MAINE HISTORICAL SOCIETY WEBSITES ACCEPTABLE USE POLICY AND USER AGREEMENT
The Maine Historical Society owns and operates the following websites:
www.MaineHistory.org - The Maine Historical Society (MHS), organization website
www.MaineMemory.net - The Maine Memory Network (MMN), online museum
www.HWLongfellow.org - A website about Henry Wadsworth-Longfellow
www.VintageMaineImages.com - Vintage Maine Images (VMI), image sales
Please direct all inquiries regarding these sites by email to firstname.lastname@example.org or by mail to The Maine Historical Society, 489 Congress Street, Portland, Maine 04101, or by phone to (207) 774-1822.
These websites share a single login/password system, databases of user information, and collections of historic items contributed by Maine's cultural institutions (hereafter referred to as contributing partners). Below are the guidelines for use on all MHS websites.
These terms and conditions of use constitute a legal agreement between you and the Maine Historical Society. PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON AT THE BOTTOM OF THIS PAGE OR BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT EVERY TIME YOU USE THIS SITE. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE IMMEDIATELY.
GENERAL INFORMATION AND LEGAL TERMS
1. The material on MHS websites does not, and is not meant to, represent all material available on Maine history. You are encouraged to contact individual contributing partners for more information on their holdings, as well as other sources.
2. The material on MHS websites is provided as an informational service only. MHS websites include material and information provided by independent third parties, over which Maine Historical Society has no control and for which Maine Historical Society has no responsibility. Maine Historical Society makes no claims, promises or guarantees about the timeliness, accuracy, completeness, or adequacy of the information contained in or linked to in MHS websites. Information provided on the site is provided "AS IS" without warranty of any kind, either express or implied. Maine Historical Society reserves the right to add, delete, change, improve, update or otherwise modify the information on the site without notice.
3. Some materials presented on MHS websites are digital copies of original photographs, documents and artifacts. This site is the property of Maine Historical Society. The content on this site, including but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, objects and design is the property of the Maine Historical Society and the contributing partners and is protected by copyright, trademark, and other intellectual property laws.
4. MHS websites are usually available 24 hours a day, 7 days a week. However, Maine Historical Society retains the right to make MHS websites unavailable from time to time for any reason. You agree that Maine Historical Society shall not be liable for any damages arising from any interruption, suspension or termination of MHS websites.
5. MHS websites contain links that will allow you to access other websites not under Maine Historical Society's control. The links are provided as a convenience to you and Maine Historical Society does not endorse any of these sites. Maine Historical Society makes no representation regarding the quality of any product or service contained at any such site and expressly disclaims any responsibility or liability for any material that may be found in any other website accessed through MHS websites.
6. IN NO EVENT WILL MAINE HISTORICAL SOCIETY OR THE CONTRIBUTING PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF MHS WEBSITES.
7. Maine Historical Society reserves the right to disable your access to MHS websites immediately without notice if Maine Historical Society, in its sole discretion, determines that your use of MHS websites does not comply with these policies, or violates any local, state, national or international law or regulation, or interferes with others' use of MHS websites, or adversely affects the operation of MHS websites.
8. You agree to indemnify and hold harmless Maine Historical Society and any contributing partner, and their respective subsidiaries, affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your use of MHS websites, your breach of the terms of this Agreement or your unauthorized use of any content on MHS websites.
9. Maine Historical Society reserves the right to update, amend, or modify this Acceptable Use Policy & User Agreement at any time and in any manner, without prior notice. Any update, amendment, correction or modification will be effective upon posting on MHS websites.
10. MHS websites and all of the contributors welcome your feedback. Please send all questions or comments to email@example.com.
ACCEPTABLE USE OF MHS WEBSITES
11. No part of MHS websites, their design or any of the content may be used for personal or financial gain without the permission of Maine Historical Society. Copying or redistribution without permission of Maine Historical Society is prohibited. Elements of MHS websites, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and/or other laws relating to intellectual property rights.
