The Museum of Fine Arts, Boston (“MFA”) thanks you for your order. These Terms and Conditions state the terms governing your order and use of the Images. Please read it carefully and contact us at the addresses given below if you have any questions. THESE TERMS AND CONDITIONS ARE INTENDED TO FORM A BINDING AGREEMENT. BY ACCEPTANCE AND USE OF THE IMAGES DELIVERED AS A RESULT OF YOUR ORDER (THE “Images”) YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT PLACE AN ON-LINE ORDER FOR PHOTOMATERIALS FOR STUDY/ PERSONAL PURPOSES.
The Images depict objects from the MFA’s collection in a manner expressing the scholarly and aesthetic views of the MFA. The Images are not simple reproductions of the works depicted and are protected by copyright. Unless you have received a broader license from the MFA under a separate written agreement regarding the Images signed by the MFA, your right to use the Images will be as follows. The MFA grants you permission to display and view these images directly or with the aid of a slide projector only in connection with non-commercial activities including scholarly research excluding all reproduction and publication. All other rights are reserved to MFA. You are expressly prohibited from reproducing, distributing, or creating derivative works based upon the Images, converting the Images to any other medium, publishing, broadcasting or transmitting the images in any medium (including digital or electronic media) or using or displaying the Images in connection with activities that arise from or relate to advertising of any kind or nature or a commercial, for-profit enterprise. The rights granted to you in these Terms and Conditions are personal to you, and may not be transferred or sublicensed to any other person or entity.
The MFA regularly makes images available for reproduction and publication in, for example, research papers and textbooks, but does so under terms different than those offered here. To inquire regarding the availability of the Images for uses not permitted by these Terms and Conditions and related licensing terms, or to raise questions about the scope of permitted use, contact the MFA’s Digital Image Resources department by mail or fax at the following address: Digital Image Resources, Museum of Fine Arts, Boston, 465 Huntington Avenue, Boston, MA 02115-5597 USA, fax (617) 437-7471.
While the Images are in your possession or control you will take reasonable steps to preserve the Images from destruction and to prevent their improper use. In particular, and without limitation, you will not provide the Images or copies of the Images to any other person or entity. If you have received digital files containing the Images from MFA, you will also maintain these files at a storage location that is secure and accessible only to you. Without limitation, it will be a breach of these terms and conditions to for you to create an archive of one or more Images that is made accessible to third parties. While the rights granted herein do not expire on a specific calendar date, these rights are not granted perpetually. You may use the image for so long as reasonably necessary to carry out the scholarly research to which your use of the Image relates. When you complete this research, or cease to be active in the field of scholarly research generally, then the rights granted herein will expire, you will cease and desist from use of the Images, and you will destroy all Images in your possession or return such Images to the MFA at the address given above.
The MFA does not claim, represent or warrant that it owns or has the ability to license all proprietary rights relating to the Images, or that the Images are suitable for any particular use or purpose. For example, and without limitation, artists may maintain copyright in the objects depicted in the Images. You warrant and represent to MFA that you have all rights, licenses, permissions, consents, or releases, necessary to your use of the Images. You will defend, indemnify and hold the MFA harmless from all claims, allegations, or causes of action (whether threatened or pending), expenses, costs and fees (including the fees of attorneys and other consulting or testifying professionals), liabilities, losses, damages, or judgments arising from or relating to your use of the Images. Your sole and complete remedy against the MFA for any claim or cause arising from or relating to the Images or these Terms and Conditions will be the refund to you of any money paid by you to the MFA pursuant to these Terms and Conditions. YOU ACCEPT THE IMAGES IN “AS IS” CONDITION, AND MFA DISCLAIMS ALL WARRANTIES OF ANY KIND IN THE IMAGES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE.
These Terms and Conditions will be construed under and governed by the laws of The Commonwealth of Massachusetts, without regard to its conflict of laws principles. By providing the Images to you, the MFA does not endorse, sponsor or affiliate itself with you or any institutions or entities you may be affiliated with, and you will not make any use of the name or marks of the MFA in any manner that suggests endorsement, sponsorship or affiliation. You agree that any use or exploitation of the Images in breach of these Terms and Conditions will cause the MFA irreparable injuries for which there is no adequate remedy at law. Therefore, you agree that in addition to any other remedies to which the MFA may be entitled in law or equity, upon your breach of these Terms and Conditions the MFA will be entitled to temporary, preliminary, and permanent injunctive relief, specific performance and other forms of immediate equitable remedy. These Terms and Conditions state your entire agreement with the MFA regarding your use of the Images, and supercedes all prior agreements whether written or oral relating to the same subject.
These Terms and Conditions may not be modified except by a written agreement signed by you and the Digital Image Resources department of the MFA. (For clarity, Digital Image Resources is the sole authorized representative of the MFA with respect to rights in the Images. The MFA will not be bound by, and it will be unreasonable for you to rely upon, the apparent agreement of any other person or department of the MFA.) All claims or allegations arising under or relating to these Terms and Conditions will be filed and prosecuted before any court of competent subject matter jurisdiction in Boston, Massachusetts. You consent to the personal jurisdiction of such courts over you for this purpose. In any action to collect amounts owing under these Terms and Conditions, enforce the licensing terms of these Terms and Conditions, or otherwise responding to breach of these Terms and Conditions by you, the MFA will, in addition to any other remedies, be awarded all of its costs of collection and legal fees, including the fees of attorneys, accountants, expert witnesses and other consulting professionals.