BY ACCESSING OR USING SAHARA, OR BY CONTRIBUTING IMAGES TO SAHARA, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“SAHARA TERMS OF USE”), WHICH MAY BE MODIFIED FROM TIME TO TIME BY THE SOCIETY OF ARCHITECTURAL HISTORIANS (“SAH”). ANY MODIFICATIONS TO THESE SAHARA TERMS OF USE WILL BE POSTED TO THIS SITE.

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.

If you are accessing a SAHARA Images that has a different license attached to it, you may use the SAHARA Image in accordance with the terms of that license, in addition to using it pursuant to the SAHARA Terms of Use.

4. Prohibited Uses

You may not make any commercial use of any SAHARA Image. You may not modify or make derivative works of any SAHARA Image, such as cropping or editing a SAHARA Image. You may not make any modification to the Metadata, including copyright notices, appearing in SAHARA. In addition, you may not make any use that exceeds or violates these SAHARA Terms of Use.

Notwithstanding the foregoing, nothing in these SAHARA Terms of Use are in any way intended to limit, restrict or override any educational or other exceptions to copyright laws, including the US doctrine of fair use at 17 USC 107, provided that you shall be solely liable (and SAH, SAH Members Artstor shall not be liable) for any uses you make of SAHARA Images under those exceptions.

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:

  1. Nonexclusive License to SAH

    You hereby grant to SAH a nonexclusive, worldwide, royalty-free, transferable (as provided herein), irrevocable and perpetual (for the life of the copyright in Your Images plus any extensions or renewals thereof) license to reproduce, distribute, publicly perform, publicly display, and/or make derivative works of Your Images, and/or any portion thereof for educational and scholarly purposes, including, without limitation, in connection with the compilation, display, reproduction, performance, and/or distribution of SAHARA. The foregoing license includes (a) the right to sublicense Your Images to users of SAHARA for educational and scholarly purposes, including the uses outlined under Paragraph 3 and Paragraph 4 of the SAHARA Terms of Use, and (b) the right to transfer and sublicense the foregoing rights and uses to SAH’s partners and service providers for educational and scholarly purposes, including those consistent with SAH’s compilation, display, performance, reproduction, and/or distribution of SAHARA. The foregoing license also includes permission to use Your Images in print and electronic materials promoting and describing SAH and SAHARA. This license extends to any and all future technologies or media, whether now known or hereafter developed.

  2. Optional, Additional Permissions

    Unless expressly permitted by you, SAH prohibits users of SAHARA from incorporating Your Images in Academic Publications, as defined in Paragraph 3, above. Should you affirmatively select from the usage options indicated in the image upload tool (or in the Appendix to a paper copy of these SAHARA Terms of Use, as discussed in Paragraph 14 below) to allow Your Images to be used in Academic Publications, you hereby grant, in addition to the permissions granted in paragraph 5(A) above, a nonexclusive, worldwide, royalty-free, transferable, irrevocable and perpetual (for the life of the copyright in Your Images plus any extensions or renewals thereof) license to SAH to reproduce, distribute, publicly display, publicly perform, and/or make derivative works of Your Images, and/or any portion thereof for inclusion in Academic Publications. The foregoing license includes the right to transfer or sublicense Your Images, and/or any portion thereof, to users of SAHARA to incorporate Your Images into Academic Publications and to SAH’s partners and service providers for purposes consistent with use of Your Images in such Academic Publications. This license extends to any and all future technologies or media, whether now known or hereafter developed.

    SAH may offer you the opportunity to share Your Images under different terms through an optional license(s). Should you affirmatively select from the usage options indicated in the image upload tool (or in the Appendix to a paper copy of these SAHARA Terms of Use, as discussed in Paragraph 14 below) to allow Your Images to be licensed for additional purposes through an optional license(s), in addition to the permissions granted in paragraph 5(A) above, you hereby grant SAH a license to use Your Images in accordance with the terms of the license you selected.

  3. 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.

  4. 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 copyright@sah.org.

    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 copyright@artstor.org.

  5. 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.

6. Privacy Policy

By using SAHARA and/or uploading Your Images to SAHARA, you agree to the terms of the SAHARA Privacy Policy , which may change from time to time.

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.

