This is a legal agreement between you, the American Heritage Society (hereafter "AMERICAN HERITAGE"), and the museums and historical institutions (the “SUPPLYING INSTITUTIONS”) that have supplied images and data (the “CONTENT”) to the National Portal To Historic Collections (the “NATIONAL PORTAL”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE IMAGES IN THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE ANY OF THE CONTENTS OF THE NATIONAL PORTAL. BY USING THE NATIONAL PORTAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
OWNERSHIP OF THIS WEBSITE
You acknowledge that this website and its contents are owned and operated by AMERICAN HERITAGE. All elements of the website and all rights therein, including but not limited to the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property.
LIMITED PERMITTED USAGE OF CONTENT:
AMERICAN HERITAGE and the SUPPLYING INSTITUTIONS grant you a nontransferable, non-exclusive right to the CONTENT solely for personal uses. You agree not to sell, sublicense, re-license, rent, or lease any CONTENT, or any material derived from the images, either in whole or in part, or to otherwise make any advertising or commercial use of the CONTENT, or any material derived from the CONTENT, except as expressly agreed in writing by AMERICAN HERITAGE or the SUPPLYING INSTITUTIONS. Full credit and copyright information included with the CONTENT must remain with any image file.
Any additional use of the Images is subject to the rights selected and indicated by the Reproduction Manager of the SUPPLYING
INSTITUTIONS. To obtain rights for any additional uses of the CONTENT you must contact the Reproduction Manager or Permissions Department at the respective SUPPLYING INSTITITIONS.
RESTRICTIONS AS TO USE
Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
(a) Archive, republish or transmit any of the CONTENT on any database without prior written consent of AMERICAN HERITAGE or the
(b) Copy or publish any of the CONTENT to a network or bulletin board, or otherwise distribute or allow any of the CONTENT to be distributed to or used by anyone other than as permitted hereunder, without the prior written consent of AMERICAN HERITAGE or the SUPPLYING
(c) Use the CONTENT to promote a business that sells or licenses photographic images in any manner.
(d) Ship, transfer or export any of the CONTENT into any country or use any of the CONTENT in any manner prohibited by any export laws, restrictions or regulations.
(e) Use the CONTENT in any manner that would discredit or disparage AMERICAN HERITAGE or the SUPPLYING INSTITUTION or other owner of the CONTENT.
You agree to indemnify and hold AMERICAN HERITAGE, and the Owner of the CONTENT, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of any CONTENT or any breach of this agreement.
Without limiting the foregoing, AMERICAN HERITAGE gives no warranties with respect to the use of names, trademark, logotypes, copyrighted designs or copyrighted works of art depicted in any CONTENT, and any additional rights, consents or permission as may be required must be cleared by the user.
AMERICAN HERITAGE makes no representation or warranties that the use of the website will be uninterrupted or error free.
ACCESS TO THE AMERICAN HERITAGE WEBSITES
AMERICAN HERITAGE may change, suspend or discontinue any aspect of the AMERICAN HERITAGE websites at any time, without notice or liability. AMERICAN HERITAGE may also impose limits on certain features and services or restrict your access to parts or all of the AMERICAN HERITAGE websites at any time, without notice or liability.
DISPUTES OR CLAIMS
Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in the State of Maryland, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Maryland. If you are an agent for or an employee of a non-U.S. company that operates in a place of business in the United States or its territories or in Canada, you expressly agree that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.
If AMERICAN HERITAGE is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by you.
This agreement is not assignable or transferable by you.
This contract contains all the terms of the agreement between us (AMERICAN HERITAGE and you) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. You confirm that you have the right to enter into this Agreement on behalf of yourself and any company on whose behalf you are accessing the AMERICAN HERITAGE websites. The terms of this Agreement and the terms of any subsequent invoice supersede any and all terms of any purchase order submitted by you.