Terms of Use

It is our pleasure to welcome you to MuseumsForDigitalLearning.org, a digital platform that brings museum resources into the nation's classrooms. In order for all of our users to enjoy Museums for Digital Learning (the “MDL”), it is important to carefully review and follow the clauses described in these Terms of Use (the “Terms”). It is our goal to provide K-12 educators with authentic, high-quality museum collection resources to help inspire their students. If you have any questions or comments about these Terms, please email us at info@museumsfordigitallearning.org.

THESE TERMS GOVERN YOUR USE OF THE MUSEUMSFORDIGITALLEARNING.ORG WEBSITE (THE “WEBSITE”) OPERATED BY NEWFIELDS, WHICH ALSO INCLUDES THE PRIVACY POLICY FOR THIS WEBSITE. PLEASE READ THE TERMS (INCLUDING THE PRIVACY POLICY) CAREFULLY BEFORE USING THIS WEBSITE.

ACCEPTANCE OF TERMS

By accessing the Website, you accept and agree to all conditions imposed in these Terms.

Newfields reserves the right to modify these Terms at any time. Any change in these Terms is effective immediately upon posting on the Website. You should periodically check these Terms for changes. Any use of the Website after changes have been made constitutes your acceptance of those changed Terms.

Newfields has the exclusive right to control the accessibility, hours of use, content, and features of the Website. Newfields can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Newfields reserves the right to monitor use of the Website.

You are solely responsible for providing the equipment related to accessing the Website, including all computers, remote communications, telephone, or other equipment

THIRD PARTY API TERMS OF USE

This Website may use third party digital services and their APIs to offer you an enhanced user experience and functionality. The use of third party content on this Website is subject to the Terms of Use and Privacy Policies of third party API services including:

• YouTube’s Terms of Service
• Google’s Privacy Policy

PRIVACY

YOUR LICENSE TO USE THE CONTENT

Website content provided by Newfields or its third party content providers (the “Participating Museums”) has been made available under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license, as designated on the Website. Unless provided otherwise on the Website, you may view and download (including sharing and embedding on your website) Website content for noncommercial use. You must give appropriate credit, provide a link to the license, and indicate if changes were made to any material downloaded from the Website that you redistribute. If you remix, transform, or build upon the Website content, you must distribute your contributions under the same license as the original.

Any Participating Museums' trademarks and content appearing on the Website are the property of their respective owners. You are not permitted to use any of these third party trademarks or content without permission of the respective owner.

Additional guidelines:

• Do not mislead others or misrepresent the content, its metadata, or its sources.
• Understand that the Website content and metadata is used at your own risk.

All parties downloading, printing, or using the Website content in any manner represent and warrant that their use will be consistent with this license and that they will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.

PROHIBITED CONDUCT

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

• Gain access to any Website content by bypassing or hacking through any requirement to submit a login or user ID.
• Use any device or other means to harvest information about other users of the Website.
• Transmit, install, upload, or otherwise transfer any virus or other item or process to the Website that in any way affects the use, enjoyment, or service of the Website.
• Post any material on the Website that is offensive to any other user. Newfields maintains the exclusive right to determine what is offensive.
• Post or store on the Website any content that violates or infringes the intellectual property rights or rights of privacy or publicity of others.
• Modify the information, including headers and footers, found on the Website.
• Transmit, install, upload, or otherwise transfer to the Website any unauthorized advertisement or communication.
• Modify, enhance, or otherwise alter in any way any portion of the Website or its underlying technology.
• Engage in any action which Newfields determines is detrimental to the use and enjoyment of the Website.
• Use the Website for any unlawful or defamatory means.
• Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

DISCLAIMER AND LIMITATION OF LIABILITY

Although Newfields has attempted to provide accurate information on the Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. YOUR ACCESS OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NEWFIELDS NOR ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, PARTNERS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR OMISSION OF NEWFIELDS, A COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT, OR ANY OTHER MEANS. NEWFIELDS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, NEGLIGENT ACTIONS, OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, OR EMPLOYEES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE. IN NO EVENT WILL NEWFIELDS OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, PARTNERS, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

THIRD PARTY CONTENT

Newfields is not the publisher or speaker of any information on the Website that is provided by the Participating Museums, a third party, or by you, and Newfields is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Newfields. Newfields assumes no responsibility for those products or services.

NEWFIELDS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION PROVIDED BY THE PARTICIPATING MUSEUMS OR THIRD PARTIES TO YOU VIA THIS WEBSITE, OR ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, NEWFIELDS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify, and otherwise hold harmless Newfields and its officers, directors, agents, affiliates, and employees from and against any cause of action or claim, including legal fees, related to your use of the Website.

SECURITY

You are prohibited from violating or attempting to violate the security of the Website. Newfields will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

TERMINATION

Newfields may terminate these Terms at its discretion. In addition to Newfields’ other rights, Newfields may terminate your access to this site or cancel membership to any service that Newfields provides on the Website, if you breach the Terms in any way or engage in conduct that Newfields deems inappropriate. In the event of termination of the Terms, the provisions in this paragraph and the provisions found under the section titles “Your License to Use the Content,” “Prohibited Conduct,” “Disclaimer and Limitation of Liability,” “Third Party Content,” “Indemnification,” “Security,” and “Miscellaneous” will survive.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION

In operating MuseumsForDigitalLearning.org, Newfields acts as a “service provider” as defined in the Digital Millennium Copyright Act (the “DMCA”) and offers services as an online provider of materials and links to third party websites. If you believe any material available via the Website is infringing, you should notify us. Newfields will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures outlined in the DMCA to resolve the claim between the notifying party and alleged infringer. To provide notification of a claim of copyright infringement on this Website, please provide Newfields with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Newfields to identify the material;
• Information that is reasonably sufficient to permit Newfields to contact the complaining party, such as address, telephone number and, if available, e-mail address;
• A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law and not subject to the laws of fair use; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Infringement Notifications should be submitted to:

MISCELLANEOUS

These Terms constitute the entire agreement between the Newfields and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Newfields and you dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms, Newfields may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Newfields remedies are cumulative and not exclusive. Failure of Newfields to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Newfields makes no representation that the content of the Website is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable laws. Any dispute arising out of this Agreement shall be governed by the applicable federal law and laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in the appropriate federal court located in Marion County, State of Indiana, U.S.A., and you consent to the exclusive jurisdiction and venue in such courts for such purpose.