Website Terms of Use

This website and its contents are the property of the Maryland Institute College of Art (“MICA”) and any successor in interest.  This web page sets forth the "Terms of Use" that apply to your use of the www.morrislouis.org website (the “Website”).  Please also review MICA’s [Privacy Statement]

By using the Website, you agree to be bound by these Terms of Use.  MICA may revise these Terms of Use in its sole discretion at any time by updating this posting.  The terms "You" and "User" are used to refer to anyone who is accessing the Website.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEBSITE.  

Ownership of Copyrights, Trademarks and Other Intellectual Property

The intellectual property rights in and to the entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other content and proprietary material (collectively, the “Materials”) are owned by  MICA or used pursuant to a license in accordance with  the copyright laws of the United States.  User agrees not to remove, modify or obscure intellectual property information including copyright notices or other copyright management information appearing on the Website.  MICA grants no ownership interests to User for any of the Materials ; limited use of the Materials is permitted only as expressly stated in these Terms of Use below.  Permission for any use of the Materials other than as set forth below may be granted in special circumstances on a case-by-case basis.  Please direct any request to use any of the Materials to MICA by using the information at the Rights and Reproductions Section on the Website.

Permitted and Prohibited Uses of Materials

Below are selected permitted and prohibited uses of MICA Materials that are posted at the Website.

            Permitted Uses of Materials

  1. Anyone who is doing personal, noncommercial, educational research, and academic publication may view, print, and temporarily store Materials including low resolution images from the Website, provided that  the copyright notices are not altered or removed and provided that the use of the Materials does not conflict with any of the prohibited uses below. All images on the Website will be of low resolution, 72 dpi, and will not be a faithful representation of the original images when downloaded and printed. Please contact MICA at info@morrislouis.org to discuss such proposed use.
  2. Any use other than as described in paragraph 1 above shall require a written license issued and administered by the Artists Rights Society (“ARS”), http://morrislouis.org/rights

            Prohibited Uses of Materials

  1. User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), publicly display, publicly perform, modify, alter, or create derivative works of, the Materials contained in the Website for any commercial purpose without prior written permission from MICA or its agent ARS.  If User is unsure about whether the intended use is permitted or prohibited, please contact ARS for clarification.
  2. User agrees that copies of the Materials may not be sold, licensed or otherwise transferred to any third parties without prior written authorization from MICA or ARS.
  3. User agrees that the Materials should not be systematically stored on a server so as to substitute for a license agreement to/for the Materials.

Links to Other Sites

The Website may contain links to third party websites.  These links are provided solely as a convenience to User and not as an endorsement by MICA of the third party or the contents of such third party websites.  Because we do not have any control over such third party websites, MICA is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites.  Linking to third party websites is performed at User’s own risk.

Prohibited Uses of Website & Website Security

Interference with Website operation:  User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users.  You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website.  You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Alteration of Website content:  None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of MICA. 

Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website.  This site has security measures in place to protect the loss, misuse, and alteration of the information under MICA’s control.  

Compliance: User agrees to comply with all applicable laws, as well as with these Terms of Use.  User agrees not to engage in any unlawful or commercial activity on the Website.

Waiver of Liability

User assumes all risks associated with dealing with other users with whom User comes in contact through the Website.  Should a dispute arise between User and another user, User hereby agrees to release MICA from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL MICA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MICA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

ALTHOUGH AN EFFORT HAS BEEN MADE TO PROVIDE CORRECT INFORMATION, THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS OR COULD BE OUT-OF-DATE.  MICA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  MICA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW. 

MICA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MICA IS NOT RESPONSIBLE FOR THOSE COSTS.

Inadvertent Error

MICA has done its best to insure that all information on the Website is accurate.  If there is an error in information on the Website, it is inadvertent.  Should an error be discovered, please notify MICA at info@morrislouis.org, so necessary corrections may be made. 

Notice for Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to MICA’s designated copyright agent.  In accordance with the Digital Millennium Copyright Act of 1998, MICA will respond expeditiously to claims of copyright infringement committed using the Website if such claims are reported to the designated copyright agent.

MICA’s designated copyright agent for notice of claims of copyright infringement on this Website can be reached as follows:

 

Designated Copyright Agent

Name: Dean Cynthia Barth

E-Mail: cbarth@mica.edu

Facsimile: 410-225-2316

Address:   

Maryland Institute College of Art

Decker Library

1300 W Mount Royal Avenue

Baltimore MD 21217-4134

 

Please provide us with the following information concerning the alleged infringement:

1. Description of the copyrighted work that you claim has been infringed upon;

2. Description of where the material that you claim is infringing is located on the site;

3. Your address, telephone number, and e-mail address;

4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use;

5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

No Effect on Agreements 

This Website shall be used for informational purposes only, and nothing on this Website shall be construed to add or modify terms to any existing or future agreements with MICA.

