Amigos del Museo del Barrio ("El Museo") provides www.elmuseo.org and related features (referred to collectively herein as the "Site"), in support of its charitable and educational mission to further the understanding and appreciation of Latino art and culture by the general public. We encourage you to use the Site as a research and information tool, subject to the specific terms and conditions of use (the "Terms and Conditions of Use") set forth below.
Please note that the use of this Website (www.elmuseo.org) constitutes your agreement to abide by the Terms and Conditions of Use set forth below. El Museo reserves the right to update or modify these terms at any time, which revisions shall be binding on you. If you do not wish to be bound by the Terms and Conditions of Use, please exit the Site now and refrain from further use.
The text, images, and data on the Site are protected by copyright and may be covered by other restrictions as well. El Museo 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, El Museo.
The Materials are made available for limited non-commercial, educational and personal use only, or for fair use (“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 www.elmuseo.org.
Copying or redistribution of the Materials in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited
El Museo 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 El Museo. For example, some works may be under copyright by the artist or the artist's heirs holding rights to these works. 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.
Many of the names, titles, building images, trademarks, service marks and logos that appear on the Site are registered and unregistered marks of El Museo, including but not limited to El Museo del Barrio, El Museo and El Museo del Barrio New York (collectively, “El Museo Trademarks"). Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any El Museo Trademark displayed on the Site without the express written permission of El Museo. Any unauthorized use of the El Museo Trademarks, or of any other Materials, except as authorized in these Terms and Conditions of Use, is strictly prohibited.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without the prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, any right or license to use any such trademark or may be construed to mean that El Museo has authority to grant any right or license to use such trademark on behalf of any third-party trademark owner.
3. NO WARRANTY
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, AND/OR NON-INFRINGEMENT. El Museo assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Site or your downloading of any Materials from the Site.
El Museo has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or other sites linked to the Site. Your linking to any off-site pages or other sites is at your own risk.
4. LINKS TO OUR SITE
El Museo appreciates the interest of others in linking to our Site. If you arrive at our Site from a third-party link, please note that a link to our Site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your site to our Site, please note the following rules:
a) You must use the name El Museo or the URL www.elmuseo.org, to identify the link;
b) You may not use the El Museo logo or building image without express permission from El Museo. These are reserved for entities who are professionally associated or affiliated with us
5. LINKS FROM OUR SITE
In using the Site, you may find that El Museo provides hyperlinks to one or more third party Web sites (the "Linked Sites"). El Museo provides these links as a convenience for you and other users but is not responsible for the content or links of the Linked Sites. In most instances, such links represent cooperative projects or endeavors established with El Museo's business affiliates, allies, sponsors, licensees or other organizations or individuals who have a significant connection to our mission and programs. Although El Museo expects such links to be reputable, relevant and reliable, we do not actively monitor or control the content or links of the Linked Sites, which may continuously change. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from our Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies or business practices.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
For purposes of the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512), El Museo has designated an agent for notices of claimed infringement. If you have any objections consistent with the provisions of this law, please note the following contact: Georgina Nichols, Interim Director, Tel.: (212) 831-7272. El Museo provides the above contact information for purposes of the DMCA only and reserves the right to respond only to communications that are relevant to this purpose.
7. DISCLAIMER OF WARRANTIES
EL MUSEO PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. EL MUSEO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND /OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. EL MUSEO DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE OR ERROR- FREE SERVICE. EL MUSEO MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE . EL MUSEO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DATA , OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, WHETHER DUE TO A COMPUTER VIRUS OR OTHERWISE.
8. LIMITATION OF LIABILITY
NEITHER EL MUSEO, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, NOR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND /OR COMPILATION.
9. PROTECTION OF PRIVACY
10. BEYOND FAIR USE: Special Permission for Educators
El Museo recognizes that not every educational use qualifies for Fair Use or another legislative exemption. In order to further support the work of teachers and other educators, in accordance with our own charitable and educational mission, we therefore consent to the following additional uses of our Site:
a) Subject specifically to the rights of third parties (which are entirely the responsibility of the user), El Museo consents to the reproduction, distribution, display, transmission, performance and use of the Content and Compilation by individual teachers and other educators if done for the limited purpose of classroom or workshop instruction (including online instruction) in a school, El Museo or other educational organization; provided, however, said organization is a not-for-profit corporation and provided, further, that the Content and Compilation are not sold or otherwise commercially distributed. This provision does not apply to corporations who package, prepare, or sell educational materials for teachers and educators.
b) Unless otherwise noted on the Web page, no express permission is required by El Museo for a Limited Educational Exception, but two conditions apply: 1) No modifications may be made as to the integrity or attribution of the Content and Compilation; and 2) All copies of the Content and Compilation must bear accurate identifying information, including proprietary collection information, credit lines, copyright and trademark notices, and a citation to the Site: www.elmuseo.org
11. PRESS USE
El Museo provides a dedicated page on the Site for members of the press. Except where noted otherwise, photographs, images, press releases and articles that appear on these pages may be downloaded, reproduced and published (and in the case of text-based materials, translated) by members of the press for the sole purpose of creating or supporting timely news stories related to El Museo and the exhibitions, programs and events covered in the Press Materials in newspapers, magazines, Web publications, television or other media. Use of the Press Materials for any other purpose requires the additional, prior permission of El Museo and may also require the additional, prior permission of third-party rights holders, which permission is the sole responsibility of the press user. Press Materials may not be downloaded, reproduced, or published by commercial stock houses or archives under any circumstances.
To the extent you choose to use subsets of information from the Press Materials, you agree that your use will not compromise their original context, accuracy and integrity. Photographs and other images must be reproduced in their entirety; you may not crop or otherwise alter them.
All Press Materials must include the identifying information provided by El Museo, including proprietary collection information, credit lines, copyright and trademark notices, if any.
12. REQUESTING PERMISSION
If your proposed use of El Museo Trademarks or Content does not meet the conditions for Fair Use or another legislative exemption, Special Permission for Educators or Press Use, you must request and obtain express permission from El Museo. Please be advised that El Museo is selective in granting such permission, and when we do grant permission we generally impose a fee. All fees collected by El Museo are used to further El Museo's educational programs and not-for-profit mission.
13. RESERVATION OF RIGHTS
All rights not expressly granted by El Museo herein are specifically and completely reserved. Nothing on the Site or in these Terms and Conditions of Use grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that El Museo has authority to grant any right or license on behalf of any third party.
14. WARRANTY AND INDEMNIFICATION
By using this Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions of Use, including Fair Use and the Limited Educational Exception noted. You agree to indemnify, defend and hold El Museo harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses and damages arising from or relating to your use of the Site.
15. SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions of Use 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 any such invalid term or condition shall be validly conformed by the court to as nearly as possible approximate the intent of the parties as reflected in the provision, and if not able to be so conformed, shall be severed and deleted from these Terms and Conditions of Use. El Museo's failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision unless agreed to in writing by El Museo.
16. ENTIRE AGREEMENT
These Terms and Conditions of Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of the Terms and Conditions of Use must be effected by an instrument in writing signed by the parties.
17. REVISIONS TO TERMS AND CONDITIONS OF USE
El Museo may at any time revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions of Use.