12. The electronic post card function is provided for lawful, ethical, personal use only. The electronic post card (e-card) feature and comment threads may not be used for commercial, marketing, solicitation, moneymaking purposes or for pyramid schemes. Distribution of unwanted or offensive content is prohibited. You agree not to use the electronic post card function or any other function of the site for: chain letters, fraudulent or criminal activity, including but not limited to registering an email address other than your own, any posting with the goal of harassment of another, transmitting any material that threatens or encourages bodily harm or destruction of property, transmitting any material that infringes any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any third party, including without limitation any unauthorized copying, distribution, or transmission of copyrighted images, accessing (or attempting to access) the accounts of others, penetrating (or attempt to penetrate) security measures of any computer, electronic communications, or telecommunications system, collecting (or attempting to collect) personal information about third parties without their consent, any activity which adversely affects the ability of other people or systems to use MHS websites or the Internet, sexual requests from or for a minor, racial slurs or comments, unsolicited advertising (whether commercial or informational) and/or unsolicited email or advertisements including "SPAM".
13. The Maine Historical Society discourages the transmission, of any matter which discloses personal or private information concerning any person or entity, including phone number(s) or addresses, credit/debit card numbers, calling card numbers, passwords, financial information, and home phone numbers or addresses.
14. You are responsible for any use of your account. It is your responsibility to guard your password and monitor the use of your registration information.
15. Failure to follow the policies set forth herein or any misuse of the site may result in banishment from the site or further legal action. This means that a user will no longer be registered and will be prevented from re-registering.
SECURITY & PRIVACY
16. There are two kinds of users on MHS websites: Guest Users and Registered Users. Guest Users can search the sites, browse and read content, and send electronic post cards without registering. Registered Users, upon completing and submitting the registration form, are entitled to a free account that allows them the additional benefits of creating albums and slide-shows, creating sites, creating exhibits (must be pre-approved), commenting on MMN items and exhibits, updating personal information on file with Maine Historical Society, and purchasing copies of images for personal use and publication.
17. For all users MHS websites may automatically collect and/or track the following information: (1) home server domain name; (2) information provided by visitors in online forms (including email postcards and comments) and surveys; and (3) aggregate/user-specific information on how many times certain pages are accessed.
18. In addition, Maine Historical Society may collect certain statistical information about a user's visit. When you visit our sites, our computers automatically collect statistics about the visit. This information does not identify you personally, but rather, we may monitor statistics such as how many people visit our site, the user's IP addresses, which pages people visit on our site, from which domains users reach our site, and which browsers they use. We use these statistics about your visit for aggregation purposes only, to help us improve the usefulness of the site.
19. When you become a Registered User, in addition to the information we collect for Guest Users, MHS websites collect your name, email address, institutional affiliation and password.
20. If you are a Registered User, a cookie will be placed on your machine for the following purposes: (1) to login the user; (2) to authenticate information in the albums and cart (to ensure no one else can access your saved information); (3) to remember previous searches; and (4) to pre-insert information in web forms. The only information in the cookie itself is a numerical session identifier. The cookie cannot be read by any website other than MHS websites.
22. Occasionally, we may notify you of information that may interest you about updates to the site and events at Maine Historical Society. If you do not wish to receive this type of information, you may "opt-out" by not selecting the appropriate checkbox during registration or in your user profile.
23. If you would like to revise the information provided to us, or believe that the information we currently have on record is incorrect, you may update the information in the personal profile section of the site.
24. Except as described in our purchasing policy, we do not sell or share any of the registration information users provide with any companies outside Maine Historical Society, except as we deem necessary.
25. We use the latest encryption technology to help ensure that your information is kept safe while in transit. This happens on your personal profile page and in the purchasing process. Only you can modify this information and read it with your secure login.
26. A "hash" of your password is stored in the MHS database, and the plain-text password is only used for hash comparison to the stored value. MHS staff cannot see your retrieve your password.
CHILDREN'S ONLINE PROTECTION
27. We encourage you to learn more about the Children's Online Protection Act at: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
28. Registration is not necessary to use MHS websites. The "Album" and "Slide-show" functions, exhibitbuilder and sitebuilder, and comment threads of the site do, however, require that users register and provide us with a login ID, email address and password. All users under the age of thirteen must use the children's registration page, which prevents children from disclosing personal identifying information.
29. If you believe that we have collected personal information about your child who is under the age of thirteen and would like to view that information please contact us at firstname.lastname@example.org, or (207) 774-1822, or you can write to 489 Congress Street, Portland, Maine 04101. Please include your child's email address and login ID so that we can verify that you are the child's parent. The information you provide will be discarded and will not be disclosed to any other entity, except as we deem necessary.
