terms and conditions
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TMP, a division of The Marks Project, Inc., has created and maintains TMP (themarksproject.org ) website to provide a research tool to assist in the identification and attribution of American studio ceramics and ceramic makers, working from 1946 to present. TMP is not a valuation tool. TMP is not an authentication tool.

By accessing and using this website and its content you are agreeing to comply with and be bound by the following terms, which TMP may change at any time.

 

Copyright
All of the text, images, marks, logo marks, audio, video, and other content of the TMP website are proprietary to TMP and protected by intellectual property laws and may be covered by other restrictions as well. TMP retains all rights, including copyright, in data, images, software, documentation, text, and other information contained in its website(s). Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, TMP. All parties downloading, printing or using the websites 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.

 

Fair Use is Permitted
Except as may be otherwise indicated in specific documents within the websites, TMP authorizes you to view, play, print, forward, and download documents, audio, and video found on our websites for personal, non-commercial, or fair use purposes as defined in the United States copyright laws. You may not modify any of the website and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or materials contained on the TMP websites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the websites. Users must, however, cite the author and source of the website content as they would material from any printed work, and the citations should include the URL www.themarksproject.org .

TMP web content may be used for educational and personal use that is non-commercial in nature, as outlined by Fair Use in title 17 of the United States Code (17 U.S.C § 107), as long as all copyright and proprietary notices are maintained and materials are appropriately cited.

Fair Use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, news reporting. Unless otherwise noted, users who wish to download or print text and image files from the TMP website for such uses may do so without TMP’s express permission, provided that they comply with the following conditions:

  1. The content may only be used for personal, or educational noncommercial purposes;
  2. Users must cite the author and source of the web content as they would material from any printed work;
  3. The citation must include all copyright information and other information associated with the content and the URL for the TMP website;
  4. None of the content may be altered or modified; and
  5. Users must comply with all other terms or restrictions which may be applicable to the individual file, image, or text

For more information on Fair Use please visit the U.S. Copyright Office’s Fact Sheet on Fair Use: http://www.copyright.gov/fls/fl102.html.

 

Commercial Use is Restricted
Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending, or storage in any retrieval system of the TMP’s website content is prohibited without the consent of TMP at permissions@themarksproject.org. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the TMP websites and its content.

 

Rights and Reproductions 
TMP grants permission to download collection images from our website for your own personal, non-commercial use, or for fair use as defined in the United States copyright laws. TMP provides images for noncommercial use such as educational presentations, and  professional research.  Requests for all other uses must be made in writing to permissions@themarksproject.org.  Anyone wishing to use any of TMP’s website content (search results, files or images) for commercial use, publication, or any purpose other than for fair use as defined by law, must request and receive prior written permission from TMP. Permission for such use is granted on a case-by-case basis at the sole discretion of TMP.  
 A fee may be assessed depending on the type and nature of the proposed use. If you area member of the press and want to request images, contactinfo@themarksproject.org. Permission is not and will not be granted for use TMP's name, URL, and/or logomark to imply, indicate or state TMP’s endorsement, verification and/or authentication, attribution, or otherwise to establish or imply value for/of any object or material of or for any maker or seller of object or material.

 

Trademark
We thank you for your interest in linking to our site. The TMP’s online logomark may be copied and displayed for the sole purpose of linking to TMP's website from websites operated by other non-profit educational and cultural organizations and institutions, including libraries and museums. Any other use requires specific written permission. Contact us at info@themarksproject.org. In order to use TMP’s logomark for these limited purposes, please carefully read these terms and conditions of use.

Terms and Conditions of Use
By displaying, copying, or using TMP’s online logomark you are agreeing to the following:

  1. You will notify TMP of the link to the TMP website and use of TMP’s  URL and logomark and  specify the URL where the logomark will be used as well as the start date and duration of its use.
  2. Your use of TMP’s logomark is to facilitate a link from other not-for-profit educational and cultural institutions and organizations to TMP’s website;
  3. You will make no alterations to the appearance of the logomark;
  4. All displays and uses of the TMP logomark online will link to the TMP web pages. No change may be made to the technical existence of the logo. The file type may not be altered. You may not use the logomark in conjunction with scripts (such as java or cgi) that in any way alter even momentarily, as on mouse-over its appearance;
  5. You shall not use TMP's name, URL, and/or logomark to imply, indicate or state TMP’s endorsement, verification and/or authentication, attribution, or otherwise to establish or imply value for/of any object or material in any
    (i) digital, written or oral advertising, description, caption,  or presentation, or
    (ii) online website, email, brochure, newsletter, image, book, other written, or digital material of whatever nature.
  6. TMP reserves the right to revoke this permission at any time and you agree to immediately remove the logomark from your website if requested.

