Terms of Use of Our Website

The https://www.fitzmuseum.cam.ac.uk website ('Website') is provided and operated by the Fitzwilliam Museum, University of Cambridge ('Museum') whose principal place of business is at Trumpington Street, Cambridge CB2 1RB UK.

Acceptance of Terms of Use

• Your use of the Website is subject to the following Terms of Use, which you are deemed to accept by using the Website.
• Access to the Website is permitted on a temporary basis and the Museum reserves the right to withdraw or amend the services provided on the Website without notice.
• The Museum may restrict access to users to some parts of the Website or to the entire Website for technical, administrative or legal reasons.

If you choose, or you are provided with, a user identification code, password or any other piece of information by the Museum as part of a registration procedure to participate in or contribute to a Website discussion forum or other activity the Museum may offer from time to time, you must treat such information as confidential and you must not disclose it to any third party.

The Museum reserves the right to disable any identification code or password, whether chosen by you or allocated by the Museum, at any time if in the Museum’s opinion you have failed to comply with any of the provisions of these Terms of Use.

Any personal information you supply to the Website as part of any registration process and/or any interaction with the Museum will be collected, stored and used in accordance with the University of Cambridge's Privacy Policy, which forms part of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and comply with them.

You may use the Website only for lawful purposes. You must not use the Website:

• in any way that breaches any applicable local, national or international law or regulation
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
• to send, knowingly receive, upload, download, use or re-use any material that does not comply with Content Standards (see below)
• to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
• to knowingly transmit any data, or send or upload any material that contains viruses or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment.

Intellectual property rights and use of the Materials on the Website

We wish to encourage the use and dissemination of information about our collections. The Museum hereby asserts the intellectual property rights that it has, including copyright, database rights and any rights in compilations in and to the Materials and other content on the Website. However, licences are granted to use the Materials under stated conditions.

The Museum has taken reasonable steps to ensure that the reproduction of the Materials and other content on the Website is done with the full consent of rights owners and/or in accordance with relevant legislative provisions.

If you are a rights holder and are concerned that you have found material on this Website for which you have not provided permission or is not covered by statutory exception, please contact the Museum in writing at the contact details provided at the end of these Terms of Use, with your contact details, full details of the material’s creator, the exact and full URL where you found the material and a statement that you are the rights holder or are the authorised representative of the rights holder.

Materials on this Website

The Materials on this Website are made available under a Creative Commons Attribution-NonCommercial-NoDerivs licence (CC BY-NC-ND) except for the following:

• Materials that are explicitly stated to be governed by a different licence as indicated against the relevant Website content;
• any personal information in the Materials;
• Materials subject to intellectual property rights other than copyright.

Images

The low-resolution images published on this Website are made available under a Creative Commons Attribution-NonCommercial-NoDerivs licence (CC BY-NC-ND)

This licence does not include any images of works that are still in copyright (which includes anything where the creator is still alive or that falls within the period of date of death plus 70 years) or which are explicitly stated to be governed by a different licence.

The low-resolution images on this Website will usually be a jpeg of a maximum of 1024 pixels in either dimension. Higher-resolution images are often available and will be provided under specific licence conditions. For further details refer to the Museum’s Image Library

Data licence

Data sets (excluding images) published by the Museum for re-use and combining with data from other sources are made available under a Creative Commons Attribution-ShareAlike licence (CC BY-SA) . These data sets will not normally form part of the Materials on this Website unless indicated as such.

Metadata licence

Reduced data sets containing information about the contents of the Museum’s catalogue records and other resources, for the specific purposes of combining with other data sources and to assist resource discovery, are dedicated to the public domain through a Creative Commons Public Domain Dedication (CC0). These data sets are released separately from the full data sets described above and will not normally form part of the Materials on this Website unless indicated as such.

Acknowledgement/Attribution

Where any of the items on this Website are being republished or copied to others as permitted, the Museum, as the source of the material, must be identified and that of any identified contributors as authors acknowledged.

The copyright status should also be acknowledged, e.g. 'Claude Monet, Poplars, 1891, Image © The Fitzwilliam Museum, Cambridge'

Additional terms or restrictions

The Materials may be subject to additional terms or restrictions, expressly varying, modifying or broadening these Terms of Use for particular purposes, which will be indicated on the relevant pages.

Commercial use

The Materials on this Website cannot be used freely or without permission for any commercial purposes.

For details about commercial licensing, please contact the Museum’s Image Library.