30. We will delete the information of any child upon the request of his or her parent. Removing your child from our system will prevent him or her from using the Album and features of the site, and all of his or her saved work will be deleted. Such information will be purged from our system and will not be disclosed to any other entity, except as we deem necessary.
31. We will automatically delete the personal information of any registrant we know to be under the age of thirteen. Such information will be purged from our system and will not be disclosed to any other entity, except as we deem necessary.
32. All users, regardless of age or ability, are required to abide by the regulations of this site.
COPYRIGHT & USE REGULATIONS
33. Images presented on The Maine Memory Network are for viewing, evaluation, classroom educational and personal use only. Personal use means in-home or research use only.
34. Maine Memory Network and the material contained therein may not be used for personal or financial gain without permission. The material on MMN may not be distributed, duplicated or sold without permission.
35. Copies of some digital images are for sale as prints or for publication on VintageMaineImages.com, or through our Image Services. For more information, contact (207) 774-1822 x217, or email@example.com. Permission for commercial use, publication, manipulation, display or distribution must be obtained prior to use, through the online purchasing process or by contacting Image Services. All other uses are restricted; please refer to our licensing policies, to which you must agree to abide by before completing the purchase process.
36. MHS websites and its contributors make every effort to give proper attribution to the source of each image. If you believe that any material is improperly catalogued or credited, please contact us so that we may make a correction or remove the image from the website. Please use the forms on the website, or contact us with details.
37. It is your obligation to determine and follow all copyright or use restrictions of the material presented here. We encourage you to investigate Fair Use policies, or contact us for more information. The United States Copyright Office is on the Web at http://www.copyright.gov/.
38. You must credit Maine Historical Society or the contributing partner in connection with any use of any image or other materials. Credit information for each item appears with the cataloging information for each image.
39. Websites are a form of publication. You must obtain permission before you can use any image or other material on your site.
40. Unauthorized use or misuse of the material presented on this site may be pursued in the state and federal courts in the State of Maine, under United States copyright law. You agree to submit to the jurisdiction of such courts.
PURCHASE & USE
41. Vintage Maine Images (VMI) offers two options for obtaining copies of images: (1) copy prints may be purchased for personal use; and (2) digital files may be licensed for publication. Delivery, use and policy differ for each option. Please see below for details.
42. By submitting an order to VMI, you agree, on behalf of yourself individually and on behalf of the institution for which the image is being purchased or licensed, to the following terms and conditions. By submitting an order for use of an image by an organization, you are representing that you are authorized to enter into this Agreement on behalf of the institution. THIS AGREEMENT PLACES LEGALLY BINDING LIMITS ON HOW YOU MAY USE THE IMAGE, PLEASE READ THEM CAREFULLY BEFORE SUBMITTING AN ORDER.
43. Copy prints or digital files may be obtained through VintageMaineImages.com using the cart and checkout function. A credit card is required to complete these transactions, and you must state your intended use before the order will be processed. Anyone submitting an order must be 18 years of age or older.
44. All orders require that you state your intended use prior to completion of your order. Your use of the image is restricted to the purposes specified in your order and the other conditions set forth below. Please contact us if you have any questions.
45. If you license a digital file, upon receipt of payment in full, you will be granted a non-exclusive, one-time license to use the image in a single publication in one medium only, with no other rights. Please see the "USE" section of this Agreement, below.
46. THE IMAGES ARE PROVIDED "AS IS." THE MAINE HISTORICAL SOCIETY, VMI, AND THE CONTRIBUTING PARTNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY IMAGE. THE MAINE HISTORICAL SOCIETY AND THE CONTRIBUTING PARTNERS SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
47. Copy Prints are intended for personal use only, such as for framing and displaying on a wall. Copy Prints may not be reproduced or distributed in any form. If you want to use an image for commercial uses, publication, or any use other than personal use, you must license a digital file.
48. The purchase form must be completed before any license or other permission to publish is granted. The Maine Historical Society and the contributing partners reserve the right to grant or deny any license or other permission to publish, in their sole discretion. It is your responsibility to read the purchase and use policies prior to making a purchase or license.