 

Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the TMP’s website/s, the TMP website/s, or through voice computer systems is expressly prohibited by these terms of use. Any such unauthorized use of our computer systems is a violation of these terms of use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the TMP’s website/s. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials

Social Network Sites
TMP may maintain a presence on one or more social networking websites, such as but not  limited to, Facebook. By posting comments to an TMP social network website you agree to avoid abusive language and refrain from posting any content that infringes upon any third party's rights, including privacy, copyright, trademark, or patent. All comments are posted immediately upon receipt. We reserve the right to delete comments we find to be inappropriate or offensive or not related to the topic. We will not correct spelling, grammar, or factual errors but we may comment on them. We hope you share your thoughts with us. Please note: by submitting comments, you acknowledge that they will be posted immediately. You agree we have the right to quote from your comments in all media now known and hereinafter devised.

Terms and Conditions for TMP’s Flickr™ uploads
Your photo submission must be of your work or work legally in your possession for which you hold the image copyright and no larger than 8MB.  Copyright-protected material can be uploaded only if express permission from the copyright holder.is given to TMP and is  uploaded with image. You may provide such permission for your own work but may be required to also provide photographer’s permission. 

 

Access and Interface
You agree that you will not use any robot, spider, scraper, or other automated means to access TMP website for any purpose other than for the purpose of publically used search engine. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the TMP’s websites; or (iii) bypass any measures we may use to prevent or restrict access to the TMP websites.

 

Force Majeure
TMP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

Disclaimer
Your use of and browsing of the TMP websites are at your own risk. EVERYTHING ON THE TMP WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF  FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TMP makes no warranties or representations regarding the information contained on its websites, and specifically disclaims any warranty as to the suitability, reliability, timeliness, or accuracy of the information contained on its websites for any purpose. TMP does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the TMP websites or the server that makes such materials available are free of viruses or other harmful components. TMP does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not TMP) assume the entire cost of all necessary servicing, repair, or correction.

 

Indemnification
You agree to defend, indemnify, and hold harmless TMP and its parent organization, The Marks Project, Inc, and their respective affiliates, from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of TMP websites or the Internet or the placement or transmission of any message or information on its websites by you or your authorized users.

 

Limitation of Liability
TMP does not assume any responsibility or liability for any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing its websites, or your downloading of any information or materials from its websites.

 

Applicable Law and Jurisdiction
THE TMP websites are created and controlled by The Marks Project, Inc.. These disclaimers, terms, and conditions of use are governed by the laws of the State of Connecticut. Although TMP has made no effort to publish TMP’s website elsewhere, it is accessible in all fifty U.S. states and in other countries due to their presence on the World Wide Web. By using the TMP’s websites, you hereby consent to the exclusive jurisdiction and venue of courts in Fairfield County, Connecticut in all disputes arising out of or relating to the use of TMP’s websites. These terms and conditions are the entire agreement between the user and TMP and supersede any prior understandings or agreements (written or oral). If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. TMP 's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

 

Links
TMP's websites may contain links to websites operated by parties other than TMP. Such links are provided for your reference and convenience only. TMP does not control, have an interest in or have responsibility for content of linked websites. TMP’s inclusion of links to websites does not imply an endorsement of the material or any association with linked website operators. Your linking to any off-site pages or other website is at your own risk.

 

Termination
You or we may suspend your use of the TMP websites at any time, for any reason or for no reason. We may also block your access to our websites in the event that: (a) You breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

 

Suggestions
All suggestions received through our websites become the sole property of TMP. Should a suggestion be implemented, TMP is under no obligation to provide compensation.

 

Contact
For questions regarding our terms of use, please contact:
info@themarksproject.org

Last updated 5/19/2014