End User AgreementMontagueArchive.org Website Terms & Conditions
The Montague Massachusetts Historical Society ("MontagueArchive" or the "Archive") has created and maintains montaguearchive.org in order to make information about its programs, collections and resources available to the public via the internet. By using the MontagueArchive Website and its content, you are agreeing to comply with and be bound by the following Terms and Conditions. These Terms and Conditions may change from time to time, and we encourage you to review them periodically. Your continued use of the MontagueArchive Websites indicates your acceptance of any changes to these Terms and Conditions. (Any changes to these Terms and Conditions are inapplicable to disputes arising, or arising out of events occurring, prior to the posting of such changes here.)
As between you and MontagueArchive, MontagueArchive owns, solely and exclusively, all rights, title and interest in and to the MontagueArchive Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Archive Website, and the compilation of the content, code, data and materials on such websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the MontagueArchive Website does not grant to you ownership of any content, code, data or materials you may access on these websites.
Use of Content From Archive Website
MontagueArchive encourages its patrons to use materials from it's Website, provided that you follow these guidelines:
1. Low Resolution Files (Only Non-Commercial Uses Allowed). Materials downloaded from the Archive Website may only be used for personal, educational, or research purposes. They may not be used for commercial purposes. Use of these materials (including on social media platforms) are permitted only if a credit to montaguearchive.org is included as being the source of such material, unless the content item or collection includes a specific license which will take priority over this paragraph.
2. High Resolution Files (All Uses Allowed, Including Commercial Uses). High resolution digital files of photos in the Archive's Database are available for editorial and commercial use for a reproduction fee. For more information, please go to: https://montaguearchive.org/index.php/contact-us/ and email your specific request.
3. You Are Responsible For Obtaining Necessary Permissions. The MontagueArchive Websites contain a wide range of content. They contain materials that are in the public domain as well as materials that are protected by copyright. In cases where materials on the MontagueArchive Websites are protected by third party rights, you are responsible for clearing the necessary rights in order to use the materials in question. For example, if you want to download a photo that is still protected by copyright for use in a research paper, you must determine whether your proposed use requires consent from the copyright holder, and, if so, you must secure the permission of the copyright holder. In some cases, you may also need to secure the consent of people who appear in photographs in our collections.
Because the Archive's collections are vast, we are not in a position to provide advice to patrons about which materials are protected by third party rights and which materials may be used freely. The following websites have information about copyright, fair use and other related topics which may be useful:
It is your obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the Archive's collections. You are solely responsible for determining whether the use of any digital object requires the permission of any other person or entity, and you are responsible for paying any associated fees. If you have questions about the legal issues surrounding the use of digital objects you should contact your attorney.
4. Credit MontagueArchive When You Use Materials From Our Website. If you use material from our website online, we ask that you credit the Archive by linking directly to the permalink provided or, if no permalink is provided, then mention MontagueArchive and include the URL of our website. If you use material from our website offline, we ask that you credit the Library as follows: "Courtesy of Montague Historical Society. montaguearchive.org" . Collections and items in the website database may include contributed content by others. Any licenses included with such material will have priority over this paragraph.
Contacting The Archive If Your Material Should Not Be On Our Website
In order to make its collections available to the widest audience possible, the Archive has placed photographs of items from our collections online. In each instance, we have tried to make sure that we have secured all necessary rights. If you believe that we have made a mistake, please contact us so that we can correct the oversight.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), The Montague MA Historical Society is the designated agent for notice of alleged copyright infringement appearing on any MontagueArchive Website. Direct any notices of infringement to any of the administrators on our website's contact page (https://montaguearchive.org/index.php/contact-us/) To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.
Montague Archive encourages patrons to become involved in interactive portions of our website, by contributing their own materials to our database. MontagueArchive may assist you in the creation of your own "Community Repository", which will be moderated by MontagueArchive, but will remain yours to download and use for any future purpose that you already had the right to do. By making this contribution, you agree to grant a license for MontagueArchive to retain the contributed work. Before you participate in these activities, however, we ask that you keep the following in mind:
1. Patrons who provide content to the Archive for its website are granting MontagueArchive a non-exclusive, perpetual, worldwide, irrevocable license to use such material. In most cases, MontagueArchive will only use this material on its website, but MontagueArchive reserves the right to also use this material in other ways, such as in promotional materials created about the Archive and on third-party websites on which the Archive might promote its services, collections and/or activities. In each instance, you agree that MontagueArchive may use your content for these purposes without making any payments to you. If you are not willing to grant MontagueArchive these rights, please do not contribute such content to our site.
