Welcome to the Hillman Photography Initiative at the Carnegie Museum of Art (“CMOA”), a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh (collectively referred to herein as “Carnegie Museums of Pittsburgh”, “us” or “we”).  

The following terms of use (“Terms of Use”), together with the Hillman Photography Initiative Privacy Policy, govern your use of the Hillman Photography Initiative Site (www.nowseethis.org), which is comprised of the following projects:  The Invisible Photograph; The Sandbox: At Play With The Photobook; This Picture; Orphaned Images; and A People’s History of Pittsburgh (collectively the “Site”). 

If you do not agree with these Terms of Use, or if you do not agree with the Hillman Photography Initiative Privacy Policy, please do not use the Site.  By using the Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental or guardian consent to use the Site. 

NOTICE: BY ACCESSING, BROWSING, CONTRIBUTING CONTENT, MATERIALS, INFORMATION OR COMMENTS OR OTHERWISE USING  THE SITE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE HILLMAN PHOTOGRAPHY INITIATIVE PRIVACY POLICY.

Access to the Site

In order to access certain features of the Site, you will be required to become a Registered User by either using an existing account you already have with Facebook, Google or Twitter or by creating an account through the Site (either one is your “User Account”).

Creating a User Account will require you to establish a login identifier and a password.  You are responsible for all activity on your User Account and are responsible for the protection of your login identifier and password from unauthorized use.  Your User Account is not transferable and you agree to notify us in writing immediately if you believe your User Account has been or may be used without your permission.  We are not responsible for any loses or damages that relate in any way to the theft of your User Account, your disclosure of any information in your User Account or your authorization to allow another person or entity to use your User Account.  

Trademarks

The names, titles, trademarks, service marks, and logos that appear on the Site are registered marks, marks where registration is pending, or unregistered marks of Carnegie Museums of Pittsburgh (“Marks”).  You may not use our Marks without the written permission of Carnegie Museums of Pittsburgh. The trademarks of third parties may also appear on the Site. You may not use those trademarks without the written permission of the respective owners. You acknowledge and agree that nothing on the Site grants you any right or license to use any of our Marks or may be construed to mean that we have the authority to grant any right or license to use the trademarks owned by any third party.

Copyrights and Other Proprietary Rights

Photographs, images, text, documentation, electronic text, image files, audio and video files and other materials on the Site, including User Content as defined below (“Site Content”) are protected by copyright and other laws.  Carnegie Museums of Pittsburgh, or persons and entities whose Site Content appears on the Site, retain all copyrights and other proprietary rights in and to the Site Content. 

Authorized Uses

Site Content is available for non-commercial and personal uses only or for fair use as defined in the United States copyright laws. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes such as teaching, scholarship, research, criticism, commentary and news reporting.  Downloading, printing, copying, distributing or otherwise using Site Content for commercial purposes, including commercial publication or personal gain, is expressly prohibited.  Your use of User Content and other individual Site Content may also be restricted by copyright or other proprietary rights such as the right of publicity or right of privacy.  If you believe these copyright and other proprietary rights do not restrict your right to download or print Site Content, you must cite the author and source of the material as you would from any printed work.  The citation should also reference the Hillman Photography Initiative at Carnegie Museum of Art and should include the URL “http:// www.nowseethis.org”.  By downloading, printing, or otherwise using Site Content, users agree they will limit their use of such Site Content to fair use and will not violate the proprietary rights of Carnegie Museums of Pittsburgh, CMOA, the Hillman Photography Initiative or any other person or entity.

Content Submitted by Users

A.General Rules. We invite users to engage with The Hillman Project Initiative by submitting content to the Site such as comments, responses, texts, photographs, images, audio recordings and videos (“User Content”).  User Content will be posted, organized and/or featured on the Site at our discretion.  You understand that we have the right, in our sole discretion, to post, exhibit, display, distribute and/or use any User Content you provide but have no obligation to do so.  While welcoming diverse perspectives and insights, we reserve the right, but have no obligation, to delete any User Content that we deem inappropriate at our sole discretion, including, but not limited to the following types of content:

• content that infringes, violates or misappropriates the rights of any other person or third party, including copyright, trademark and other intellectual property rights, publicity rights or privacy rights;
• content that is threatening, defamatory, obscene or abusive;
• content that is false or misleading;
• content that contains viruses, corrupted files, or other materials that may cause damage to another’s computer;
• advertisements, spam, or other forms of solicitation;
• content that could violate any law or regulation; and
• content that we otherwise find inappropriate at our sole discretion.

