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Terms of Use

The Museum at FIT, a division of the Fashion Institute of Technology, has created and maintains The Museum at FIT (MFIT) websites in order to provide information about the Museum, including exhibitions, collections, events, visiting information, and artistic and scholarly information and resources. By accessing and using these websites and their content you are agreeing to comply with and be bound by the following terms, which MFIT may change at any time

Copyright
All of the text, images, marks, logomarks, audio, video, and other content of The Museum at FIT websites are proprietary to MFIT and protected by intellectual property laws and may be covered by other restrictions as well. The Museum at FIT retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in all websites. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, MFIT. All parties downloading, printing or using the websites in any manner, represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

Fair Use is Permitted
Except as may be otherwise indicated in specific documents within the websites, The Museum at FIT authorizes you to view, play, print, forward, and download documents, audio, and video found on our websites for personal, non-commercial, educational, or fair use purposes as defined in the United States copyright laws. You may not modify any of the websites and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or materials contained on the Museum websites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the websites. Users must, however, cite the author and source of the website content as they would material from any printed work, and the citations should include the URL www.fitnyc.edu/museum.

The Museum web content may be used for educational and personal use that is non-commercial in nature, as outlined by Fair Use in title 17 of the United States Code (17 U.S.C § 107), as long as all copyright and proprietary notices are maintained and materials are appropriately cited.

Fair Use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, news reporting, and other content. Unless otherwise noted, users who wish to download or print text and image files from the Museum website for such uses may do so without MFIT’s express permission, provided that they comply with the following conditions:

  1. The content may only be used for personal, educational or noncommercial purposes;
  2. Users must cite the author and source of the web content as they would material from any printed work;
  3. The citation must include all copyright information and other information associated with the content and the URL for the MFIT website;
  4. None of the content may be altered or modified;
  5. Users must comply with all other terms or restrictions which may be applicable to the individual file, image, or text

For more information on Fair Use please visit the U.S. Copyright Office’s Fact Sheet on Fair Use: http://www.copyright.gov/fls/fl102.html.

Commercial Use is Restricted
Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending, or storage in any retrieval system of the Museum’s website content is prohibited without the consent of The Museum at FIT. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Museum websites and its content. Our Frequently Asked Questions may assist you in interpreting permitted uses in these Terms and Conditions.

Rights and Reproductions
Anyone wishing to use any of MFIT’s website content (files or images) for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from The Museum at FIT. Permission for such use is granted on a case-by-case basis at the sole discretion of MFIT. A usage fee may be assessed depending on the type and nature of the proposed use. Please review the Rights and Reproductions section of our website to get detailed information and instructions on how to request permission for use of images from the MFIT collections.

Trademark
We thank you for your interest in linking to our site. The MFIT’s online logomark may be copied and displayed for the sole purpose of linking to MFIT's website from websites operated by other non-profit educational and cultural organizations and institutions, including libraries and museums. Any other use requires specific written permission. Contact us at mediamanager@fitnyc.edu. In order to use MFIT’s logomark for these limited purposes, please carefully read these terms and conditions of use.

Terms and Conditions of Use
By displaying, copying, or using MFIT’s online logomark you are agreeing to the following:

  1. Your use of MFIT’s logomark is to facilitate a link from other not-for-profit educational and cultural institutions and organizations to MFIT’s website.
  2. You will make no alterations to the appearance of the logomark.
  3. All displays and uses of the MFIT logomark online will link to the MFIT web pages. No change may be made to the technical existence of the logo. The file type may not be altered. You may not use the logomark in conjunction with scripts (such as java or cgi) that in any way alter ? even momentarily, as on mouse-over ? its appearance.
  4. You will specify the URL where the logomark will be used as well as the start date and duration of its use.
  5. You shall not use MFIT’s name or any language, pictures, or symbols which could, in the Museum's judgment, imply The Museum at FIT's endorsement in any
    (i) written or oral advertising or presentation, or
    (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
  6. You will display or use the logomark in conformance with the permission granted by MFIT and only in connection with goods and services of the same high quality as is associated with MFIT.
  7. MFIT reserves the right to revoke this permission at any time and you agree to immediately remove the logomark from your website if requested.

Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Museum websites, the Museum websites, or through voice computer systems is expressly prohibited by these terms of use. Any such unauthorized use of our computer systems is a violation of these terms of use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Museum’s websites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials

Blog/s
The Museum at FIT may provide blog/s for the exchange of ideas and information. By posting comments to an MFIT blog you agree to avoid abusive language and refrain from posting any content that infringes upon any third party's rights, including privacy, copyright, trademark, or patent. All comments are posted immediately upon receipt. We reserve the right to modify or delete comments we find to be inappropriate or offensive or not related to the topic. We will not correct spelling, grammar, or factual errors but we may comment on them. We hope you share your thoughts with us. Please note: We may discontinue our blogs at any time. We do not have the ability to remove comments upon your request. By submitting comments, you acknowledge that they will be posted immediately on the World Wide Web. You agree we have the right to quote from your comments in all media now known and hereinafter devised.

Social Network Sites
The Museum at FIT may maintain a presence on one or more social networking websites, such as Facebook. By posting comments to an MFIT social network website you agree to avoid abusive language and refrain from posting any content that infringes upon any third party's rights, including privacy, copyright, trademark, or patent. All comments are posted immediately upon receipt. We reserve the right to delete comments we find to be inappropriate or offensive or not related to the topic. We will not correct spelling, grammar, or factual errors but we may comment on them. We hope you share your thoughts with us. Please note: by submitting comments, you acknowledge that they will be posted immediately. You agree we have the right to quote from your comments in all media now known and hereinafter devised.

Terms and Conditions for MFIT’s Flickr™ uploads
Your photo submission must be of you or your work and no larger than 2MB (about 1000 pixels on the longest side). Do not use copyright-protected material unless given express permission from the copyright holder.

Access and Interface
You agree that you will not use any robot, spider, scraper, or other automated means to access the Museum websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Museum websites; or (iii) bypass any measures we may use to prevent or restrict access to the Museum websites.

Force Majeure
Neither The Museum at FIT nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy Policy
The Museum at FIT is committed to protecting the privacy of its online guests, members, donors, and friends. We do not collect personally identifiable information about individuals—such as their names and postal and/or email addresses—except when it is knowingly provided by such individuals. The terms of this privacy policy shall govern all interactions with the Museum through either the Museum's websites or email. By using the Museum's websites or communicating with the Museum by email, you agree to the terms of this privacy policy. For more information, please review MFIT's Privacy Policy.

Disclaimer
Your use of and browsing of the Museum websites are at your own risk. EVERYTHING ON MFIT WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. The Museum at FIT makes no warranties or representations regarding the information contained on its websites, and specifically disclaims any warranty as to the suitability, reliability, timeliness, or accuracy of the information contained on its websites for any purpose. MFIT does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Museum websites or the server that makes such materials available are free of viruses or other harmful components. The Museum at FIT does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not MFIT) assume the entire cost of all necessary servicing, repair, or correction.

Indemnification
You agree to defend, indemnify, and hold The Museum at FIT and its parent organization, The Fashion Institute of Technology, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Museum websites or the Internet or the placement or transmission of any message or information on its websites by you or your authorized users.

Limitation of Liability
The Museum at FIT does not assume any responsibility or liability for any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing its websites, or your downloading of any information or materials from its websites.

Applicable Law and Jurisdiction
The Museum at FIT websites are created and controlled by MFIT in the State of New York. These disclaimers, terms, and conditions of use are governed by the laws of the State of New York. Although MFIT has made no effort to publish the Museum websites elsewhere, they are accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. By using the Museum websites, you hereby consent to the exclusive jurisdiction and venue of courts in New York City, New York in all disputes arising out of or relating to the use of the Museum websites. These terms and conditions are the entire agreement between the user and The Museum at FIT and supersede any prior understandings or agreements (written or oral). If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. The Museum at FIT 's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Links
The Museum at FIT's websites may contain links to websites operated by parties other than MFIT. Such links are provided for your reference and convenience only. MFIT does not control such websites and is not responsible for their contents. MFIT’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Your linking to any off-site pages or other sites is at your own risk.

Termination
You or we may suspend your use of the Museum websites at any time, for any reason or for no reason. We may also block your access to our websites in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

Suggestions
All suggestions received through our websites become the sole property of The Museum at FIT. Should a suggestion be implemented, The Museum at FIT is under no obligation to provide compensation.

Contact
For questions regarding our terms of use, please contact:
Museum Media Manager
Museum at FIT
227 W. 27th
New York, NY 10001-5992
mediamanager@fitnyc.edu

Last Updated: April 24, 2009

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