Terms and conditions of use

Date of last revision: January 27, 2016

Welcome to the Fitz Henry Lane Online website located at www.fitzhenrylaneonline.org, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the “Site”), operated by the Cape Ann Museum and its affiliates (collectively, “us”, “we” or the “Museum”). By accessing or using the Site, you (“you” or “user”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

Please read this Agreement carefully. This Agreement sets out the legally binding terms of your use of the Site. Your use of the Site constitutes your understanding, acceptance and agreement to these Terms of Use.  If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site.

1. Content:  All content on the Site, including images, designs, text, graphics, information, software applications, and other files and their selection, coordination and arrangement (the "Content") are the proprietary property of the Museum, its users or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Company's prior written permission. The Content on the Site is protected by copyright and may be covered by other restrictions as well. Copyright is held by the Museum and other proprietary rights may be held by individuals and organizations other than the Museum. All users agree to comply with applicable laws, including copyright laws, regardless of jurisdiction.

Users must cite the author and source of the Content as they would material from any printed work, and the citations should include the URL “www.fitzhenrylaneonline.org.” Content under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.

2. Non-commercial uses: Subject to these Terms of Use, you are granted a limited license to access and use the Site and the Content solely for limited non-commercial, educational, and personal use. Commercial use of the Site and its Content are strictly prohibited. Examples of prohibited uses include reproducing Content in a publication; posting or sharing Content on an unrestricted website or in a publication made available on the Internet without access restrictions; uploading or republishing Content on any Internet, Intranet or Extranet site; or incorporating the Content in any other database or compilation. Use of any data mining, robots, scraping or similar data gathering or extraction methods is not permitted. Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of the Museum, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

3.  Liability: The Site and its Content are provided on an “as is” basis. The Project disclaims any liability and makes no warranties with respect to any errors or omissions in the Site and/or its Content. The views, findings, conclusions or recommendations expressed in the Site do not necessarily represent those of the Museum or its funders, including the Institute of Museum and Library Services.

The Museum has not reviewed all of the sites linked to the Site and is not responsible for the content of any off­site pages or other sites linked to the Site. Linking to any off­site pages or other sites is at the user's risk.

We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any User or any other person related to or resulting from use of the Site, viewing, playing or downloading any materials on or from the Site. Except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site.

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Site. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site, even if we have been advised of the possibility of such damages. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

4. Privacy Policy: The Museum is committed to protecting the privacy of online users. We do not collect personally identifiable information about individuals—such as names or postal / e­mail addresses— except when that information is knowingly provided by such individuals. This privacy policy applies only to use of the Site and does not apply to any other website.

The Project and the Museum will not sell, trade, or rent the personal information you provide us. We may compile and provide aggregate statistics about our visitors, traffic patterns, and related site information, but these statistics will not include any personally-identifying information. We may share the personal and aggregate information we collect with our affiliates and other sites operated by and for us. On a confidential basis, we may also share personal information with our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf (such as general administration purposes for the Site). We may elect to share aggregate information with third parties for advertising and promotional purposes. If all or part of the Museum is sold, merged or is otherwise transferred to another entity, the information you have provided on or through the Site may be transferred to such entity as part of that transaction. We may also disclose personal information in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of the Site if we believe that a user has committed unlawful or otherwise harmful acts.

The IP addresses of our users are collected only for the purposes of system administration and to report aggregate information to our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf. We do not combine IP addresses with any personally identifying information, nor do we compile any session activity reports by IP address.

We use cookies to help us see which areas are popular and which are not. This helps us to improve and update the Site based on such data as total number of users and pages viewed. This information is most easily tracked with cookies. A cookie allows us to store the personal preferences that you set during each visit to the Site, which in turn allows us to speed up your future activities at the Site. During future visits to the Site, we will only read and retrieve information that we set in a cookie during an earlier visit to the Site. Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site will not function properly if you do so.

E-News: As a service, the Museum offers members, donors, friends, and on-line visitors the opportunity to subscribe to our online news bulletins, a service hosted by Constant Contact, which has agreed to use the e-mail address you provide only to send our e-newsletter to you. You may choose to unsubscribe at any time by following the instructions included on each e-newsletter.

This Site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Site is operated in the United States.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS SITE. 

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

We hope you will read this privacy policy carefully in order to clearly understand both our commitment to your privacy and our method of collecting and using information.

5. Catalogue Raisonné Information: The Site operates as an online catalogue raisonné of all of the known paintings, drawings and lithographs, as well as all corresponding existing scholarship, of and concerning Fitz Henry Lane (the “Catalogue Raisonné”).  The Fitz Henry Lane Online project (the “Project”) includes a group of individuals who have been designated by the Museum in its sole discretion as experts of the works of Fitz Henry Lane (“Lane”) to render opinions and to make determinations thereon of what works will be included in the Catalogue Raisonné and attributed to Fitz Henry Lane. Such opinions are subject to change over time, and no advice or information, whether oral or written, obtained by you from the Project or from or through the Site shall create any warranty not expressly stated herein. (Please review the Submission Agreement for more information.)

6. Terms of Use are Subject to Change: The Museum may change these Terms of Use or any aspect of the Site, at any time and at its sole discretion, without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms of Use or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. The most updated Terms of Use will be posted on the Site.  It is your responsibility to regularly review the complete Terms of Use to remain apprised of any changes. You agree that the Museum shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any.

7. Miscellaneous: This Agreement and any notices regarding the Site sent to you or posted on the Site, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

8. Contact Information: If you have any questions regarding this Terms of Use, please contact:

fhlonline@capeannmuseum.org

We will attempt to respond to your questions or concerns promptly after we receive them.