Middleburg Museum Foundation’s Terms of Use Statement

TERMS OF USE

The Middleburg Museum Foundation (the “Foundation”) provides and maintains websites and other digital platforms to further its mission of preserving and promoting the cultural heritage of Middleburg and its surrounding areas (the “Websites”). These Websites include www.middleburgmuseum.org, related program sites, third-party sites where the Foundation is active, and mobile applications.

By accessing or using any of the Websites, you agree to abide by these terms, which may be updated by the Foundation at any time.

1. Ownership of Content

The Foundation owns the collection of materials presented on the Websites, which includes but is not limited to text, images, audio, video, databases, design elements, code, and software (collectively, the “Content”). Although the Foundation owns the compilation, individual elements of the Content may be owned by third parties and are used with their permission or in accordance with applicable laws, such as fair use. The Foundation may hold certain intellectual property rights to some, but not all, of the Content.

2. Use of Content

Content on the Websites is categorized for use as follows:

a. Content Available Under Creative Commons Zero (CC0) Content marked with the Creative Commons Zero (CC0) license is available for both commercial and noncommercial use without restriction. However, the Foundation does not warrant that all Content marked with CC0 is free from other legal rights, including those held by third parties. Users are responsible for ensuring their use of such Content complies with any additional applicable legal requirements.

b. Other Content – Usage Conditions Apply All other Content is subject to restrictions and may only be used for personal, educational, or other non-commercial purposes in line with fair use principles under U.S. copyright law. The Foundation reserves all rights not expressly granted herein unless the Content is specifically marked with the CC0 icon.

To use Content with these restrictions, you must:

  • Properly attribute the author and source as you would with any material from a printed publication.

  • Whenever possible, provide a citation and link to the original Website as the source of the Content.

  • Retain any copyright, trademark, or other proprietary notices, including attribution information, credits, and notices, that are included with the Content.

  • Adhere to any terms or conditions specified in the metadata or otherwise associated with the Content, including those related to copyright, trademark, privacy, and publicity rights.

Commercial Use of Restricted Content You may not use restricted Content for commercial purposes without obtaining prior permission from the Foundation or other applicable rights holders. This means you may not sell, license, or otherwise exploit such Content for profit without explicit authorization. Any use of restricted Content for advertising or promotional purposes is similarly prohibited without express consent.

For permission inquiries or further information, please contact the Foundation at [insert contact information].

3. Trademarks

The names, logos, trademarks, service marks, and other branding elements that appear on the Websites, including those of the Foundation, are protected under trademark law. You may not use these trademarks to suggest an endorsement or affiliation without the prior written consent of the Foundation.

Third-party trademarks may also be displayed on the Websites. Nothing in these terms grants you any rights to use these trademarks without the appropriate permission from the trademark owners.

4. User-Generated Content

The Foundation may offer interactive features on its Websites, such as comment sections or forums, to engage with the community. Users are expected to adhere to the following rules of conduct to maintain a respectful and educational environment:

  • Keep discussions relevant to the topic at hand.

  • Express opinions in a manner suitable for a diverse audience.

  • Avoid posting anything defamatory, obscene, or otherwise inappropriate.

  • Refrain from spamming, selling, or advertising non-Foundation products or services.

  • Understand that by submitting content, you grant the Foundation a license to use it for noncommercial, educational, or promotional purposes.

  • Post only materials that you have the right to share and avoid any illegal activity.

The Foundation reserves the right to remove any content that violates these guidelines.

5. Copyright Complaints

If you believe that any Content on the Websites infringes your copyright, please contact the Foundation’s legal team at [insert contact information] with details of your claim, including the specific Content in question and evidence of your ownership rights.

6. Links to Third-Party Sites

The Websites may include links to external sites not controlled by the Foundation. These links are provided for convenience and informational purposes only and do not imply any endorsement by the Foundation. The Foundation is not responsible for the content, accuracy, or policies of third-party sites.

7. Disclaimer

The Websites and Content are provided “AS IS” and “AS AVAILABLE” without any warranties, express or implied. The Foundation disclaims any liability for damages or losses that may arise from your use of the Websites or Content. The Foundation reserves the right to update or remove any Content or Website features at its discretion.

8. Indemnification

You agree to indemnify and hold the Foundation harmless from any claims, liabilities, damages, or expenses arising from your use of the Websites or any violation of these terms.

9. Governing Law

These terms are governed by applicable federal law and the laws of the state of Virginia. Any disputes arising under these terms shall be resolved in the appropriate courts located in Virginia.

10. Privacy

By using the Websites, you consent to the Foundation’s collection and use of your information as described in the Privacy Policy.