1. Description of SAHARA and How SAHARA Images May be Shared
SAHARA is a collection of visual materials, including still photographic images, QTVRs, films, videos and other visual media files, along with metadata, cataloging and texts related to such materials (collectively “SAHARA Images”), that depict the built environment. SAHARA is being developed by SAH, through contributions of SAH members, for educational and scholarly uses. SAHARA is made available on the software platform created by Artstor Inc. (“Artstor Software Platform”), using tools developed by Artstor Inc. (“Artstor”) and in some instances developed by both Artstor and SAH (collectively “Access Software”).
SAH makes some SAHARA Images available only through SAHARA, and in addition may share SAHARA Images with other resources for educational and scholarly purposes. Further, should a contributor to SAHARA of SAHARA Images so choose, SAH may make a contributor’s contributed SAHARA Images available for Academic Publications or other purposes as defined below in Paragraph 3, or on other websites, for broader uses.
2. Limited License
You are granted a limited, personal, nontransferable license to use SAHARA, the Artstor Software Platform, and the Access Software pursuant to these terms and to any additional terms and policies set forth by SAH.
3. Permitted Uses of SAHARA Images
Unless expressly permitted otherwise in writing, you may reproduce, distribute, publicly display and publicly perform SAHARA Images only for teaching, research and study purposes, including without limitation use in materials typically distributed by a teacher or lecturer in a class, such as class handouts, or distribution to a limited numbers of scholars, researchers or curators for the purposes of collaboration, comment or similar educational or scholarly use. When doing so, you must include the following attribution in Metadata associated with each SAHARA Image: (i) the SAHARA name and website address (www.saharaonline.org) and (ii) the copyright notice designated for such image (if any).
Some SAHARA Images, if clearly labeled as such, may be used for purposes other than teaching, research and study. If the SAHARA Images so indicate, you may use that SAHARA Image for academic and scholarly publications whose primary purpose is education and scholarship (“Academic Publications”). Academic Publications include without limitation educational and/or scholarly books, articles, websites (including commercial subscription websites), CD-ROMs, DVDs, and archival versions of the Academic Publications in non-profit electronic archives such as JSTOR (www.jstor.org) and/or in for-profit electronic library content providers such as Ebsco (www.epnet.com) or ProQuest (www.umi.com). This definition also extends to any and all future educational and scholarly technologies or media that develop to supplement or replace current technologies.
4. Prohibited Uses
5. Uploading and Sharing Your Images Through SAHARA
If you have photographed or otherwise created an image or images (including still photographic images, QTVRs, films, videos and/or other visual media files, along with Metadata related to such material(s)) (collectively “Your Images”) and are sharing Your Images through SAHARA, you agree to the following terms upon uploading Your Images to SAHARA:
Nonexclusive License to SAH
Optional, Additional Permissions
Representations and Warranties
You represent and warrant that either you have created Your Images or, if you are acting on behalf of the creator, that you have express, advance authority from the creator of Your Images to upload Your Images to SAHARA, and to grant the licenses you have selected in uploading Your Images to SAHARA. In contributing Your Images, you represent and warrant to the best of your knowledge (or if you are acting on behalf of the creator of Your Images, you have been assured that the creator represents and warrants to the best of his or her knowledge) that the sharing of Your Images for the purposes you have selected will not violate or infringe any intellectual property rights in the underlying works depicted in Your Images (taking into account your good faith belief that the underlying works are no longer under copyright and, therefore, are in the public domain, depict architectural work(s) located in or ordinarily visible from a public place, or are being provided and used consistent with an educational or other exception to copyright laws such as the doctrine of “fair use”). You acknowledge that SAH derives no financial benefit or other gain, nor does it control, the uses that you make of Your Images.
You further represent and warrant that you will not upload, post, transmit or otherwise make available Your Images if: they are unlawful (because they are, for example, harmful, threatening, abusive, defamatory, obscene, or libelous, or violate any third party rights); or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
No Representations or Warranties by SAH, Artstor or Similar Educational Resources in Your Images
SAH and/or its service providers (including without limitation Artstor) make no representations and warranties of any kind, and are in no way liable to you, as a contributor of Your Images or as a user of SAHARA Images. SAH and its service providers are under no obligation to screen Your Images to ensure that they do not violate or infringe copyright or other intellectual property laws, and as such SAH and its service providers are acting as an online service providers under the Digital Millennium Copyright Act.
SAH and/or its service providers may disable a user’s access to SAHARA if that user infringes the copyright of a copyright owner associated with a SAHARA Image, or if the user infringes the intellectual property rights in the Access Software or Artstor Software Platform. If you believe that Your Image has been copied in a way that constitutes copyright infringement, please contact SAH’s and Artstor’s copyright agents with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; ( e) 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
SAH’s copyright agent can be reached as follows:
Society of Architectural Historians, Office of the Executive Director, 1365 N. Astor Street, Chicago, IL 60610, phone: (212) 500-2400, fax: (212) 500-2424, and email email@example.com.
