Please read the following Terms and Conditions of Use carefully before using the ICAA Documents Project Digital Archive. If you do not agree to these Terms and Conditions of Use, you may not access or use the Digital Archive. By accessing and using the Digital Archive, you agree to be legally bound by these Terms and Conditions of Use.
The Museum of Fine Arts, Houston (“MFAH”), through its International Center for the Arts of the Americas (“ICAA”), reserves the right to modify these Terms and Conditions of Use at any time without prior notice. Users are bound by any modifications and shall periodically review the Terms and Conditions of Use. Failure to comply with the Terms and Conditions of Use may result in denial of access to and use of the ICAA’s Documents Project Digital Archive (“Digital Archive”), and in other legal remedies.
While the ICAA uses reasonable efforts to include accurate and up-to-date information on its website (“Website”), the ICAA makes no representation or warranties as to its accuracy. The ICAA assumes no liability or responsibility for any errors or omissions in the content of the Website. Use of and browsing the Website is at your own risk. Neither the ICAA, the MFAH, nor any other party involved in creating, producing, delivering, or maintaining the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website.
Users seeking to access the Digital Archive shall register with the ICAA to become an Authorized User of the Digital Archive (hereinafter, an “Authorized User”). Only Authorized Users shall be permitted to download or print any text or image from the Digital Archive, subject to these Terms and Conditions of Use. Authorized Users acknowledge that any reproduction of a text or image in violation of the terms set out during registration or in the sections, below, could be a violation of applicable copyright laws.
General Intellectual Property Rights ICAA website users and Authorized Users of the Digital Archive are responsible for complying with United States and international copyright laws. The MFAH and individual contributors to the Digital Archive have reserved all rights in and to any content displayed in the Digital Archive, including texts, images, audiovisual works, architectural works, software, data, documentation, and other property (collectively “The Content”). The Content on this Website may be protected by copyright laws, even without copyright notice. Additionally, the MFAH does not warrant that use of the Content will not infringe on the rights of third parties. Furthermore, the underlying works of authorship within the Content are subject to copyright and other proprietary rights of individuals or entities other than, or in addition to, the MFAH. For example, some works may be under copyright by an author or that author’s heirs. Works in which the author retains rights shall not be used in any form, and they shall not be copied or downloaded without the prior written consent of the holder of the underlying copyright.
Fair Use The MFAH prohibits infringement of the Content, except for the purposes of fair use as provided in 17 U.S.C. §107. The Content is available for limited non-commercial, educational, and personal use only, or for other fair use as provided in 17 U.S.C. §107. For example, fair use of copyrighted material may include the use of protected materials for non-commercial educational purposes, such as teaching and scholarship; research; and criticism, commentary, and news reporting. However, fair use may not be a defense to copyright infringement in some countries.
Trademarks Many of the trademarks, service marks, and logos displayed on this Website, including MFAH and ICAA logos, are registered or unregistered common-law trademarks. Additionally, the trademarks of third parties may be displayed on this Website and are subject to trademark protection. Nothing contained on this Website shall be construed as granting any license or right to use any logos without the express written consent of the MFAH or a third-party owner. Any unauthorized use of trademarks, service marks, logos, or any other Content is strictly prohibited.
All users are prohibited from:
Authorized Users are responsible for maintaining the confidentiality and security of their account username and/or password (if such are provided), and for all usage or activity by them of the ICAA’s website and Digital Archive. Authorized Users may not provide access to the Digital Archive to anyone else, including setting up an anonymous remailer for purposes of allowing access to the Digital Archive.
Authorized Users shall promptly notify the ICAA of any known or suspected unauthorized account use, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of an Authorized User’s username, password, and/or IP address. Any use of the ICAA’s website and Digital Archive beyond the scope or in violation of these Terms and Conditions, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for account termination or termination of access to the ICAA from an Authorized User’s IP address, without notice and at the ICAA’s sole discretion.
Users of the ICAA website and Digital Archive shall attribute to the author, publisher, and source of all Content on this Website and Archive. Citation shall also include the URL: http://icaadocs.mfah.org, and it may also include the URL for the specific webpage. Additionally, the Content and underlying works of authorship shall not be modified or altered without the express written consent of the author.
Users of the ICAA website and Digital Archive are responsible for clearing all use and obtaining licensing from the copyright owner. The use of any image that is licensed by Artists Rights Society, NY (ARS) is prohibited without written authorization from ARS (email: email@example.com). The use of any image that is licensed by VAGA, NY is prohibited with without written authorization from VAGA (email: firstname.lastname@example.org).
Without limiting the foregoing, all materials published on this Website 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. The MFAH does not warrant that use of the Content displayed on the ICAA website or Digital Archive is in the public domain or will not infringe on the rights of third parties not owned by or affiliated with the MFAH. Furthermore, the MFAH assumes no responsibility, and shall not be liable for any damage to or viruses that may infect user’s computer equipment or other property resulting from the use of or downloading from the ICAA website or Digital Archive. The MFAH has not reviewed all of the Website’s links to another site and is not responsible for the content of any off-site pages or other sites linked on the Website. The user of this Website assumes the risk of linking to any off-site pages or other websites.
You agree to indemnify, defend, and hold the MFAH, the ICAA, and their respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the the ICAA website or any of its Content.
For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2), the ICAA has designated an agent for notification of claimed infringement, as follows:
The ICAA may at any time revise these Terms and Conditions of Use and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions of Use.