You agree you will not submit any User Content that violates the rules set forth above and unless you are the owner of all rights in and to the User Content, including copyrights, trademark rights, rights of publicity, rights of privacy, trade secret or other rights or unless you have written permission from the owners of all proprietary rights associated with the User Content as well as all materials, marks, symbols, works, persons and/or places contained within the User Content as may be required by law.  You also understand that we reserve the right to bar you from posting content on the Site if, under appropriate circumstances, it is determined you have been a repeat infringer or violator of these rules.  You understand that we are not responsible for unauthorized duplications, modifications, distributions or use of any User Content by third parties.  All User Content submitted to the Site will be considered non-confidential and non-proprietary and we do not guarantee the confidentiality of any submission to the Site, whether that submission is posted on the Site or not. 

By submitting User Content you acknowledge that you are least 18 years of age or have parental or guardian consent to submit such User Content.  You understand you are solely responsible for your own User Content and that the posting of your User Content does not constitute an endorsement of or any opinion on such content.  You represent and warrant that you own, or have the necessary licenses, rights, consents, and written permissions to use all trademark, copyright or other intellectual property or proprietary rights in and to all User Content and that none of your User Content infringes on the trademark, copyright or other intellectual property or proprietary rights of others, including the rights of privacy and publicity.  

B.Uploaded Photographs, Videos and Audio Recordings.  With respect to User Content in the forms of photographs, video and/or audio recordings uploaded or submitted to the Site, including for the “A People’s History of Pittsburgh” and “This Picture” projects detailed below, you specifically understand and agree that it is your responsibility to ensure that the necessary contracts or releases have been obtained from those individuals or entities whose likenesses, voices, trademarks, written materials, artworks, or similar materials or rights appear or are depicted in the photographs, videos and audio recordings you submit.  Copies of such contracts or releases shall be provided to us upon request.  You agree that you will not submit any photographs, videos or audio recordings unless you are the owner of all proprietary rights (such as copyrights, trademark rights, rights of privacy, rights of publicity, trade secret or other rights) in and to the photographs, videos and audio recordings and all materials included therein or unless you have written permissions from the rightful owners to use the photographs, videos and audio recordings and all materials included therein and to grant the licenses herein granted to the Carnegie Museums of Pittsburgh to use the photographs, videos and audio recordings and all materials and rights included therein. 

1.A People’s History of Pittsburgh

Under the project entitled “A People’s History of Pittsburgh” Registered Users will be permitted to upload and/or submit User Content in the forms of photographs and text to the Site. By uploading and/or submitting User Content, you agree to comply with these Terms of Use. 

Classroom Participation.  If you are a teacher interested in having your class participate in A People’s History of Pittsburgh by submitting photographs taken as part of your class curriculum, please contact Becky Gaugler at [email protected]. 

2.This Picture

Under the project entitled “This Picture”, Registered Users will be permitted to upload and/or submit User Content in the forms of photographs, videos, audio recordings and text to the This Picture Site. .  By uploading and/or submitting your User Content, you agree to comply with these Terms of Use. 

Classroom Participation.  If you are a teacher interested in having your class participate in This Picture by submitting responses created as part of your class curriculum, please contact Becky Gaugler at [email protected].  

C.License.  By submitting User Content, you hereby grant the Carnegie Museums of Pittsburgh a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and transferable license with the right to grant sub-licenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, transmit, communicate, perform or otherwise exploit your User Content, (including derivative works thereof), either alone or in conjunction with others we designate, on the Site and in books, photobooks, catalogues and other publications relating to the Hillman Project Initiative and/or the Carnegie Museums of Pittsburgh and for publicizing and promoting the Carnegie Museums of Pittsburgh and its programs and projects, including the Hillman Photography Initiative, in all media formats and through all media channels, including, but not limited to print, film, video, television, internet, and other electronic, broadcast (including streaming) and other media, now known or later developed.  You also grant the Carnegie Museums of Pittsburgh the right to use your name, likeness and biography in connection with the above uses of your User Content and in any advertising, publicity, and promotion related thereto and grant each user of the Site a non-exclusive right and license to access your User Content through use of the Site.  You understand that you will not have any approval rights over any of the foregoing uses and that you will not be compensated for any such uses.  You agree to irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

