I. INTRODUCTION

The South Street Seaport Museum (the “Museum”) provides this Web site (“Site”) to further its charitable and educational mission to trace the history and commercial and cultural impact of the Port of New York.  The Museum encourages the use of the site for information, education, communication, and enjoyment but such access and use is subject to the following terms and conditions (“Terms and Conditions”).  By browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge full and complete acceptance of these terms.

II. INTELLECTUAL PROPERTY

A. COPYRIGHT & FAIR USE

All images and material on the Site are protected by copyright and unauthorized reproduction, distribution, and exploitation is prohibited.  However, in accordance with the applicable copyright laws, any materials may be used for fair use.  Fair use includes use for limited personal, educational, and non-commercial purposes.  The user must cite the author and source of the materials as he would for any printed work, and the citations should include the URL “www.southstreetseaportmuseum.org” and all copyright and proprietary notices.

Anyone wishing to use any of the materials for any purpose other than fair use must request and receive prior written permission from the copyright holder.  For materials authored by the Museum, requests should be sent to publications@southstseaport.org.  For materials authored by third parties, it is the responsibility of the user to ascertain whether any rights exist and obtaining necessary permissions. 

B. TRADEMARKS

The trademarks, trade names, logos and service marks ("Trademarks") displayed on this Site, are registered and/or unregistered marks of the Museum and any unauthorized use of Trademarks is strictly prohibited. The trademarks of third parties may also be displayed on the Site and are the property of their respective owners. Use of any Trademark requires the written permission of the Museum or any third party owner.

III. PRIVACY POLICY

The Museum recognizes the privacy concerns of visitors to the Site on the Internet and the importance of protecting the privacy of personally identifiable information collected about its visitors. As a general policy, no personally identifiable information is automatically collected. Personally identifiable information, such as a visitor's name, company, or e-mail address, is collected only when knowingly and voluntarily submitted. The Museum uses such information only for the purpose for which it is submitted unless we disclose other uses at the time of collection.

The Museum does not transfer or sell personally identifiable information or demographic data collected at the Site to third parties. However, the Museum may share personally identifiable information with other parts of our company. The Museum is not responsible for the practices of any third party sites which link to or from the Site. Inclusion on the Site of any institution, company, or individual is not an endorsement by the Museum. Visitors to those sites should refer to their separate privacy policies and practices.

IV. LIABILITY

A. DISCLAIMER OF WARRANTIES

The Site is provided to you “as is” and “as available” WITH NO WARRANTY.  To the maximum extent permitted by law, THE MUSEUM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. 

The Museum does not warrant that the Site or material accessible through the Site is free of viruses or other harmful components.  Reliance on any information or content on the Site is done at your own risk.

B. LIMITATION OF LIABILITY

The Museum or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, or suppliers will not be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to use and/or content of the Site.

C. LINKS

This Web site may contain links to third party Web sites. The Museum has not reviewed all of these sites and bears no responsibility for any content of any linked Web site.   The Museum does not imply endorsement, sponsorship, or any affiliation with the linked Web site.  Your linking to any off-site pages or other sites is at your own risk

If you are non-profit educational and cultural organization/institution and wish to link to our site, the Museum’s online logomark may be copied and displayed for the sole purpose of linking to “www.southstreetseaportmuseum.org.” Any other use requires specific written permission from the Museum.  Please contact publications@southstseaport.org.

The Museum reserves the right to revoke this permission at any time and you agree to immediately remove the logomark from your Web site if requested.

V.MISCELLANEOUS

A.     JURISDICTION

The Terms and Conditions are governed by the laws of the State of New York.  Each party hereby consents to exclusive jurisdiction of the state and federal courts located in New York, NY.

B.     SEVERANCE

If any provision of the Terms and Conditions or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of these terms and conditions shall remain in full force and effect. 

C.     WAIVER

The failure by the Museum to enforce strict performance of any provision of the Terms and Conditions by you or others will not be construed as a waiver of any provision or right of the Museum. 

D.    REVISION

The Museum may at any time revise these terms and conditions.

VI. CONTACT

For questions, inquiries, or correspondence, please contact: publications@southstseaport.org.