2. Please make sure that any content you contribute does not infringe on the rights of any third party. For example, if you upload a drawing or a photo, please make sure that you are the creator of the artwork/photo. Do not contribute content to which you don't own the rights.
3. Please also remember to exercise good judgment when contributing written material or other content. In some instances, we may not have the resources to review patron comments/content, but we do reserve the right to edit or delete user comments/content in a manner consistent with our mission and policies. We also reserve the right to include additional information, links and files which our historians believe will help expand the value of the contributed content. We also ask that you do not insert your own or a third party's advertising, branding or other promotional content into any of your comments/content.
4. Pursuant to the Digital Millennium Copyright Act, MontagueArchive has adopted and implemented a policy to provide for the termination, in appropriate circumstances, of users who repeatedly infringe copyright through their use of montaguearchive.org.
5. MontagueArchive is not responsible for any of the patron-generated comments/content that appear on our websites.
The trademarks , logos, service marks and trade names (collectively the "Trademarks") displayed on the MontagueArchive Website are unregistered Trademarks of MontagueArchive and others and may not be used unless authorized by the trademark owner. Nothing contained on any MontagueArchive Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission or that of the third party rights holder. Your misuse of any Trademark is strictly prohibited. If you would like to contact the Archive to license the use of any of the Archive's marks, please send an email to firstname.lastname@example.org.
Third Party Websites
Among the many services offered by the Archive is access to databases provided by third parties. These databases are subject to their own terms and conditions. Please review the terms and conditions specific to each database you intend to use and make sure that you comply with the applicable rules. (Some of the Archive's other resources may also be subject to their own terms and conditions; in each instance, we ask that you review the terms and conditions before using the product in question so that you can comply with them.)
1. All materials on the MontagueArchive Websites 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 Archive assumes no responsibility for damage to your computer or other property resulting from your use of the MontagueArchive Website. You understand and agree that any downloading or obtaining of material or data through the MontagueArchive Websites is done at your own risk. In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on the MontagueArchive Website.
IN NO EVENT SHALL MONTAGUEARCHIVE OR ANY OF MONTAGUEARCHIVE'S TRUSTEES, EMPLOYEES OR AFFILIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE MONTAGUEARCHIVE WEBSITES OR THE CONTENT, MATTERIALS AND FUNCTIONS RELATED THERETO.
2. Some pages on the MontagueArchive Website include links to other websites. The Archive has not reviewed all of these websites and is not responsible for the content of these websites. The Archive provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by the Archive.
3. The Archive offers access to a broad range of information and materials, including certain materials that may contain offensive language or negative stereotypes. You should view such materials in the historical context in which they were created. All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality, as a record of the era in which they were produced. Opinions expressed on the MontagueArchive Website is not necessarily those of the Archive or of its Trustees and staff.
Any legal action brought against the Archive shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts-of-law rules. Users of the MontagueArchive Website agree not to commence any litigation relating to the use of the MontagueArchive Website, except in courts located in Franklin County, Massachusetts. Users also waive any objections to venue of any such litigation in courts located in Franklin County, Massachusetts and agree not to plead or claim that Franklin County, Massachusetts is an inconvenient forum.
You agree to defend, indemnify and hold MontagueArchive and its Trustees, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to your use of the MontagueArchive Website, your placement or transmission of any message, content, information, software or other materials through the MontagueArchive Websites, or your breach or violation of the law or of these Terms and Conditions. MontagueArchive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MontagueArchive's defense of such claim.
If registered with the MontagueArchive Website, you agree to receive electronic communications from MontagueArchive, whether addressed to the e-mail address associated with your database account or posted on the MontagueArchive Website. You acknowledge and agree that any communication via e-mail or by postings on the MontagueArchive Website satisfies any legal requirement that such communications be made in writing.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of MontagueArchive to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.