49. Use and/or licensing fees will be calculated before the Purchasing and Use Agreement is completed. The Purchase Form indicates your acceptance of all the terms and conditions of the Agreement, and must be completed before your order is submitted.
50. ALL RIGHTS NOT SPECIFICALLY GRANTED ARE RESERVED. Notwithstanding your purchase of a copy print or license of an electronic file, the contributing partner retains the copyrights to the image. Your use of the image other than as expressly set forth in this Agreement is prohibited and may constitute copyright infringement.
51. The license is valid only for the individual, company, or institution to who it is specifically issued and may not be transferred, assigned, sold, or otherwise distributed without written permission of the contributing partner. You may not: sublicense, re-license, rent or lease any of the images; copy or publish any of the images to a network or bulletin board, or otherwise distribute or allow any of the images to be distributed to or used by anyone other than the authorized users, without prior consent from the Maine Historical Society and the contributing partner.
52. The license is limited to the use and media as indicated by the applicant only, and excludes all other uses. You will have no right to reproduce the image or to publish it in any other format or medium either now known or to be invented. Any subsequent and/or additional use and reuse, in any form or media, requires that you obtain a new license to use the digital file.
53. Responsibility for observance of copyright and other publication rights, including literary rights, as defined by the Copyright Act of 1976, rests with you and not with the Maine Historical Society or the contributing partner. You agree to indemnify, defend, and hold harmless Maine Historical Society, the contributing partner, and their respective officers, directors, employees and agents, against any and all claims by third parties arising from or relating to the use of the image.
54. A credit line referencing the contributing partner must appear directly beneath the image published or reproduced. Or, for video and television, such credit must appear in the section devoted to acknowledgements. The proper citation for each image may be found on the full view page with the cataloging record. If you have questions regarding proper credit, contact the contributing partner.
55. Nothing may be superimposed over any image, and the images or parts of an image may not be altered in any way. This includes adding color to a black & white image or adding to or removing from the content of a photo. If a photo, graphic, or museum object is cropped in any way, the caption must include the word "detail".
56. Each contributing partner, and the Maine Historical Society, reserve the right to use the image and to license its use to others without limitation.
57. Any exceptions or additions to this Agreement must be requested in writing and be approved by contributing partner and the Maine Historical Society in writing prior to publication or use. Addresses for each contributing partner can be found with the cataloging info of each item they have contributed.
58. No modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, representatives and assigns.
59. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
60. This Agreement shall be governed by the laws in effect in the State of Maine, regardless of conflicts-of-laws principles. You hereby consent to the exclusive jurisdiction of the courts of the State of Maine and the federal courts situated in the State of Maine, in connection with any action arising out of or relating to this Agreement or your use of any copy print purchased or any digital file licensed from VMI.
61. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of such party's right to assert or rely upon any such provision or right in that or any other instance.
62. This Agreement is the complete and exclusive statement of the agreement between the parties and supersedes any other proposal, representation or other communication by or on behalf of either party relating to the subject matter hereof.
63. You acknowledge that, in the event of a breach of any of the foregoing provisions, the Maine Historical Society and the contributing partner will not have an adequate remedy in money or damages. They shall, therefore, be entitled to obtain an injunction against such breach or anticipated breach from any court of competent jurisdiction immediately upon request. The right to obtain injunctive relief shall not limit their right to seek any other remedies.
64. The Maine Historical Society and the contributing partners reserve the right to deny use of its collections to any party or parties for any reason, at any time.
SECURITY & PRIVACY
65. We collect billing, shipping and other necessary information when a user purchases a copy print or licenses a digital file from Vintage Maine Images. Required fields have been marked and must be completed before the order will be processed. Personal information will be saved to expedite your future transactions. Credit card information will only be saved if you request it, and is always encrypted for security.
67. Security is very important to us. We use the latest encryption technology to help ensure that your information is kept safe while in transit. We do not have access to your credit card numbers that you enter on the site. Only you can modify this information and read it with your secure login.
68. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. This Agreement shall be governed by the laws in effect in the State of Maine, regardless of conflicts-of-laws principles.
The Maine Historical Society
489 Congress St.
Portland, ME 04101
(207) 774-1822 (ph)
(207) 775-4301 (fx)
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