Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND GREATEST PHOTOGRAPHS OF THE AMERICAN WEST, referred to as GPAW henceforth,  governing your use of this site, www.photographsofthewest.org, which includes but is not limited to products, software and services offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. ‘Greatest Photographs of the American West’ reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 20 July 2012.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Intellectual Property Issues

The Site is owned by National Museum of Wildlife Art. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Greatest Photographs of the American West.

Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms.

Pursuant to the copyright and trademark laws of the United States, you agree:

    • 1. That you may only download Content that GPAW designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use
    • 2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from National Geographic, unless such use is pursuant to Educational Use of Content of this agreement.
    • 3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
    • 4. To refrain from framing, inline linking, or mirroring any portion of the Site
    • 5. You retain all of your ownership rights in material you upload, comments you post, or other content you provide to the Site (“User Content”). By uploading User Content, however, you grant GPAW (which includes its subsidiaries, affiliates, joint venturers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with GPAW Products. GPAW may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such GPAW Products. To enable GPAW to use the User Content in GPAW Products, GPAW may request you to provide the User Content in other formats, and if technically possible, you agree to provide the User Content in such other formats so long as GPAW pays you the reasonable costs of providing the User Content in such other formats. A GPAW Product is defined as “a product of Greatest Photographs of the American West, a subsidiary, affiliate, joint venturer, or licensee of GPAW, in any language, over which GPAW has Editorial Control.” For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the GPAW Product. You also agree that GPAW may make User Content available to users of the Site who may display and redistribute it in the same way that GPAW makes all other Content available.

 The National Geographic Archive

The National Geographic Archive online product is subject to all of these Terms of Service, including particularly the commitment that you will not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from National Geographic. In addition, to the extent you are authorized to use the National Geographic Archive product through a login ID, such use is authorized only for personal and non-commercial purposes. Use by libraries, which include without limitation all academic, school (K-12), public, government, corporate and special libraries, worldwide, is prohibited.

Educational Use of Content

With respect to Content designated as available for download for educational purposes (“Downloadable Content”), Educators or Learners may download and exhibit such Downloadable Content on a stand-alone basis or embed in their own presentations, handouts, worksheets, other educational aids, homework, school reports, and other educational assignments or projects. For the purposes of this Agreement, “Educators or Learners” consists of librarians, teachers, support staff, administrators and other staff of educational institutions, students, and adults supporting such students’ learning. The following restrictions apply to all Downloadable Content:

    • • Educators or Learners are prohibited from disseminating Downloadable Content beyond such Educator’s or Learner’s particular educational institution, organization, or home.
    • • Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes.
    • • Educators or Learners may make no modifications to Downloadable Content and must preserve all National Geographic or Licensor credits, copyright notices and other proprietary notices.
    • • Educators or Learners may neither make use of nor allow or enable the use of Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites, regardless of educational use, but may store Downloadable Content on password-protected computer networks administered by the Educator’s or Learner’s school or school system.
    • • Educators or Learners may post only products the Educator or Learner has created that contain Downloadable Content and only to a password-protected website administered by the Educator’s or Learner’s school or school system or by National Geographic.
    • • Educators or Learners who embed Downloadable Content in the form of video material (e.g. through a video player) must also comply with the NG Terms of Service User Conduct with respect to Video Players.