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The phrases "Brooklyn Public Library's digital objects" or
"digital objects" herein designate:
- digitized photographs as presented in the Library catalog
- the Brooklyn Daily Eagle Online, as represented in the site http://www.brooklynpubliclibrary.org/eagle
(content as electronically presented, functions, and structure, parts of which
maybe copyrighted to third parties.)
- other digital materials
"Digital objects" designates both individual items as well
as multiple items in whole or in part created by Brooklyn Public Library and presented
on the Library's web site and the like.
By using Brooklyn Public Library's digital objects as provided
and operated by Brooklyn Public Library, user agrees to abide and be bound by
this Agreement which includes all terms, conditions, provisions and applicable
usage guidelines related to the website. Brooklyn Public Library may modify or
terminate services from time to time, for any reason, and without notice, without
liability to any user or third party.
The Library also reserves the right to modify the Conditions
of Use from time to time without notice. Any modifications and revisions are effective
immediately upon publication on this web page. By using Brooklyn Public Library's
digital objects, the user agrees to be bound by such modifications and revisions.
User's continued use after any change indicates acceptance of any changes. Users
who wish not to be bound by any change must discontinue use of Brooklyn Public
Library's digital objects immediately. Users are reminded to review all conditions
of use from time to time in order to be appraised of any changes.
Brooklyn Public Library disclaims any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or materials displayed in digital form.
The Library disclaims any responsibility for the deletion, failure to store, misdelivery,
or untimely delivery of any information or materials except as determined by a
separate written use agreement and payment of appropriate fees. The Library disclaims
any responsibility for any harm resulting from downloading or accessing any material
on the Internet. See also Advisory section.
Brooklyn Public Library's digital objects are provided "as
is," with no warranties whatsoever. Brooklyn Public Library expressly disclaims
to the fullest extent permitted by law all express, implied, and statutory warranties,
including, without limitation, the warranties of merchantability, fitness for
a particular purpose, and non-infringement of proprietary rights. Brooklyn Public
Library disclaims any warranties regarding the security, reliability, timeliness,
and performance of the Brooklyn Public Library's digital objects. Brooklyn Public
Library disclaims any warranties for any information or advice obtained through
use of Brooklyn Public Library digital objects. Brooklyn Public Library disclaims
any warranties for services or goods received or advertised through Brooklyn Public
Library's digital objects or web sites. Brooklyn Public Library disclaims any
warranties for any information or advice, services, or goods received through
or advertised on any links provided by Brooklyn Public Library web sites, including
the Brooklyn Daily Eagle Online.
The user understands and agrees that any downloading or obtaining
of material or data through the use of Brooklyn Public Library's digital objects
is done at the user's own discretion and risk. The user will be solely responsible
for any damages to computer systems or loss of data that results from the download
of such material or data. Some states or other jurisdictions do not allow the
exclusion of implied warranties, so the above exclusions may not apply to all
users. Users may also have other rights that vary from state to state and jurisdiction
to jurisdiction.
Under no circumstances shall Brooklyn Public Library, its employees,
officers, agents, trustees or other representatives, be liable to any user on
account of that user's use or misuse of or reliance on the Library's digital objects,
arising from any claim relating to this agreement or the subject matter hereof.
Such limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether such
claim is based on warranty, contract, tort (including negligence), or otherwise,
(even if The Library has been advised of the possibility of such damages). Such
limitation of liability shall apply whether the damages arise from use or misuse
of and reliance on the Library's digital objects, from inability to use the Library's
digital objects or from the interruption, suspension, or termination of the Library's
digital objects (including such damages incurred by third parties). This limitation
shall also apply with respect to damages incurred by reason of other services
or goods received or advertised through the Library's digital objects or received
through any links provided by the Library's digital objects, as well as by reason
of any information or advice received through or advertised through the Library's
digital objects or received through any links provided by the Library's digital
objects. This limitation shall also apply, without limitation, to the costs of
procurement of substitute goods or services, lost profits, or lost data. Such
limitation shall further apply with respect to the performance or non-performance
of the digital objects or any information or merchandise that appears on, or is
linked or related in any way to, the Brooklyn Public Library's digital objects.
Such limitation shall apply notwithstanding any failure of essential purpose of
any limited remedy and to the fullest extent permitted by law. Some states or
other jurisdictions do not allow the exclusion or limitation of liability for
incidental or consequential damages, so the above limitations and exclusions may
not apply to you. Without limiting the foregoing, under no circumstances shall
Brooklyn Public Library be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, internet failures, computer
equipment failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms, explosions,
acts of god, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning.
Users are reminded that Brooklyn Public Library provides digital
objects for non-commercial educational, personal or scholarly purposes. Users
may not otherwise copy, reproduce, retransmit, distribute, publish, commercially
exploit or otherwise transfer any material without prior written approval and
payment of appropriate fees.
The burden of determining that use of any information, software
or any digital objects on the website is permissible rests with the user. Transmission
or reproduction of protected items beyond that allowed by fair use requires the
written permission of the copyright holders. For further information, please see
the Copyright section below.
Deep Linking: Users may link to the Library's site for
noncommercial purposes, however users are not permitted to link or shortcut to
any digital object or any other page than the Brooklyn Public Library home page
at http://www.brooklynpubliclibrary.org
or the Brooklyn Daily Eagle Online splash page at http://www.brooklynpubliclibrary.org/eagle.
Framing: Users may not frame or otherwise host any portion
of Brooklyn Public Library's digital objects or web pages within any other web
site without written permission in advance from Brooklyn Public Library. Users
may not place any part of Brooklyn Public Library's digital objects within a frame,
page, or portion of a page on any other web site without written permission in
advance from Brooklyn Public Library and payment of appropriate fees.