Making contributions to our Website

In contributing any text, still images, video, audio or other content to the Website (the 'Contribution'):

1. You grant to the Museum a non-exclusive, world-wide, royalty-free, perpetual, sublicensable licence to copy, reproduce, broadcast, transmit, display and perform in all media for all purposes your Contribution in whole or part and the right to make the Contribution available to the public including by Creative Commons Licence as part of the Materials on this Website; and
2. You warrant that: the Contribution is your own original work or you have a licence from the author/s or copyright owner/s of the work granting the Museum use of the work on the terms of the foregoing licence/s granted by you; and you will comply with the Content Standards (below); and the Contribution does not infringe the copyright or other intellectual property rights of any person or organisation, which includes your having obtained sufficient rights (by written permission/licence or consents as appropriate) for the Museum to exercise the foregoing licence granted by you from rights holders of third-party copyright materials that you may have included in the Contribution in whole or in part, e.g. others’ literary works, photographs or other artistic works, dramatic works, musical works, sound recordings, films or broadcasts, and/or that others’ materials are used in the Contribution under statutory (legislative) exemption such as fair dealing for the purposes of criticism or review, and from all identifiable persons in any images or video/film and/or sound recordings that you may have included in the Contribution (including parental/legal guardian consent for those under 16 and for those who are vulnerable adults). Contributions or other material submitted by University of Cambridge staff and students (and others as prescribed) is also subject to the Statutes and Ordinances of the University of Cambridge, specifically Ordinances, Chapter XIII Finance and Property, Intellectual Property Rights, pp. 982-990: http://www.admin.cam.ac.uk/univ/so/.

Content standards

These content standards apply to any Contribution to the Website.

Contributions must:

• be accurate (where they state facts)
• be genuinely held (where they state opinions) comply with applicable law in the UK and the law of the country from which they are posted.

Contributions must not:

• contain any material that is likely to offend, provoke or attack other contributors to or users of the Website
• contain any material that is defamatory of any person
• contain any material that is obscene, offensive, abusive or hateful
• promote sexually explicit material
• promote violence or contain a statement or describe or encourage activities that could endanger the safety or well-being of others
• promote discrimination on the basis of age, sex, sexual orientation, disability, race, religion, or nationality
• infringe any copyright, trademark or other intellectual property right of any person or organisation
• advocate, promote or assist any unlawful act or illegal activity
• be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence
• be threatening, harass, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety to any person
• be used to impersonate any person or to misrepresent the contributor’s identity or affiliation with any person or organisation
• contain any material that contains viruses or any other computer code, programs or files designed to destroy, interrupt or limit the functionality of any computer, computer software or hardware or telecommunications equipment.

The Museum does not moderate and is not obligated to pre-moderate any submitted Contribution, but the Museum reserves the right to review, edit or remove without warning any Contribution that in its sole discretion breaches these Content Standards, and to take further action, including legal action, as the Museum reasonably feels necessary or is required by law. Notwithstanding the foregoing, and to the fullest extent permitted by law, the Museum accepts no responsibility or liability to any third party for the content or accuracy of any material posted by any user of the Website.

No reliance

Unless stated otherwise, the Website may contain advice, opinions, statements or other information by various authors or organisations. Reliance upon any such advice, opinion, statement or other information is at your risk and to the extent permitted by law the Museum disclaims all liability and responsibility arising from any reliance placed on such information by your use of the Website or by anyone who may be informed of such information.

##Links to other websites

The Website may contain links to third-party websites (“Linked Sites”). The Linked Sites are not owned or controlled by the Museum, and it is not responsible for the contents of any Linked Site. The inclusion of any link in the Website does not imply endorsement of any Website or any association with its operators. The user is responsible for viewing and abiding by the privacy, copyright and terms and conditions posted at the Linked Sites.

Trademarks

The trademarks of the Museum, the University of Cambridge and any third party displayed on the Website are the registered and unregistered trademarks of their owners. Nothing contained in the Website shall be taken, construed and/or granting any licence or right to use the trademarks displayed on the Website without the prior written permission of the owner.

Disclaimer and No Warranty

The Website is provided on an “AS IS” and “AS AVAILABLE” basis and to the extent permitted by law the Museum excludes all warranties whether express or implied by law including but not limited to the warranties of merchantability and fitness for a particular purpose. The Museum does not accept any liability arising from any inaccuracy or omission in any Materials or otherwise on the Website or interruptions in the availability of the Website or any of its features or services.

In no event shall the Museum be liable to any party for any of the following losses or damages (whether such losses be foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, loss suffered by third parties, any indirect, special, incidental, or consequential damages arising out of the use of the Website or the Materials or services provided by the Website whether or not amended by third parties and regardless of form of action.

Nothing in these terms of use is intended to exclude the Museum’s liability for death or personal injury caused by the Museum’s proven negligence or fraudulent misrepresentation.

Jurisdiction

These terms of use and all questions of construction, interpretation, validity and performance under these terms including non-contractual disputes or claims shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

General

Nothing in these terms of use is intended to nor shall it confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The Museum’s failure or delay to exercise or enforce any right in these terms of use does not waive the Museum’s right to enforce that right.

If any of these terms of use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms of use are intended to be effective, then to the extent and within that jurisdiction in which that term of use is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms of use shall survive and remain in full force and effect and continue to be binding and enforceable.

Definitions

Materials

means unless otherwise indicated, all or any information, artwork, text, video, audio, animation or picture files placed on the Website by the Museum

Museum

means The Fitzwilliam Museum, University of Cambridge

Trademarks

shall be deemed to include all logos, shields, crests and service marks

Contact details for copyright enquiries:

Image Library, The Fitzwilliam Museum, Trumpington Street, Cambridge CB2 1RB UK Email: images@fitzmuseum.cam.ac.uk

Contact details for Terms of Use enquiries: fitzmuseum-enquiries@lists.cam.ac.uk