Artstor’s copyright agent can be reached as follows:
Artstor, Office of General Counsel, 151 East 61st Street, New York, NY 10065, phone: (212) 500-2400, fax: (212) 500-2424, and email firstname.lastname@example.org.
Policies Regarding Uploading Your Images and Modification of Data Associated with Your Images
You acknowledge that SAH and its service providers may develop policies and restrictions concerning use of SAHARA, which will be posted in SAHARA or on the SAH website. These policies may limit, for example, the types of images you upload onto SAHARA, or the maximum disk space allowed for Your Images.
SAH and/or Artstor may modify, delete or supplement the metadata, cataloging, or other data associated with Your Images, except for any correct copyright attributions you provide for Your Images.
7. Passwords and Security
If you receive a password and account designation, you are solely responsible for maintaining the confidentiality of such password and account, and are fully responsible for all activities that occur under your password or account. Neither SAH nor Artstor are in any way liable for any loss or damage for your failure to comply with this provision.
8. Rights to SAHARA, and Associated Hardware and Software
Nothing herein modifies the rights held by SAH to SAHARA, or any other rights of SAH and/or its service providers in any in any software, hardware or other content associated with SAHARA.
You understand and agree that SAH may charge users fees to access SAHARA Images and other fees to recoup costs associated with other services it provides and/or to sustain SAHARA and its distribution.
10. Use of Software; Unavailability of SAHARA
Except for the limited license herein to use SAHARA, the Access Software and Artstor Software Platform in connection with SAHARA, you have no rights of any kind to the Access Software or the Artstor Software Platform, or to any software developed by SAH and/or its service providers, unless otherwise provided. Except as otherwise provided, you may not copy, modify, distribute, decompile, reverse engineer, circumvent, or disable encryptions or other protections in, or creative derivative works from, SAHARA, the Access Software or the Artstor Software Platform.
11. DISCLAIMERS OF WARRANTIES
UNLESS EXPRESSLY STATED IN WRITING HEREIN, SAH AND ITS SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION ARTSTOR, MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING SAHARA IMAGES, SAHARA OR ANY ASSOCIATED HARDWARE OR SOFTWARE, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, THE PRESENCE OR ABSENCE OF ERRORS, OR THE AVAILABILITY OF SAHARA OR USE OR USABILITY OF THE SOFTWARE ASSOCIATED WITH SAHARA, WHETHER OR NOT DISCOVERABLE TO THE FULLEST EXTENT ALLOWED BY LAW. NOTHING HEREIN SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP AND THIS LICENSE IS BEING PROVIDED ‘AS IS.’ Some jurisdictions do not allow the exclusion of implied warranties, in which case such implied warranties may apply.
12. LIMITATION OF LIABILITY
Taxes, Costs and Fees Associated with Using SAHARA, the Access Software and the Artstor Software Platform
You are solely responsible for any taxes, costs or fees associated with obtaining a network connection to SAHARA, or in connection with obtaining or using any computer equipment to access SAHARA.
No Use of Trademarks
You may not use SAH or its service providers’ names, logos, trademarks, or brands without SAH or its service providers’ express permission, as applicable. SAH and/or it servicer providers will not use your names, logos, trademarks or brands, except to indicate that Your Images were provided by you, and to list your name in connection with Your Images. Nothing in this Agreement shall be deemed to have created an agency, partnership or joint venture between you and SAH or its service providers. SAH may list your name as having contributed images, video or other content.
SAH or Artstor may provide links to other websites or services from SAHARA. Neither SAH nor Artstor endorse any content on such websites or services, and shall not be liable for any loss, claim, injury, liability or damages arising out of or relating to such links.
Notice of Claim
In the event any claim or threatened claim is brought against you in connection with your use of, or contribution of Your Images to, SAHARA, you agree to immediately notify SAH and Artstor.
Withdrawal of Licensor’s Content
You may have SAH temporarily withdraw any of Your Images provided to SAH hereunder in the event of a legal claim, dispute, or action with respect to such images. If SAH determines that such claim, dispute or action cannot be resolved with the potential claimant, SAH may permanently withdraw Your Images from SAHARA. Should SAH determine that one or more of Your Images contributed to SAH should not be used or distributed by SAH for legal or other reasons, it reserves the right not to exercise the rights granted herein with respect to such images.
Choice of Law, Venue
Waiver and Severability
14. Paper Versions
Appendix, Notice to Users that Your Content Is Your Property
Subject to Paragraph 5(E), above, the attribution information you provide in Appendix B indicating your property in Your Images will accompany Your Images in SAHARA. In addition, subject to Paragraph 5(E), portions of the information you provide in Appendix B may accompany Your Images as Metadata.
License of Additional Images Over Time at Licensor’s Discretion
Should you seek to contribute other images to SAH in addition to the images described or listed in Appendix B, you shall so notify SAH in writing, and provide SAH with those additional image files, along with an attachment that identifies such additional images (‘Additional Images’). Upon receipt of such notification and such Additional Images, such attachment shall be automatically incorporated herein and such Additional Images shall be deemed SAHARA Images and subject to the terms outlined herein.