Harvesting: Any harvesting of Brooklyn Public Library's
digital objects, either manually or by automated means, for use in other web sites
or in any other products, is expressly forbidden. Brooklyn Public Library and
Brooklyn Daily Eagle Online graphic elements and the contents of this web site
and database, excluding materials that are in the public domain, are copyright
© Brooklyn Public Library 2003.
No Commercial Use: Using BPL's digital objects for commercial
purposes without the Library's official prior written permission and payment of
associated fees, is illegal.
Brooklyn Public Library provides access to a broad range of
historical resources, including the Brooklyn Daily Eagle Online and digitized
photograph collections. Some of these materials may contain offensive language
or stereotypes. Such materials should be viewed in the context of their relevant
time periods. All historical media are presented as specific, original artifacts,
without further enhancement to their appearance or quality.
In many cases the Library only holds the physical rights to
images and other materials in its collections. The copyright law of the United
States (Title 17, U.S. Code) governs the making of photocopies or any other reproductions
of copyrighted materials. The Library may provide access to third-party electronic
content. Those resources are subject to Terms and Conditions as provided by the
owners.
Brooklyn Public Library is not responsible for the improper
or illegal use of any copies of materials from its collections. It is the user's
responsibility to guard against the infringement of rights that may be held by
others and for clearing reproduction rights and copyright restrictions. Copyright
and credit information for the Library's digital objects is provided if known.
The Library provides such information as a service to aid customers in determining
the appropriate use of an item, but that determination ultimately rests with
the user. It is the user's obligation to determine and satisfy copyright or
other use restrictions when publishing or otherwise distributing materials from
the Library's collections.
Use of materials found in the Brooklyn Public Library's collections,
including digital objects, might raise issues of the subject's right of privacy
or to control the use of their image. Users are solely responsible for determining
whether their use of any digital object requires the permission of any other person
or entity and are responsible for paying any associated fees. Users with further
questions about the legal issues surrounding the use of digital objects should
contact an attorney.
Any copyright owners or other interested parties who are not
properly identified may contact the Brooklyn Collection of the Brooklyn Public
Library, so that appropriate information may be provided in the future. 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 Brooklyn
Public Library is the designated agent for notice of alleged copyright infringement
appearing on our site. Direct any notices of infringement to the Brooklyn Collection
staff. 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.
Brooklyn Public Library may gather data about users of Brooklyn
Public Library's digital objects for internal, statistical purposes and in order
to improve our service to the public. The Brooklyn Public Library reserves the
right to contact users of the Library's digital objects directly in order to improve
customer service. While Brooklyn Public Library may share summaries and analyses
of combined user demographics, traffic and usage patterns with third parties,
such data-groupings are always anonymous and thus contain no specific names, contact
information, credit card information or any other individual data. In such cases,
even these anonymous, gathered statistics are shared with only our sponsors or
business partners. Brooklyn Public Library does not sell, rent, exchange, share
or otherwise provide personal information to other people, companies or entities,
without the express permission of the user.
Choice of Law and Forum Selection Brooklyn Public Library
specifically retains any rights to its digital objects, including any possible
copyright, which it may have in data, files, and/or the images they contain. Use,
reproduction, copying or redistribution of trademarks or other proprietary materials
of Brooklyn Public Library, without the prior written permission of Brooklyn Public
Library is prohibited.
By entering the Brooklyn Public Library's web sites and using
the Library's digital objects, user is agreeing that any dispute arising out of
or relating to these terms or any content posted by Brooklyn Public Library on
their sites, including copies and republication thereof, whether based in contract,
statutory or other law, will be governed by the laws of the State of New York,
excluding its conflicts of law provisions. You further consent to the personal
jurisdiction of an exclusive venue in the federal and state courts located in
and serving Kings County, New York as the legal forum for any such dispute and
waive any objections to venue of any such litigation in courts located in Kings
County, New York and agree not to plead or claim that Kings County, New York,
is an inconvenient forum.
If you have any questions about this User Agreement, contact
the Brooklyn Collection staff. If you do not agree with these Terms and Conditions,
you may not use or access the Brooklyn Public Library's digital objects. Brooklyn
Public Library reserves the right to change this User Agreement at any time without
notice.
This section refers specifically to digital images from the
Brooklyn Collection available in the Library catalog, but excludes Brooklyn Daily
Eagle Online. No image will be supplied without accompanying payment for the full
cost. Please make sure you understand the implications of current copyright law.
To order reproductions please contact the Brooklyn Collection.
Brooklyn Public Library is a private, not-for-profit organization
and its research collections are largely dependent on non-governmental sources,
including contributions, investment income, royalties and other revenue for operating
funds. To make possible the continued growth of the Library's collections, use
and reproduction fees help offset the costs of acquiring, cataloging and preserving
the materials.
As part of its public service mission, Brooklyn Public Library
provides reproductions of items from its collections for personal or research
use. If an image is to be reproduced in any type of publication, CD-ROM, broadcast,
exhibition, web site, etc. prior written permission is required and use fees will
be assessed. See Use Fees section.
Copies of the materials displayed in this database are normally
available for purchase for non-commercial purposes. Only access-quality browsing
images are displayed on this web site. Photographic prints, slides and other formats
are available for purchase as allowed under copyright and rights restrictions.
Other parties may own some photographs in this database and
Brooklyn Public Library may not be able supply copies of those photographs. You
must contact the rights holder as indicated in the image detail for current costs
and options for purchase, if any.
For commercial use of an image in the Library catalog Use
Fees apply.
- Please note that use fees are in addition to photographic reproduction charges.
- Fees are charged for the non-exclusive, one-time use of public domain and
copyrighted material.
- Any subsequent use or reuse must be applied for in writing. Reuses will be
charged a discounted fee.
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