Window Back Gallery: New Bedford Whaling Museum Image Archive

Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement.

This agreement applies to you and, if you are using this website on a client, customer or employer's behalf, to you, your employer and your client(s). We (Old Dartmouth Historical Society and New Bedford Whaling Museum) reserve the right to change this Agreement at any time without further notice. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images listed under this domain, you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.

Use of this Site

This site is owned and operated by Old Dartmouth Historical Society and the New Bedford Whaling Museum. All images and related informational materials in any medium provided by Old Dartmouth Historical Society and the New Bedford Whaling Museum hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Old Dartmouth Historical Society and the New Bedford Whaling Museum. All Images are protected by U.S. and international copyright laws.

Old Dartmouth Historical Society and the New Bedford Whaling Museum allow you to search for, view, and use Images only as permitted below. If you have registered for, and have been approved for, an account, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. Old Dartmouth Historical Society and the New Bedford Whaling Museum reserve the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your use upon written notice from Old Dartmouth Historical Society/the New Bedford Whaling Museum. All rights not specifically granted under this Agreement are reserved to Old Dartmouth Historical Society and the New Bedford Whaling Museum.
We do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.

Old Dartmouth Historical Society and the New Bedford Whaling Museum may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this Agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Old Dartmouth Historical Society and the New Bedford Whaling Museum may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Old Dartmouth Historical Society and the New Bedford Whaling Museum.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.
You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Old Dartmouth Historical Society and the New Bedford Whaling Museum or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Old Dartmouth Historical Society and the New Bedford Whaling Museum make reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the images uploaded is entirely on the photographer's side, he/she being the one who holds all copyrights over the content of all shots, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.

Registering For An Account

To obtain access to our Images as well as upload any Images, you have to apply for an account and you agree to provide complete, true and accurate information in the application process. Old Dartmouth Historical Society and the New Bedford Whaling Museum reserve sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by Old Dartmouth Historical Society and the New Bedford Whaling Museum. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Old Dartmouth Historical Society/the New Bedford Whaling Museum of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Old Dartmouth Historical Society/the New Bedford Whaling Museum of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Old Dartmouth Historical Society or New Bedford Whaling Museum account or web site or related services.

Children

Children [under the age of eighteen (18)] are not to use this website unsupervised and we ask that children do not register with, engage in transactions with, or submit any personal information to, this website. By using this website unsupervised and/or registering with, engaging in transactions with, or submitting personal information to, this website, you warrant that you are eighteen (18) years of age or older.
Images
Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).

Use of Watermarked Images

Conditional upon your compliance with this Agreement, Old Dartmouth Historical Society and the New Bedford Whaling Museum grant you a limited license to download Watermarked Images solely for evaluating whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Licenses to use Watermarked Images are limited to thirty (30) days in duration. Except for the above-described limited, internal testing and sample use, Old Dartmouth Historical Society and the New Bedford Whaling Museum grant you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

License of Use of Non-Watermarked Images and Restrictions

After purchase, the following license for using our imagery is given to the account owner. This license can be used only by the account owner or his/her/its employees for the account owner's clients/customers and cannot be transmitted to another party.

The Non-Watermarked, high or ultra-resolution images that you obtain may be used to make fine art prints, on a web site, in a magazine, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please contact us. When producing a website you agree to provide the web address and if applicable a password. When producing printed matter you agree to supply the following information when applicable within a reasonable timeframe: title, publishing date, publisher, author/editor.

Web usage requires the customer to supply the URL(s) where Window Back Gallery image(s) will be posted. This address is to be supplied via email to customer service at info@windowbackgallery.org.

Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, mouse pads or any other items incorporating the image in an essential manner, intended to be sold or given for free, are considered redistribution (if the image is used in an essential manner). The re-distribution of our images and the use of our images for the aforementioned purposes is not permitted. It is also forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels.

If you use the images for printed materials, the number of copies must not exceed 3,000,000. You may modify the images in any way required for reproduction, or include them in your own personal creations.

None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party.

Buying the high-resolution image (purchasing the license for a Non-Watermarked Image) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. We ask that you credit the New Bedford Whaling Museum and the artist/photographer when you use an image. Also, if the description of the image specifies that you must display a copyright line, you may use the image only if you can provide such credit.

