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.
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 Hot Spot, GlassLab, 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 protected].
RESERVATION OF RIGHTS
All rights unless specifically noted otherwise or 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.
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 THE CMOG 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.
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.
We may contract with companies or others to provide certain services, including credit card processing, data management, promotional services, etc. We provide these service providers with the information they need to perform these services, but we restrict the vendors from using the information in any way not expressly authorized by CMoG.
Send your questions, comments, or concerns about our website to [email protected].