TERMS AND CONDITIONS OF MFAH WEBSITE USE

The MFAH is committed to protecting the privacy and personal information of its constituents.

Access to and use of the MFAH’s website (“Site”) is subject to the following terms and conditions (“Terms & Conditions”) as well as all applicable federal and state laws. By accessing the MFAH’s website, you (“User”) unconditionally accept without modification the MFAH’s Terms & Conditions and agree to be bound by its terms. User acknowledges that the MFAH may revise Terms & Conditions at any time without notice. By accepting the Terms & Conditions, the User agrees not to use the MFAH Site in order to violate any laws or to interfere with the operation of the Site.

  1. USER PRIVACY. MFAH is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the MFAH Website is governed by MFAH’s Privacy Policy. Please note that the MFAH Website is not specifically dedicated to children and MFAH does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the MFAH. All text, images, and data on the MFAH’s Site are protected by copyright and may be covered by other restrictions as well. The MFAH retains all rights, including copyright, in and to data, images, software, documentation, text, and other information or intellectual property contained on the Site (the "Materials"). Copyright and other proprietary rights may be held by third parties other than, or in addition to, the MFAH Site.
  2. LIMITED USE OF CONTENT. Materials are made available for limited non-commercial, educational, and personal use only, or for “fair use” as defined by U.S. copyright laws (See, e.g., Title 17, Section 107 of the U.S. copyright law and the “Teach Act”). The User may download files or images from the Site for his or her own personal use (subject to any additional terms or restrictions which may be applicable to the individual file or program), but must cite the author and source of the Materials (just as a user would attribute the source of material from a printed work), and all citations should include the URL “www.mfah.org”. Materials may not be altered in any way. The MFAH does not warrant that use of the Materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with the MFAH. Materials protected by copyright owned by a third party may not be used in any form (meaning that such Materials may not be copied or downloaded without prior permission from the holder of the underlying copyright). Copying or redistribution Materials in any manner for commercial use (including scholarly publication), or for personal gain is strictly prohibited.
  3. DIGITAL MILLENIUM COPYRIGHT ACT NOTIFICATION. MFAH respects the intellectual property of others, and we ask users of the MFAH Site to do the same. MFAH may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the MFAH Site of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to MFAH's Copyright Agent:
    1. a description of the copyrighted work that you claim has been infringed;
    2. a description of where the material that you claim is infringing is located on the MFAH Website;
    3. your address, telephone number, and email address;
    4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;


    The Museum's agent for notice of claims of copyright infringement can be reached as follows:

    By Mail:
    The Museum of Fine Arts, Houston
    Attn: Photographic and Imaging Services Manager
    P.O. Box 6826
    Houston, Texas 77565-6826

    By Email:
    DMCA_Agent@mfah.org

    By Telephone:
    (713) 639-7300
  4. SUBMISSIONS. Any communication or material you post, transmit, or distribute to the MFAH 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 MFAH 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, MFAH is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the MFAH Site for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
  5. TRADEMARKS. Many of the trademarks, service marks, and logos (the "Trademarks") displayed on this Site, including “The Museum of Fine Arts, Houston”, are registered and/or unregistered marks of the MFAH. Trademarks of third parties may also be displayed on this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of the MFAH or any third party that may own the Trademarks displayed on the Site. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms & Conditions, is strictly prohibited.
  6. WARRANTY AND INDEMNIFICATION. Without limitation, all Materials on the Site are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. MFAH DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. MFAH 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. MFAH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION

    User agrees to indemnify and hold MFAH and its Trustees, employees, affiliates, officers, agents, co-branders, and other partners, harmless from any claim or demand, including copyright infringement, made by any third party due to or arising from or in connection with User’s use of the Site.
  7. LIMITATION OF LIABILITY. The MFAH is not liable for any indirect, special, or incidental loss of business, los of profits or consequential damages, whether based on breach of contract, warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage.
  8. LINKING TO OTHER SITES. The MFAH Site contains hyperlinks to other internet sites not under its control. These hyperlinks are not express or implied endorsements or approvals by MFAH of any products, services, or information from these sites. Likewise, the MFAH is not responsible for the content of any off-site pages or other sites linked to the Site. Linking to any off-site pages or other sites is at User’s own risk.
  9. CHOICE OF LAW / JURISDICTION AND VENUNE. The Terms & Conditions shall be governed and construed in accordance with applicable Texas and federal law. Any case, controversy, suit, action, or proceeding arising out of, in connection with, the Terms & Conditions shall be brought in the appropriate federal or state court located in Harris County, Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts. Any claim arising under the Terms & Conditions must be brought within one (1) year after such claim or cause of action arose or will be forever barred.
  10. ENTIRE AGREEMENT. The Terms & Conditions represent the entire agreement between the User and the MFAH. The failure of MFAH to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
  11. IMAGE REPRODUCTION. Anyone wishing to use the Materials from this Site for purposes other than as authorized herein must obtain prior written approval from the MFAH, via its Photographic and Imaging Services Manager, c/o MFAH, P.O. Box 6826, Houston, TX., 77265 or by email to: webeditor@mfah.org. Permission for such use is granted on a case-by-case basis at the sole discretion of MFAH. A licensing fee may be charged depending on the nature of the proposed use.