Any license granted through this website will further be governed by the Window Back Gallery License Agreement, the terms of the invoice from Old Dartmouth Historical Society/New Bedford Whaling Museum/Window Back Gallery, and any applicable specific content web page.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark, for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Old Dartmouth Historical Society and the New Bedford Whaling Museum to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Old Dartmouth Historical Society and the New Bedford Whaling Museum’s rights or remedies in connection with any unauthorized use.

Sensitive Subjects

Any license granted by Old Dartmouth Historical Society/the New Bedford Whaling Museum shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Old Dartmouth Historical Society/the New Bedford Whaling Museum's separate written agreement. You must contact Old Dartmouth Historical Society/the New Bedford Whaling Museum for additional information prior to any use of an Image with any sensitive topic.

Releases/Clearances

The rights Old Dartmouth Historical Society and the New Bedford Whaling Museum grant you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Old Dartmouth Historical Society and the New Bedford Whaling Museum make no representations or warranties that they own or license any rights, nor do Old Dartmouth Historical Society and the New Bedford Whaling Museum grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Old Dartmouth Historical Society and the New Bedford Whaling Museum make no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Old Dartmouth Historical Society and the New Bedford Whaling Museum. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.

If an Image is designated as model-released, it means that the person(s) included in the Image has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. If Old Dartmouth Historical Society and the New Bedford Whaling Museum erroneously advise you that an Image is model-released when it is not, Old Dartmouth Historical Society and the New Bedford Whaling Museum 's liability shall be limited to the amount you paid Old Dartmouth Historical Society/the New Bedford Whaling Museum for the use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Old Dartmouth Historical Society/the New Bedford Whaling Museum is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Old Dartmouth Historical Society/the New Bedford Whaling Museum with proof of such releases and permissions upon request.

Refund Policy

You may submit, for Old Dartmouth Historical Society/the New Bedford Whaling Museum’s consideration, a request for a refund of your purchase within 30 days from the purchase date. Note that Old Dartmouth Historical Society/the New Bedford Whaling Museum will consider your request only if you are able to immediately remove all images used in different designs. In addition, you must provide a reason for your request, which such reason shall be considered when Old Dartmouth Historical Society and the New Bedford Whaling Museum determine whether you are eligible for a refund.

If you have downloaded an image that is not usable or is of poor quality, please contact Old Dartmouth Historical Society/the New Bedford Whaling Museum for a refund of all credits used for downloading the image. If you are not able to download an image, we will refund the credits, provided that Old Dartmouth Historical Society and the New Bedford Whaling Museum determine that you have been unable to download the image successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email Old Dartmouth Historical Society/the New Bedford Whaling Museum for a full refund of the extra credits.

Indemnification

You agree to indemnify, defend, and hold harmless Old Dartmouth Historical Society, the New Bedford Whaling Museum, and their directors, trustees, officers, agents, employees, licensors and licensees against all claims (including, without limitation, third party claims), liability, damages (including, without limitation, punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or modification of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, your failure to obtain from third parties all permissions necessary to use Images, any claim by a third party related to the use or modification of an Image, alone or in combination with any other material, or any act or failure to act committed by you or any of your employees, agents, contractors, clients, or customers.

Disclaimers

OLD DARTMOUTH HISTORICAL SOCIETY AND THE NEW BEDFORD WHALING MUSEUM PROVIDE YOU WITH THIS SITE AND ITS IMAGES ON AN “AS IS” BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER OLD DARTMOUTH HISTORICAL SOCIETY AND THE NEW BEDFORD WHALING MUSEUM NOR THEIR DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY, FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT CLAIM, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL OLD DARTMOUTH HISTORICAL SOCIETY AND THE NEW BEDFORD WHALING MUSEUM OR THEIR DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS ' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Consequences of Copyright Infringement

Old Dartmouth Historical Society and the New Bedford Whaling Museum may terminate the accounts of users who infringe the intellectual property rights of others.

No Waiver / Severability

No action of Old Dartmouth Historical Society and the New Bedford Whaling Museum or their directors, trustees, officers, agents or employees, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Digitally signed by Old Dartmouth Historical Society by its President, Anne B. Brengle.