Niagara University, operating as the Castellani Art Museum of Niagara University (the “Museum”) provides www.castellaniartmuseum.org and its subdomains (including content accessible through mobile devices as well as downloadable mobile applications) (the “Website”) in support of the Museum’s mission to connect diverse audiences to art by inspiring creativity and learning within the campus community and beyond.

By accessing the Website, the user (“User”) agrees to be bound by the below terms and conditions, which the Museum may revise at any time.

1. Copyright and Proprietary Rights. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Website (collectively, the “Materials”), unless otherwise designated, are the property of the Museum. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
2. Trademarks. Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Website, are registered and/or unregistered marks of Niagara University. The Trademarks of third parties may also be displayed on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Website without the express written permission of Niagara University or any third party that may own the Trademarks displayed on the Website. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
3. No commercial use. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited as a condition of User’s access to the Website.
4. Authorized duplication. Content noted as in the public domain may be freely used. Content designated as owned or controlled by Niagara University may be duplicated for use by accredited educational institutions, charitable organizations, and individuals; for any authorized duplication, use is limited to commentary, criticism, and scholarship.
5. No Warranty. The Museum does not warrant that use of any Materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with the Museum. For permission to reproduce images that include “© ARS” in their credit line, please contact the Artists Rights Society (ARS), at 212-420-9160, info@arsny.com, or www.arsny.com.
6. User Responsibility. As a condition of accessing this Website, User agrees to use the Website for lawful purposes only and will not participate in any action that will violate the rights of others, compromise the security of the Website, or damage the Website and their content.
7. Privacy. The Museum is committed to protecting the privacy of visitors to the Website in accordance with applicable laws and regulations. All information gathered from users in connection with use of the Website is governed by the
8. Museum’s Privacy Policy. Please note that the Website is not specifically intended for use by children and the Museum does not actively solicit information from children; the Museum does not request any person to submit personally identifiable information or other content to the Website.
9. Links to Third-Party Sites. The Museum may include on the Website links to third party content. Such links are provided as a convenience and does not imply endorsement or affiliation with the linked site by the Museum. The Museum does not review all of the sites linked to or from the Website and is not responsible for the content of sites linked to or from the Website.
10. Integrated Third-Party Tools. The Museum offers integrated tools and other social sharing features on the Website. By accessing the integrated tools and features users agree to be bound by the third party’s terms of service.
11. Disclaimer of Warranties. Without limiting the foregoing, all Materials on the Website 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, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Museum may update, change, or delete content at any time. The Museum makes reasonable, ongoing efforts to revise and update the Website, but does not warrant that the Website will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Website. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Website or downloading of any Materials from the Website. At its discretion the Museum may discontinue or take down the Website or any section or Material within the Website at any time.
12. Limitation of Liability. NEITHER THE MUSEUM, 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 THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITE, CONTENT, AND/OR COMPILATION.
13. Digital Millennium Copyright Act (DMCA). Notice and Procedure for Removal of Copyright Infringement. If you believe that any content posted on the Site infringes your copyright, per Copyright Act 17 U.S.C. Section 512(c) (3), you may request removal of those materials by following the below procedure:

    a. A notice, in writing, must be sent to the Museum’s duly registered agent for matters of infringement: Director of Information Technology, Richard P. Kernin, Room 108, Niagara Museum, NY 14109. Phone: (716) 286-8042.   Fax: (7167) 286-8045.   The items listed below must be included in your notice:

    b. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    c. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

    d. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the University to locate the material;

    e. Information reasonably sufficient to permit the University to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

    f. A statement that you have a good-faith belief that that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    g. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

    The Museum shall remove the material described as soon as it receives a notice that complies with the above criteria, and will take reasonable steps to inform the User who posted the allegedly infringing material (“Alleged Infringer”) of the allegations and removal.

    The Alleged Infringer may then provide the Museum with a counter-notice (“Counter-Notice) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

    h. A physical or electronic signature of the alleged infringer;

    i. Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

    j. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;

    k. The Alleged Infringer’s name, address (no P.O. Box), and telephone numbers; and

    l. A statement of consent to jurisdiction in the Western District of New York federal court and consent to service of process from the complaining party or their agent.

    Upon receipt of the Counter-Notice, the Museum will notify you of the Complaining Party of the Counter-Notice ad restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless the Complaining Party informs the Museum that they have filed an action seeking a court order to retrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site.

14. Indemnity. To the extent allowed by law, User agrees to indemnify, defend, and hold Niagara University and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website or any of its Materials.
15. Entire Agreement; Severance; Waiver. These Terms and Conditions incorporate by reference any notices on the Website and, together with the Privacy Policy and?, constitute the entire agreement regarding user access to the Website. If any provision of the terms and conditions or the Privacy Policy is deemed unlawful, void, or unenforceable, that provision will be severable from the remaining provisions and will not affect their validity and enforceability. The Museum’s failure to enforce a provision on any occasion shall not be construed as a waiver of such provision.
16. Applicable Law and Jurisdiction. These Terms and Conditions and any amendments 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 dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Niagara County and the State of New York.