9. Fees

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

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL SAH AND/OR ITS SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION ARTSTOR, BE LIABLE TO YOU OR THIRD PARTIES ON ANY LEGAL THEORY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THESE SAHARA TERMS OF USE, THE USE OF YOUR IMAGES, OR THE USE OF SAHARA OR ANY ASSOCIATED HARDWARE OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SAH AND/OR ITS SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION ARTSTOR, BE LIABLE FOR THE SUM OF MORE THAN ONE (1) MONTH OF ANY ACCESS FEES TO ACCESS SAHARA.

13. Other

 

  1. 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.

  2. 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.

  3. No Assignment

    Except as otherwise permitted herein or by written agreement of the parties to these SAHARA Terms of Use, the parties may not assign these SAHARA Terms of Use or any of the rights and obligations hereunder. Notwithstanding the foregoing, SAH may assign its rights and obligations under these SAHARA Terms of Use to any successor-in-interest (including without limitation by way of merger, sale of substantially all of SAH’s assets, etc.) or pursuant to any contractual requirements with SAH’s funding sources, including without limitation, The Andrew W. Mellon Foundation.

  4. Links

    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.

  5. 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.

  6. Notice

    Notice to you may be provided by electronic communication or standard mail addressed to the contact information you provide SAH. Notice to SAH may be provided by electronic communication or standard mail addressed to the contact listed in Paragraph 5(D). Notice shall be deemed to have been given on the day of the delivery of the transmission with respect to electronic mail and five business days following the day of mailing if mailed postage prepaid, with respect to standard mail. A notice to SAH will not change the terms of these SAHARA Terms of Use, or the terms of any other agreement, unless authorized officer(s) of SAH accept(s) such change in writing.

  7. 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.

  8. Termination

    Your access to SAHARA may be terminated by SAH should you repeatedly violate these SAHARA Terms of Use, or should you not pay any fees required to access SAHARA, or should the service no longer be made available.

  9. Choice of Law, Venue

    These SAHARA Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflict of laws principles. Any lawsuit arising out of or related to these SAHARA Terms of Use must be brought solely in the state or federal courts located in Cook County, Illniois. Each party hereby irrevocably consents to the venue and exclusive personal jurisdiction of such courts for all purposes

  10. Waiver and Severability

    If any provision of these SAHARA Terms of Use is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of these terms, and without further actions by the parties to these terms, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent..

  11. Entire Agreement

    These SAHARA Terms of Use shall constitute the entire agreement between the parties hereto and shall supercede all previous agreements and understanding between the parties with respect to the matters herein, and may not be modified except by written mutual agreement of the parties hereto. The rule of contract construction by which any vague or ambiguous terms are to be construed against the drafter will not be applied to these SAHARA Terms of Use.

14. Paper Versions

If you are contributing Your Images to SAHARA online, you do not need to fill out or sign a paper version of these SAHARA Terms of Use. In addition to being posted online, however, these SAHARA Terms of Use may be provided to some contributors in paper format with attached Appendices. If you received the SAHARA Terms of Use as a paper copy, this paragraph, the following provisions and the Appendices are hereby incorporated into to these SAHARA Terms of Use by reference:

  1. Signature

    If you are contributing Your Images to SAHARA online, you do not need to sign these SAHARA Terms of Use. If you received these SAHARA Terms of Use in a paper format, you must, on behalf of yourself or the organization that you represent, provide your signature at Appendix A in order for these SAHARA Terms of Use to be legally binding. By signing these SAHARA Terms of Use, you agree to be bound by the SAHARA Terms of Use. You must deliver to SAH a signed copy of these SAHARA Terms of Use and completed Appendices with your contributed images. These SAHARA Terms of Use shall be binding upon counter signature by SAH.

  2. 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.

  3. Signature

    If you are contributing Your Images to SAHARA online, you do not need to sign these SAHARA Terms of Use. If you received these SAHARA Terms of Use in a paper format, you must, on behalf of yourself or the organization that you represent, provide your signature at Appendix A in order for these SAHARA Terms of Use to be legally binding. By signing these SAHARA Terms of Use, you agree to be bound by the SAHARA Terms of Use. You must deliver to SAH a signed copy of these SAHARA Terms of Use and completed Appendices with your contributed images. These SAHARA Terms of Use shall be binding upon counter signature by SAH.

  4. 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.

  5. Counterparts

    This SAHARA Terms of Use may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one agreement.