User Agreement



 

By using this Resource Library (formerly Resource Library Magazine) Web site, an online publication of Traditional Fine Arts Organization, Inc. ("Resource Library Web Site"), you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). Resource Library reserves the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the Resource Library Web Site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.

 

1. LIMITATIONS ON USE

Copyright and Restrictions. All information displayed, transmitted or carried on the Resource Library Web Site (including, but not limited to, directories, index pages, news articles, opinions, reviews, text, photographs, images, illustrations, trademarks, service marks and the like, collectively the "content") is protected by copyright and other intellectual property laws. The content is owned by Traditional Fine Arts Organization, Inc., Resource Library, its affiliates or third party licensors. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the content or infringe upon trademarks or service marks contained in such content. You agree to abide by all copyright notices and restrictions attached to any content accessed through the Resource Library Web Site, not to alter the content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the content.[1]

Permitted Use. Under the fair use provisions within US copyright law, you may be able to make a single copy of the content displayed on the Resource Library Web Site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such content. You may not archive or retain any content in any form without the written permission from Resource Library.[2]

Copyrights to articles and essays by named authors contained in Resource Library are not owned by the publication. Also, copyrights to images such as those of artworks or any other images provided by sources are not owned by the publication. Unless otherwise noted on Resource Library pages containing images relating to sources such as museums and their exhibitions, the images were provided by those sources to Resource Library for publicity purposes and are not owned by Resource Library. If you wish to republish text or image materials please contact directly the institutions or individuals noted as content sources for further direction.

Resource Library will not assist you in securing permissions for materials which it does not own.

You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from the respective copyright holders. You may link to any .htm page in the Resource Library Web Site; however you may not link to .jpg of .gif images, including "thumbnail" or "enlargement" images.

Changes in Resource Library Web Site. Resource Library may modify, suspend, discontinue or restrict the use of any portion of the Resource Library Web Site, including the availability of any content feature, at any time and without notice or liability.

 

2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

THE RESOURCE LIBRARY WEB SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. RESOURCE LIBRARY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE RESOURCE LIBRARY WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. RESOURCE LIBRARY MAKES NO WARRANTY REGARDING THE RESOURCE LIBRARY WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE RESOURCE LIBRARY WEB SITE. RESOURCE LIBRARY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE RESOURCE LIBRARY WEB SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL RESOURCE LIBRARY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE RESOURCE LIBRARY WEB SITE, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY LIABILITY OF RESOURCE LIBRARY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO RESOURCE LIBRARY BY OR ON BEHALF OF YOU IN CONNECTION WITH THE RESOURCE LIBRARY WEB SITE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.

 

3. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in Pima County, State of Arizona within one year after the cause of action, otherwise the cause shall be barred.  

 

Notes:

1. For an explanation of Internet-related copyright issues see "Copyright and Fair Use in the Classroom, on the Internet, and the World Wide Web," by the University of Maryland University College. For more information on Fair Use please see the article "The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable" from Nolo.

2. A related topic is plagiarism, the committing of fraud in one's writing by not properly citing sources, paraphrasing others' ideas or quoting the words of others. The newness, ease of use and openness of the Internet can lead well-intentioned yet uninformed individuals to misunderstand the proper use of Web-published intellectual property. Others purposefully cheat knowing the crimes they are committing. Students, scholars and newspaper reporters have been found guilty of plagiarism which is an illegal and unethical practice. The Web has made plagiarism progressively easier for those who wish to cheat. Before computers and scanners became widely used, plagiarism was facilitated by laborious hand copying, followed by typing of the final paper. Upon the widespread use of the computer and scanner, plagiarism became easier. If books or serials could not be checked out of the library, photocopies were made there, followed by offsite machine OCR scanning of the photocopies, proofreading the digitized text, then copying and pasting it into a new electronic document. If the books or serials could be checked out of the library, the photocopying step was saved. If an individual elected to take a laptop computer to the library, typing there saved the handwriting step but still was far less efficient than scanning substantial amounts of text. With the advent of the Web, plagiarism reached a new level of ease. Plagiarists could now select digitized text, copy and paste it into a new electronic document.


General note: Links to sources of information outside of the Resource Library Web Site are provided only as referrals for your further consideration. Please use due diligence in judging the quality of information contained in these and all other Web sites and in employing referenced consultants or vendors. Information from linked sources may be inaccurate or out of date. Traditional Fine Art Organization, Inc neither recommends or endorses these referenced organizations. Although Traditional Fine Art Organization, Inc. includes links to other Web sites, it takes no responsibility for the content or information contained on those other sites, nor exerts any editorial or other control over those other sites. For more information on evaluating Web pages see Traditional Fine Art Organization, Inc.'s General Resources section in Online Resources for Collectors and Students of Art History.

 

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