TERMS OF USE

Welcome to the website of the Bernice Pauahi Bishop Museum (“Bishop Museum”). Bishop Museum’s website is provided to you under the following Terms of Use. Bishop Museum may at any time revise these Terms of Use by updating this web page. By accessing, browsing or using this Website, you accept and agree to, without limitation or qualification, these Terms of Use (and any amendments). You are encouraged to visit this page from time to time to review the most current Terms of Use.

COPYRIGHTS

The text, images, data, audio and video clips, and other content on this Website are protected by copyright and may be covered by other restrictions as well. Bishop Museum, and relevant third parties, own and expressly reserve all rights, including copyright, in whole and in part, throughout the world, in the materials on this Website. This Website, and the materials contained therein, may be used only as set forth in these Terms of Use or by obtaining explicit written permission from Bishop Museum and/or the relevant copyright or other rights holder. Any unauthorized use or modification of the materials on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, contract, and communications regulations and statutes and any other applicable laws. Bishop Museum expressly reserves all rights and remedies available under said law, regulations and statutes.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use the contents of this Website for public or commercial purposes, or for personal gain, without the express prior written permission of Bishop Museum. To learn more about how to request permission to use the contents on this Website, please see the section on “Obtaining Permission” below.

FAIR USE

You may use this Website for limited noncommercial, educational, and personal use only, or for “fair use” as authorized in the United States copyright laws, and provided further that you also retain all copyright and other proprietary notices contained on the materials and cite the author and source of the materials. Bishop Museum neither warrants nor represents that your use of any materials displayed on this Website will not infringe its rights or the rights of third parties not owned by or affiliated with Bishop Museum. Material under copyright owned by a third party may not be used in any form and may not be copied or downloaded without permission from the holder of the underlying copyright.

TRADEMARKS

The institutional names, exhibition names, and other trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Website, including “Bishop Museum,” “The Bernice Pauahi Bishop Museum,” and variations thereof, are registered and unregistered Trademarks of The Field Museum. The Trademarks of third parties may also be displayed on this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Website without the prior written permission of Bishop Museum or such third party that may own the Trademarks displayed on this Website. Any unauthorized use of the Trademarks or any other materials, is strictly prohibited.

OBTAINING PERMISSION

Anyone wishing to use the materials from this Website for purposes other than as authorized herein must obtain prior written approval. Permission for such use may be granted on a case-by-case basis at the sole discretion of Bishop Museum or the appropriate rights holder. A usage fee may be charged depending on the nature of the proposed use. For images from other third parties reproduced on this Website, please contact the organization or individual credited in the image’s caption directly. For all other images on the Website, and for any text excerpts, contact the Website by e-mail, webmaster@bishopmuseum.org.

THIRD-PARTY SITES

Some Bishop Museum web pages will contain links to third party websites. The linked sites are not under the control of Bishop Museum and Bishop Museum is not responsible for the contents of any linked website. These links are provided as a convenience only and should not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by Bishop Museum. Under no circumstances shall Bishop Museum be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites, or as a result of use of any information you provide to such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

POSTINGS ON THE SITE

From time to time, you may have an opportunity to post information, images or other materials to this Website. You agree that you will comply with all requirements and procedures for posting on this Website. Bishop Museum does not endorse any opinions or recommendations posted or transmitted by you or others. Any materials posted or transmitted on this Website are the responsibility of the person or persons posting the materials. It is strictly prohibited to post or transmit any unlawful, threatening, material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, a violation of privacy or publicity, or otherwise violate any law. Bishop Museum shall have the right, but not the obligation, to inspect, remove, refuse or delete any content for any reason whatsoever.

Bishop Museum is under no obligation to monitor or review discussions, chats, postings, transmissions, bulletin boards, or other similar materials on the website and assumes no responsibility or liability arising from such content or materials or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, danger, or inaccuracy contained in any information within such locations on this Website.

SUBMISSIONS

Any communications or material you transmit to the Website and/or to Bishop Museum’s domain by electronic mail or otherwise, including but not limited to any data, questions, comments, or suggestions will be treated as nonconfidential and non-proprietary. Anything that you transmit or post may be used by Bishop Museum or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Bishop Museum is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website and/or to Bishop Museum ‘s domain for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing such products using such information. These terms apply unless you have a prior, written agreement with Bishop Museum in which Bishop Museum agrees to different terms with respect to particular material, provided however that any communication or transmission made by electronic mail is non-confidential and non-proprietary. You also acknowledge and agree that The Field Museum will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose information or materials in our possession.

DISCLAIMER OF WARRANTIES

Bishop Museum assumes no liability for any errors or omissions in the content of this Website. Bishop Museum is engaged in an ongoing process of updating and revising the materials on this Website. Bishop Museum further reserves the right to withdraw any image, text, or data from this Website at its sole discretion at any time. Bishop Museum assumes no liability for any damages or losses that may occur to you or any third party based on its actions. In the event that this Website is unavailable, either on a temporary or permanent basis, Bishop Museum assumes no liability for any losses that may occur to you or any third party arising out of the unavailability of this Website.

All materials on the Website are provided “AS IS” and “AS AVAILABLE” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT SUBSISTENCE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR WILL CORRECTED.

Bishop Museum assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Website or your downloading of any materials from the Website.

LIMITATION OF LIABILITY

BISHOP MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

ACCEPTANCE OF TERMS

By using this Website, you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use our Website. Your continued use of any Bishop Museum website following the posting of changes to these Terms of Use will indicate your acceptance of those changes.