Terms of Use

 

 

TERMS OF USE

DIGITAL RIGHTS USAGE

Welcome to The Manuel Rivera-Ortiz Foundation for Documentary Photography & Film (MROFDPF) Website. Please read this User Agreement carefully, including the our Privacy Policy.

TERMS AND CONDITIONS

YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN AS GOVERNANCE OF THIS SITE, ITS CONTENTS, AND ITS PARTICIPANTS.

By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by these terms. If you do not accept any of the terms stated here, you must not use the Site. The right to access and use the Site is not transferable to any person or entity. MROFDPF may, at its sole discretion, modify or revise this User Agreement at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit this page periodically to review our User Agreement. If we do make material changes, we will post a notice that the User Agreement has been modified and provide a link to the revised User Agreement. Should you continue to use our Site after such notice is posted, it means that you agree to our modified site rules.

ONLINE PRIVACY STATEMENT

Please review our Privacy Policy, which is part of this User Agreement and describes our data collection policies, privacy measures and treatment of personal information of Site users.

CHANGES

MROFDPF reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, this Site and any and all features and sections contained herein, with notice to registered users provided by a single posting to this Site; or email if users have requested email updates, and immediately in the event of technical difficulties. MROFDPF shall not be held liable to any User or to any third party for any such modification, suspension or discontinuance.

COPYRIGHT—USE OF CONTENT

Access to and use of text, artwork, photographs and other part contained on this Site are subject to the following terms and conditions. Please read carefully:

All Content on the Site is Protected by Copyright Laws

The Site, and all materials contained herein including images, text, documentation, audio, video or visual clips, are protected under the Copyright Laws of the United States of America, trademark office and under any and all laws applicable or covered by any and all restrictions nationally and internationally. MROFDPF and applicable third parties own or have acquired all rights to the contents of the Site, and all images contained herein. MROFDPF expressly prohibits the copying and distribution of all protected materials on this Site, except for the purpose of use once having received express, written permission from MROFDPF, it's Board of Trustees, members, photographers, as defined by commonly held international copyright laws. Under certain restrictions, copyrighted material contained within this site may be used for noncommercial, educational purposes, including scholarship research, criticism, commentary, or news reporting, pertinent that materials and their contents are not misrepresented or utilized for nefarious purposes such as stifling creativity, or incite hatred through the use of defamatory or culturally discriminatory speech. Unless otherwise noted, users who wish to utilize text or image from the Site under those guidelines stipulated here for such uses, are permitted to do so. Users must cite the author and source of this material as they would material from any other printed work; the citation should include the URL http://www.mrofoundation.org.

A fair use analysis depends on individual facts. By downloading, printing, or otherwise using content from the Site, users agree that they will limit their use of the protected materials to fair use, will not violate the proprietary rights of MROFDPF or any other party, and will be solely responsible for any violation.

COMMERCIAL USE IS PROHIBITED

Unauthorized commercial exploitation of protected materials is specifically prohibited. Anyone wishing to use any of files or images contained in the Site for commercial use or any purpose other than by means already defined under the laws of the United States of America, must do so by first requesting and receiving prior written consent from MROFDPF and, where necessary, from the third parties that licensed the materials to MROFDPF. All requests for permission to reproduce protected materials for commercial use should be addressed directly to press@mrofoundation.org

TRADEMARK

MROFDPF and its third parties (aka — photographers) own many of the trademarks, service marks, and logos, whether registered or unregistered, (collectively, the Trademarks) displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarked materials displayed on the Site without the express written permission of MROFDPF or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in this User Agreement, is strictly prohibited. You agree not to use MROFDPF's name or any of the Trademarks in any manner, including any advertising or promotional materials, that is likely to cause confusion about whether we are the source, sponsor, endorser or affiliated with any product or service. You also agree not to use MROFDPF's name or any Trademarks to falsely suggest any relationship between you and us. In addition, you may not use our trademarks in any manner that disparages or discredits us or infringes or violates any of our rights.

 

LINKS, FRAMES AND METATAGS

You may link to the home page of the Site as long as the link does not cast us in a false or misleading light. MROFDPF prefers advance notice of such linking, which can be provided by contacting MROFDPF via contactus@mrofoundation.org. You may not frame any content contained on the Site. You may not use MROFDPF's name or Trademarks in metatags, targeted advertising keywords (such as Google's AdWords) or any other form of "hidden text" without our express written consent.

LINKS TO OTHER WEB SITES

The MROFDPF Site contains links to other websites that we think may be of interest to you. While we ourselves have requested permission and permission has been granted for these links, we have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read. MROFDPF has not reviewed all of the sites that link to the Site and is not responsible for the content on any of those sites linked to the Site. If you use a link to visit any other site, you do so at your own risk.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE, INCLUDING THE UNDERLYING SOFTWARE, AND ALL CONTENT CONTAINED ON THE SITE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.

NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

YOUR USE OF THE SITE AND THE CONTENT CONTAINED ON THE SITE IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE CONTENT. IN NO EVENT WILL WE OR ANY CONTENT PROVIDER BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE OR A CONTENT PROVIDER IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless MROFDPF, its officers, employees and agents, against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of this User Agreement or your use of the Site or any protected materials.

TERMINATION

We reserve the right to terminate the Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability, Indemnity and Governing Law Sections of this User Agreement survive any such termination.

GOVERNING LAW

This User Agreement is governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State and County of New York and waive any jurisdictional and venue or inconvenient forum objections to such courts.

GENERAL

If any provision of this User Agreement is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement set forth the entire understanding and agreement between us with respect to the subject matter of this User Agreement.

RIGHTS AND REPRODUCTIONS

MROFDPF holds the rights to the contents of this website. If you would like to reproduce any part of this site, please do so be submitting a detailed description of the project/images you require including the name of the author, project title, a description appearing on our site as well as a description of how you intend the material will be used and where. Please also provide image size(s) if applicable, either via email or fax to any one of our corresponding numbers or digital mail addresses. Once we receive this information, we will respond to you at the earliest convenience. Thank you very much for your interest on our website on behalf of photographers everywhere.

© THE MANUEL RIVERA-ORTIZ FOUNDATION FOR DOCUMENTARY PHOTOGRAPHY & FILM, Rochester, New York. All rights reserved. E-mail: contactus@mrofoundation.org