THE HISTORICAL SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE SITE, CONTENT, AND/OR COMPILATION.
- Digital Millenium Copyright Act (DMCA). The Historical Society is committed to complying with U.S. copyright and related laws, and requires all users of the Site to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. A copyright owner of any content should contact the Historical Society immediately to report any concerns of infringement by providing notice to the Historical Society’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. If such notice is provided by email please address it to: email@example.com; if such notice is by mail, please address it to: Designated Copyright Agent, Office of the General Counsel, The New-York Historical Society, 1000 Fifth Avenue, New York, NY 10028.
- Indemnity. The user agrees to indemnify, defend, and hold the Historical Society and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Site or any of its Materials.
- Applicable Law and Jurisdiction. These Terms and Conditions and any amendments 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 dispute arising out of, in connection with, or related to this Agreement shall be brought in any 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.