Terms of Use of the Collections Database

The searchable database feature at http://collections.starkculturalvenues.org/collections (“Collections Database”) is one functionality on the official website for the Stark Museum of Art (“Museum”) located at https://starkmuseum.org/ (“Site”). Both the Site and the Collections Database on the Site are owned and operated by the Nelda C. and H.J. Lutcher Stark Foundation (“Foundation” or “Organization”) located in Orange, Texas.

This Terms of Use (“Agreement”) constitutes a valid, binding contract between you (as the user of the Site and/or the Collections Database) and the Organization. The features, functionalities, elements and/or services of the Museum Site, including the Collections Database materials and components, are provided subject to your compliance with the terms of this Agreement. Your access and use of the Collections Database demonstrates and constitutes your acceptance of the Terms of Use that comprise this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and the Organization. Please print a copy of this Agreement for your records.

Access to and use of the Site and its contents are subject to and governed by the terms and conditions set forth in the Terms of Service Agreement and separate Privacy Statement located at https://starkmuseum.org/legal/ (the “Site Use Terms”), the terms of which are incorporated by reference in their entirety as if stated verbatim in this separate Terms of Use Agreement for the Collections Database.

The Organization grants you a limited, personal, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer. The Organization further grants you a limited personal, revocable, non-transferable, and non-exclusive license to use the object code of the Collections Database on a single computer.

Please carefully read the Site Use Terms as well as the following specific terms and conditions of the Collections Database (“Collections Database Additional Terms”). By accessing, browsing, and/or utilizing the Collections Database, you fully acknowledge that you have both read and understand all text presented to you as part of the Collections Database Additional Terms and that you will accept and will comply with all provisions of the Terms of Use Service Agreements for both the Site and the Collections Database.

The Museum provides the Collections Database as an educational resource for the public for limited non-commercial, scholarly, and personal use. Works in the Organization’s collection are presented with basic information consisting of artist, date, and media. When available, an image of the work is displayed.

Text, images, and other content (collectively, “Materials”) in the Collections Database are available to view and be used without modification for educational or personal purposes only; commercial use is strictly prohibited. Examples of permitted usage include but are not limited to: academic papers or research not meant for publication; classroom use by educators; and non-commercial scholarly presentations. Limited use of Materials in which the Organization holds the copyright is permitted for educational or personal purposes, provided that attribution/credit is made to the Stark Museum of Art in a manner that does not suggest the Organization or the Museum endorses you or your use.

All text, images, and technology remain the property of the Organization (or of third parties and used by permission) and are in all cases protected by copyright. The Organization grants permission only for the use of Materials in which the Organization holds the copyright and only for the specific purposes stated in the Collections Database Additional Terms, which exclude commercial use.

You may download or print Materials from the Collections Database, provided that only a single copy is downloaded or printed; that any Materials are not modified in any way; and that any copyright, trademark, or other proprietary notices originally included with the Materials by the Museum in the Collections Database are not removed. Unauthorized use, including reproduction, transmission, distribution, exploitation, or display of any of the Materials from the Collections Database or the Site for personal or commercial gain is prohibited and could infringe on the rights of third parties.

Commercial or editorial use of the Materials in the Collections Database (including any kind of reproduction or distribution) is expressly prohibited without prior written permission from the Museum. Written permission for such use may be granted at the sole discretion of the Museum on a case by case basis following receipt of written request by an applicant. There may be a usage fee involved depending on the nature and type of the proposed use, and third-party copyright holders may also need to be contacted for permission. It is the responsibility of the applicant to obtain permission from any third-party copyright owner or administrator. For information on requesting images for reproduction or for questions regarding permission requests, please see Rights & Reproductions.

No warranties are provided. This license may not give you all of the permissions necessary for your intended use; additional permissions may be required. Other rights such as publicity, privacy, or moral rights may limit how you use the Materials. You are not required to comply with the license for elements of the Materials that may be in the public domain or for which your use is permitted by applicable exception or limitation, such as fair use and fair dealing.

A copyright exists in nearly all text, images and artwork. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of a copyright.

The Organization respects and is committed to protecting the intellectual property rights others, including authors and creators of written works and visual images, so it asks that users of the Collections Database do the same. All Materials on the Site and in the Collections Database are protected by U.S. and international copyright laws, and the handling of such items follow guidelines established by the Association of Art Museum Directors (AAMD). Through the protection of Fair Use under the Copyright Act of 1976 (Title 17 U.S.C. Sec. 107), the Organization is able to place low-resolution, smaller-scale images of works of art for which it does not hold the rights on this Site as part of the Collections Database. These images are for limited use as stated in the Scope of Use section of this Agreement and follow guidelines for digital collection images in a searchable online collection of images as provided by the AAMD.

In many instances, the Organization may own only the tangible/physical object. Copyrights and other proprietary rights in Materials in the Collections Database may be held by individuals or entities (or their assigns) other than, or in addition to, the Organization. Unauthorized use, including reproducing, transmitting, distributing, modifying, exploiting, or displaying, of any Materials on the Site or the Collections Database is prohibited, except for fair use purposes as set forth in applicable laws and in the Scope of Use above.

The Organization does not warrant that the use of the Materials displayed on the Collections Database on this Site will not infringe on the rights of third parties, such as artists or artists’ heirs holding the rights to these works. Further, the Organization does not assume any responsibility for intellectual property, copyright, or any other legal issues involved in the publication and reproduction of Materials in its collection for which the Organization owns only the physical work or art object. It is your responsibility to determine and satisfy copyright or other use restrictions for the copyright owner or administrator before copying, transmitting, or making other use of protected Materials beyond that allowed by “fair use,” as such term is understood under the United States Copyright Act. Any or all royalty payments or other requirements specified by the copyright owner are your responsibility.

In the absence of an applicable exception or of written permission by an authorized representative of the Organization, the Organization expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of any of the Materials on the Collections Database or on the Site generally.

The Museum or the Organization may, in appropriate circumstances and at its discretion, remove, disable and/or terminate access to any Materials on or linked to or from either the Collections Database or from the Site that it suspects to be infringing upon a third party’s intellectual property rights or other rights. If you believe that Materials posted on or linked to or from this Site by the Museum or by any other party are infringing, please follow the procedures set forth in the Organization’s Digital Millennium Copyright Act notice policy, which is set forth in the Site Use Terms (http://www.copyright.gov/reports/studies/dmca/dmca_executive.html).

If you have any questions, you should consult a lawyer who specializes in copyright law.

Records pertaining to the Materials have been compiled from historic documentation and may or may not have been reviewed by Museum curatorial staff prior to online posting as part of the Collections Database. Collections research and management projects are ongoing, and electronic records and information may be updated, revised or enhanced as needed. The Museum has made every effort to acknowledge copyright holders in the display of object data. Please contact the Museum for reproduction requests, questions or additional information.

The Museum strives to maintain accurate information on this Site and the Collections Database. However, the Museum reserves the right to change information without notice and is not responsible for costs or grievances that may be incurred by or result from such changes.

Without limiting the foregoing, all materials on the Collections Database 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. Neither the Organization nor the Museum assumes responsibility, nor will either entity be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site or the Collections Database or your downloading of any Materials from the Site or the Collections Database.

Copyright © 2016 Nelda C. and H.J. Lutcher Stark Foundation. Some rights reserved.