Terms of Use

The Autry Museum (“the Autry”) has created and maintains TheAutry.org (the “Site”) in support of its mission to provide education, information, communication, and personal enjoyment to the public. Access to and use of this Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and other notices, and acknowledge full and complete acceptance of these terms.

Terms and Conditions

Access to and use of the Autry’s image and text files and data on this Site are subject to the following Terms and Conditions:

1. The text, images, and data on the Site are protected by copyright and may be subject to other restrictions as well. The Autry and relevant third parties retain all rights, including copyright, in data, images, audio and video clips, software, documentation, text, and other information contained in these files (collectively, the “Materials”). Users may download Materials subject to the preceding and following Terms and Conditions, and subject to any additional terms or restrictions applicable to the individual file or program, provided all copyright and other proprietary notices contained on the Materials are retained.

2. The Materials are made available for use without permission only for limited noncommercial personal or educational use, or for fair use as defined in United States copyright laws. Users must cite the author/artist and source of this Material as they would material from any printed or other work, and the citation should include the URL “TheAutry.org” in addition to all copyright and other proprietary notices contained on the Materials. In granting this limited permission, however, note that the Autry does not warrant or represent that use of Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the Autry’s copyright. Other proprietary rights in the Materials may be held by individuals and/or entities other than the Autry, including reproductions of works of art licensed to the Autry by third parties such as artists or artists’ heirs holding rights to these works, or images of people or places displayed on the Site. Use of these images by you is prohibited unless specifically permitted by these Terms and Conditions.

3. The Autry expressly prohibits the use, copying, display, publication, distribution, transmission, modification, re-posting, or exploitation for commercial or public purposes of any protected Materials on the Site, and permits only the purposes described above.

4. While the Autry uses reasonable efforts to include accurate and up-to-date information in this Site, the Autry makes no representations or warranties as to its accuracy. The Autry assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. Use of and browsing in the Site is at your risk. Neither the Autry nor any other party involved in creating, producing, delivering, or maintaining the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all Materials on the Site are provided “AS IS,” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. The Autry assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Materials from the Site.

6. Except where specifically indicated otherwise, any communication or material you transmit to the Site by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by the Autry or its affiliates or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, and the like. The Autry is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, the development, manufacture, and marketing of products using such information.

Permissions

Any party wishing to use any of the Materials from the Site for any purpose other than the limited purposes identified above must request and receive prior written approval from the Autry. Permission for such use is granted on a case-by-case basis at the sole discretion of the Autry. For inquiries, please contact:

Marilyn Van Winkle
Rights and Reproductions Coordinator
Autry Museum of the American West
4700 Western Heritage Way
Los Angeles, CA 90027-1462
323.667.2000, ext. 244
mvanwinkle@theautry.org

A usage fee may be charged depending on the nature and type of the proposed use. The Autry reserves the right not to grant permission to use its Materials, and does not grant permission to use Materials of third parties.

Trademarks

The trademarks, online logo marks, and service marks (the “Trademarks”) displayed on the Site are registered and/or unregistered Trademarks of the Autry. The Trademarks of third parties may also be displayed on the Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without written permission of the Autry or any third-party owner of the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, including alteration or use out of context, is strictly prohibited.

Links

The Site may contain links to third-party sites. The Autry has not reviewed all of the sites linked to the Site and is not responsible for any content of any linked site. Your linking to any off-site pages or to other sites is at your own risk. The Autry provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked site.

Content Provided by Users

Although the Autry may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Autry is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Autry will fully cooperate with any law enforcement authorities or court order requesting or directing the Autry to disclose the identity of anyone posting any such information or materials.

Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 51(c)(2), the Autry has designated an agent for notification of claimed infringement as follows: Marilyn Van Winkle, Autry Museum of the American West, 4700 Western Heritage Way, Los Angeles, CA 90027-1462, 323.667.2000, ext. 244, mvanwinkle@theautry.org. The Autry provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

Applicable Law and Jurisdiction

The Site (excluding links to Web sites operated by others) is controlled and operated by the Autry in Los Angeles, California. Although the Autry has made no effort to publish the Site elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the World Wide Web. As each of these states and countries has laws that may differ from those of California and from each other, and as you and the Autry both benefit from establishing a predictable legal environment in which to publish, access, and use the Autry’s website, by publishing, accessing, and/or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Los Angeles, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access the Site from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.

Indemnity

You agree to indemnify, defend, and hold the Autry, its trustees, officers, agents, employees, and volunteers harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Site.

Waiver

Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of the Autry.

The Autry may at any time revise these Terms and Conditions and other notices contained herein by updating this posting. You are bound by such revisions and should periodically visit this page to review the then-current Terms and Conditions.