Indemnity

User agrees to defend, indemnify, and hold harmless MICA, its trustees, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Website or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law.  MICA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this Website from outside the United States, User does so at User's own risk.  For Users accessing this Website from the EU, be aware that this Website uses cookies.  Users may instruct their Internet browsers to opt out of accepting cookies, or not use this Website.  User agrees to comply with all applicable rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Governing Law

The Website and these Terms of Use shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Maryland applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the federal District Court of the District of Maryland and you agree to accept service of process by mail.  You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. 

 

Privacy Statement

The Maryland Institute College of Art (“MICA”) is concerned about the privacy of visitors to the www.morrislouis.org website (the “Website”) and the confidentiality of their information shared with MICA through the Website.  MICA will use reasonable efforts to ensure that the information you provide remains private, and is used only for the purposes stated below.

Collected Information

Personal Information: MICA may ask users to provide Personal Information, meaning individually identifiable information such as user’s email address, name, mailing address, telephone number, or other information associated with individually identifiable information through the Website when you use the Contact section to contact MICA.  We may also collect publicly available information about users from other sources, such as information from newspapers, blogs, and commercial websites.

Automated Information: MICA collects information about the users of the Website in order to assist in determining which parts of the website visitors find most valuable.  This allows the Website to continually improve the services it provides.  For example, the Website may track the URL that you visited before you came to the Website, the URL to which you next go, and your IP addresses.  MICA uses your IP address to help diagnose problems with the Website servers and to administer the Website.

Maintenance and Security of Personal Information 

The Personal Information collected through the Website is maintained in a manner consistent with current industry standards.  Your Personal Information is protected in several ways.  Your Personal Information resides on servers that are protected by physical and electronic safeguards.  Certain payment information and other Personal Information is encrypted using secure socket layer technology (SSL) to prevent unauthorized parties from viewing such information when it is transmitted to us.

Security Measures

The Website has security measures in place to protect the loss, misuse, and alteration of the information under MICA’s control.   However, you should keep in mind that this Website is run on software, hardware, and networks, any component of which may, from time to time, require maintenance, experience problems or breaches of security.

Disclosure of Information

It is MICA’s general policy not to share any of the information collected on the Website with any third parties.  Notwithstanding the foregoing, MICA will divulge information collected from you on the Website if required to do so by law.  In addition, in the event that MICA’s assets are assigned, your information will be one of the transferred assets.

Notice to California Residents and All Users

You can always contact info@morrislouis.org if you wish to review any Personal Information MICA may have about you.  If MICA has Personal Information about you, MICA will provide you with a readable copy of such Personal Information at no charge.  Factual errors in your Personal Information, including out-of-date information, can be corrected by sending MICA a request that credibly shows MICA’s error.  To protect your privacy and security, MICA takes commercially reasonable steps to verify your identity before granting access to Personal Information or making corrections.

Children’s Privacy

This Website is intended for a general audience and is not directed to children under the age of 13.  MICA does not knowingly collect personal information from children under the age of 13.  If MICA learns that Personal Information relating to someone under the age of 13 has been collected on the Website, MICA will take appropriate steps to delete such information.

E-mail Communications  

If MICA receives an email from a User relating to the intellectual property ownership of the Materials, the accuracy of an entry on the Website, questions concerning the Website’s terms of use/privacy policy, or any other inquiries relating to the Materials and Website, MICA may communicate with such User by e-mail.  MICA will not release User’s email addresses to outside organizations other than Artists Rights Society (ARS).   

Cookies

Cookies are files that contain information created by a web server that can be stored on a User's hard disk for use either during a particular session ("per-session" cookie) or for future use ("persistent" cookie). MICA uses cookies only to track session status.  Cookies are not used to disseminate significant information about Users over the Internet or to analyze any information that Users have knowingly or unknowingly provided.  Users may instruct their Internet browsers to opt out of accepting cookies.

Links to Other Websites

This Privacy Statement only addresses the use and disclosure of information MICA collects from you. Although you may link to other sites or third parties via the Website, MICA is not responsible for the privacy practices of third parties or the content of linked sites.

Privacy Policy Updates

MICA will occasionally update this Privacy Statement.  Any changes to MICA’s Privacy Statement will be posted here so that users will know what information MICA gathers, how MICA might use that information, and whether MICA will disclose it to anyone. MICA encourages you to periodically review this page for the latest information on MICA’s privacy practices.

Questions

If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, you can contact us by email at info@morrislouis.org

 

Effective Date:  April 2014

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