Acceptance of Terms and Conditions
The Corning Museum of Glass ("CMoG") provides this website and the Museum Shops online (together, the "CMoG Website") in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE CMoG WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the "Terms and Conditions"). CMoG MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE CMoG WEBSITE NOW AND REFRAIN FROM FURTHER USE.
PROTECTION OF PRIVACY
The names, titles, trademarks, service marks, and logos that appear on the CMoG Website are registered and unregistered marks of CMoG, including but not limited to The Corning Museum of Glass, CMoG, The Shops, The Studio, Hot Glass Show, and ("CMoG Trademarks"). You may not use the CMoG Trademarks without CMoG's prior, written permission.
The trademarks of third parties may also appear on the CMoG Website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the CMoG Website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the CMoG Trademarks or may be construed to mean that CMoG has authority to grant any right or license on behalf of any third party trademark owner.
ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the CMoG Website are protected by copyright laws and may be covered by other restrictions as well. CMoG retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, CMoG. CMoG expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
FAIR USE IS PERMITTED
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from the CMoG Website for such uses are welcome to do so without CMoG's express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL "https://www.CMoG.org".
By downloading, printing, or otherwise using text, audio, video, image and other files from the CMoG Website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate CMoG's or any other party's proprietary rights.
COMMERCIAL USE IS RESTRICTED
Unauthorized publication or exploitation of CMoG's files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from CMoG's collection should be addressed directly to email@example.com.
RESERVATION OF RIGHTS
All rights not expressly granted by CMoG herein are specifically and completely reserved. Nothing on the CMoG Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that CMoG has authority to grant any right or license on behalf of any third party.
CMoG at times may provide unrestricted forums on the CMoG Website for the exchange of ideas and information by participants. CMoG does not edit or control the information, materials, or modifications posted to, or distributed through, the forums. By posting or distributing information, materials, or modifications through the forums, you expressly abandon any proprietary rights you may have therein, and you agree that such information, materials, or modifications may be freely used, copied, and distributed by others, without your permission, in any medium throughout the world. To the extent you wish to post or distribute information, materials, or modifications to the CMoG Website that you do not own, CMoG requires you to obtain any necessary permissions from the third party owners before doing so. You acknowledge and agree that you will not upload, distribute, or otherwise post any information, materials, or modifications to the CMoG Website that is libelous, defamatory, threatening, abusive, unlawful or that encourages a criminal offense; contains any viruses or other code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; infringes the copyright or other proprietary rights of any third party; or contains any advertising, promotional, or solicitation material.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
CMoG respects the intellectual property of others, and we ask users of the CMoG Website to do the same. CMoG may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the CMoG Website of users who may be repeat infringers of copyright.
If you believe material posted on or linked to or from the CMoG website constitutes copyright infringement, please provide a written, signed notice of infringement (a “DMCA Notice”) to the designated agent at CMoG, by fax or mail, at the address provided below. Such DMCA Notice should be in the form suggested by the United States Digital Millennium Copyright Act and should include the following information:
- Identification of the copyrighted work(s) that you claim to have been infringed (for example: title, author, registration number, URL).
- A description of where the material claimed to be infringed is located on the CMoG Website (for example a link to the page that contains the material).
- Information reasonably sufficient to permit CMoG to contact you, such as an address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
CMoG’s designated agent for DMCA notices is our Chief Information Officer, who can be reached as follows:
Chief Information Officer
The Corning Museum of Glass
1 Museum Way
Corning, NY 14830-2253
+1 (607) 438-5298
CMoG provides the above contact information for DMCA notices only and reserves the right to respond only to correspondence that is relevant to DMCA compliance.
Please note: The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are or whether a copyright has been infringed, you should check with a legal advisor first.
Any communication or material you post, transmit, or distribute to the CMoG Website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by CMoG or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, CMoG is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the CMoG Website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
WARRANTY AND INDEMNIFICATION
By using the CMoG Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold CMoG, its affiliates, trustees, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the CMoG Website.
DISCLAIMER OF WARRANTIES
CMoG PROVIDES THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. CMoG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. CMoG DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. CMoG MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. CMoG ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THECMOG WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER CMoG, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
SEVERANCE AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. CMoG's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by CMoG.
VENUE AND CHOICE OF LAW
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in a Federal or State court located in Steuben County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
Privacy and Security
CMoG's policy on collecting information on the CMoG website
When you order a product from the Museum Shops online, we need to know your name, billing and shipping addresses, telephone number, email address, and credit card information to process your order. Your credit card information will be used only as needed to process your transaction.
ONLINE MEMBERSHIPS AND DONATIONS
When you purchase a CMoG membership or make a donation to CMoG online, we will ask you to provide us with the information we need to process your membership and/or to acknowledge your contribution. This information includes your name, billing and shipping addresses, telephone number, email address, and credit card information. Your credit card information will be used only as needed to process your transaction.
From time to time, CMoG may invite you to participate in surveys posted on the CMoG Website or sent to you by email. You may decide whether or not you wish to complete such surveys, which may ask about your background, occupation, or similar questions. We use this information to help us better understand our audience, which in turn allows us to better meet your needs and interests.
CMoG will occasionally offer visitors the opportunity to participate in online contests or sweepstakes. If you choose to enter, you will need to provide your name and email address so that we may contact you in connection with the contest. We may also request that you provide us with certain other information, such as your zip code, state of residence and grade in school (provided that you are at least thirteen years of age).
CHILDREN TWELVE AND UNDER
CMoG does not solicit personal information from children. Visitors twelve years of age and under should remember that they are required to obtain an adult's permission before submitting any personal information to this or any other website.
As a service, CMoG offers visitors to the CMoG Website the opportunity to subscribe to one or more of our online newsletters. If you choose to subscribe, you will receive CMoG E-Communications on the topics you choose. You may subscribe or unsubscribe at any time by following the E-Communications instructions.
Cookies are small files of information that are stored on your computer's hard drive by your Web browser. The cookies we use do not contain any personal information. Most Web browsers automatically accept cookies, but you can change the preferences of your browser so that it does not accept them. In order to use all the features of the Museum Shops online, we recommend that you accept cookies.
CMoG's policy on the use and disclosure of the information it collects on the CMoG Website
CMoG uses the personal information you provide to us for internal purposes, such as filling and tracking your order, analyzing trends and collecting statistics. CMoG may also compile and provide aggregate statistics about our visitors, customers, sales, traffic patterns and related site information to third parties, but these statistics will not include any personally identifying information.
CMoG may release account information when such release is reasonably necessary to comply with the law; enforce the terms of any of our user agreements; or protect the rights, property, and safety of CMoG, the users of its site, or others.
USE OF OUTSIDE VENDORS
CMoG may from time to time retain qualified third-party vendors in order to help us manage the CMoG Website and allow us to better serve our visitors and customers. These may include third-party vendors we engage to analyze the information we collect on the CMoG Website for marketing or similar purposes. CMoG requires its vendors to maintain the security of the information to which they are provided access and restricts the vendors from using the information in any way not expressly authorized by CMoG.
CMoG secure server software uses industry-standard Secure Socket Layer (SSL) encryption technology. SSL encodes your personal information, including credit card number, name, and address, as it travels over the Internet so that all transactions are secure. If you prefer, you may also place a Museum Shops order by phone at (800) 723-9156. For membership gifts, please call (607) 438-5600 and for donations, please call (607) 438-5555.