D.Flagging Inappropriate Photographs or other User Content.  If you believe that any User Content on the Site, including any uploaded photographs, text or videos, violates these Terms of Use, you may flag the specific User Content.  Following such flagging, we have the right, but not the obligation, to review the specific User Content that was flagged  to determine, in our sole discretion, whether the specific User Content in question violates these Terms of Use and should be removed from the Site.  By flagging any specific User Content, including photos, you represent that you have a good faith belief that the specific User Content violates these Terms of Use and that this belief is the only reason you flagged the specific User Content. 

Disclaimer of Warranties and Limitation of Liability

We disclaim 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 non-infringement of copyrights or other third party proprietary rights.  The posting of User Content from third parties on the Site does not constitute an endorsement of or any opinion on the User Content and we expressly disclaim any and all liability relating to any User Content that is available on or through the Site.  We do not warrant the accuracy or completeness of any User Content.  We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume 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.  We assume 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 Site.  Neither the Carnegie Museums of Pittsburgh nor its affiliates, trustees, directors, officers, employees, agents or sub-licensees shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, arising from or related to your use of the Site even if such damages are caused by its/their negligence.

Indemnification and Release

You agree to release, covenant not to sue, defend, indemnify, and hold harmless the Carnegie Museums of Pittsburgh its respective affiliates, trustees, directors, officers, employees, agents and sub-licensees, from and against all claims, liabilities, causes of action, losses and damages, and costs and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Site, including, but not limited to, the violation of copyrights, trademark rights, rights of publicity or privacy, trade secret or other proprietary rights, by reason of any User Content you post on the Site.

Links from the Hillman Photography Initiative Site

The Hillman Photography Initiative Site may provide links to sites owned and operated by Carnegie Museums of Pittsburgh and its affiliated museums.  The Site may also provide links to sites that are owned or operated by third parties who have no relationship with the Hillman Photography Initiative and Carnegie Museums of Pittsburgh and its affiliated Museums.  (“Third Party Site”).  We have no control over such Third Party Site and cannot guarantee, represent or warrant that the content on such Third Party Site is accurate and legal and do not contain viruses or other features that may adversely affect your computer.  A link from our Site to a Third Party Site does not imply a relationship with or endorsement of the Third Party Site.

Digital Millennium Copyright Act

We respect the intellectual property of others.  In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that any content on the Site infringes on your copyright, please provide the following information to our designated agent:

• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit the Hillman Photography Initiative to locate the material;
• Your contact information, including your address, telephone number, and email;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

The designated copyright agent who will receive notification of any claimed infringement is:

[email protected]
Carnegie Museums of Pittsburgh
4400 Forbes Avenue
Pittsburgh, PA 15213.

Jurisdiction, Venue and Choice of Law

These Terms of Use shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.  Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, shall be brought in any appropriate federal or state court located in Allegheny County, Pennsylvania and you hereby waive any objection that you may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.  The failure of the Carnegie Museums or Pittsburgh to exercise or enforce any rights or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use and the Hillman Photography Initiative Privacy Policy are the sole and entire agreement between you and us with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter. 

Reservation of Rights

We reserve the right to change these Terms of Use and the Hillman Photography Initiative Privacy Policy at any time and for any reason at our sole discretion.  Such changes may be made without notice and are effective immediately upon posting.  Your continued use of the Site constitutes acceptance of such changes.  Users of the Site should visit this page periodically to review the most current Terms of Use.

Violations of Terms of Use

Your violation of these Terms of Use could result in your being denied access to the Site at our sole discretion.

How to Contact Us

If you have any comments or questions on these Terms of Use, please do not hesitate to contact us at:

Hillman Photography Initiative
c/o Carnegie Museum of Art
4400 Forbes Avenue
Pittsburgh, PA  15213

Effective Date:  April 25, 2014

©2014 Carnegie Museum of Art, a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh.  All rights reserved.