Carnegie Museum of Natural History

One of the Four Carnegie Museums of Pittsburgh

Terms of Use

Terms of Use

Carnegie Museum of Natural History, which includes Powdermill Nature Reserve, is a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh (collectively referred to as, “CMNH”, “us” or “we”). We are providing the information and other content on this website, its subdomains, and other domains registered by Carnegie Institute on behalf of Carnegie Museum of Natural History (“Site”) in support of our mission. By accessing these Terms of Use (“Terms”), along with the Carnegie Museums of Pittsburgh’s (“CMP”) Privacy Policy, the User agrees to be bound by the Terms of this Site. If you, as User of the Site (“User”, “you” or “your”) do not agree with these Terms, or if you do not agree with the Privacy Policy, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.

Acceptance of Terms and Conditions and Privacy Policy

By accessing and browsing this site, you acknowledge that you have read, understand and accept these Terms, including CMP’s Privacy Policy, and that you agree to be bound by these Terms and the Privacy Policy. CMNH may change these Terms and/or the Privacy Policy so Users are encouraged to visit this page from time to time to review the most current Terms and Privacy Policy. Your continued use of the Site after new or revised Terms are effective indicates you have read and understand and agree to be bound by those new or revised Terms.

Copyright and Other Proprietary Rights to Content

Unless otherwise noted, all of the text, images, trademarks, data, film and video files and clips, audio files and clips, archival materials, software, databases, designs and other materials on the Site (“Content”) are protected by copyright laws and may also be protected by other restrictions. CMNH is the owner of the compilation of the Content posted on this Site. However, CMNH does not necessarily own each component of the compilation. Copyright and other proprietary rights in the Content, including contractual rights, may be held by individuals or entities other than, or in addition to, CMNH.  Additionally, your use of some Content may infringe upon trademark rights, rights of publicity and/or rights of privacy of third-parties. For some Content, CMNH records do not indicate any evidence of copyright or other proprietary restrictions, however, this does not necessarily mean that no such restrictions exist. CMNH expressly prohibits the copying of any protected Content, except for the purposes of fair use as defined in the copyright laws and as described below.

Permitted Uses of the Content

Fair use includes the use of copyrighted materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of Content is fair use under the copyright laws and you are also responsible for responding to any claims that may arise from your use. You understand that even if your use of the Content is fair use as defined by the copyright laws, use of some Content may nevertheless be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy and/or contractual restrictions. While some, but not all, of the Content on the Site can downloaded, by downloading, printing or otherwise using the Content on this Site, you agree that you will limit your use to fair use and will not violate the copyrights or other proprietary rights of CMNH or any other individual or entity.

Your noncommercial use of the Content on this Site is subject to the following requirements unless otherwise noted for specific Content: (i) you must cite the author and source of the Content as you would Content from any printed work with the citation including the URL (carnegiemnh.org or powdermill.org) as the source of the Content; (ii) you may not remove any copyright, trademark or other proprietary notices, including attribution information, credits, and notices, that are placed in or near text, images or data; and (iii) you must comply with all terms or restrictions, in addition to copyright terms or restrictions, including trademark, publicity and privacy rights, or contractual restrictions, as may be specified in the metadata or may otherwise apply to the Content.

Uses that Require Written Permission

Unless otherwise noted, downloading, copying, transmitting, distributing, creating derivative works, modifying, publicly displaying, publishing, selling, promoting, or advertising products or services or otherwise using the Content on this Site for commercial purposes or for any purpose other than fair use and noncommercial educational purposes as set forth above is expressly prohibited. Additionally, high-resolution digital images of Content may be available or may become available in the future. If you wish to use the Content for any purpose other than the permitted uses discussed above or if you wish to secure and use any high-resolution digital images of the Content, you must obtain prior written permission from CMNH, or other owner of the Content as applicable. Requests for permission for all uses of the Content on this Site should be sent to:

By Email: cmnhweb@CarnegieMNH.org

By Mail:    Carnegie Museum of Natural History, Marketing Department, 4400 Forbes Avenue, Pittsburgh, PA 15213

Please be aware that CMNH may not be the proper party or only party that you need to contact in order to obtain permission to use certain Content. As a result, after you initially contact us, we may redirect your requests.

Trademarks

Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, including Carnegie Museum of Natural History, are registered or unregistered marks of CMNH and/or Carnegie Institute d/b/a Carnegie Museums of Pittsburgh. The trademarks of third-parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of CMNH or the third party that owns the Trademark and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.

User Accounts

No registration, login, or membership to CMNH is required to use most of the features on the Site. Where you are required to create a User Account, including creation of a login and password, you are responsible for protecting your login and password from unauthorized use and for all activity that occurs on your account. You are prohibited from using another person’s account without permission. You agree to notify us immediately if you believe your login or password has been used without your permission. We are not responsible for losses or damages caused by your failure to safeguard your login or password.

Interactive Features and User Generated Content

(a) General. CMNH may provide certain interactive features, such as blogs where Users are invited to engage with us by submitting content such as comments, images and tags (“User Content”). While we welcome diverse insights and views, CMNH reserves the right, but not the obligation, to delete any User Content, at our sole discretion, that we deem inappropriate. The posting of User Content on this Site does not imply any endorsement of that User Content by CMNH.

The following types of User Content are strictly prohibited:

  • User Content that infringes on the rights of a third party such as intellectual property rights, publicity rights, or privacy rights;
  • User Content that is threatening, defamatory, obscene, abusive, false, or misleading or harmful to minors;
  • User Content that contains viruses, corrupted files, or other materials that may cause damages to another’s computer;
  • User Content that violates these Terms of Use or the terms of use of any sites owned or operated by others that relate to the use and/or operation of this Site;
  • User Content that contains advertisements, spam, or other forms of solicitation; and/or
  • User Content that could violate any law or regulation.

You are solely responsible for the User Content you submit. We make no representations that your User Content will remain available on the Site. We do not guarantee any confidentiality with respect to your User Content. You understand that other User Content will be appearing on the Site, that we are under no obligation to monitor such User Content and assume no responsibility or liability arising from such User Content, including, but not limited to, any defamation, libel, slander, omission, falsehood, obscenity, profanity or inaccuracy contained in such User Content. While we have the right to monitor User Content, we assume no responsibility for and have no obligation to remove or modify such User Content.

(b) Grant of Rights.  By submitting User Content, you hereby grant CMNH, a worldwide, non-exclusive, fully paid-up, royalty free, perpetual, irrevocable, transferable license with the right to grant and sublicensees to use, reproduce, distribute, modify, prepare derivative works, adapt, display, perform, and otherwise exploit your User Content in connection with the Site and CMNH’s mission. This grant includes, without limitation, redistributing some or all of the User Content in any media and through any media channels now known or hereafter discovered. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content and grant CMNH the right to use your name, likeness or voice that you submit with any User Content. You also grant each user of the Site the non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content.

(c) Your Representations and Warranties Regarding User Content. You understand and agree that you are solely responsible for your User Content and the consequences that may arise due to the posting of such User Content. You affirm, represent and warrant that you have the necessary licenses, rights, consents, and permissions to use the User Content and to authorize CMNH to post and otherwise use, and to permit other Users to use, the User Content as set forth in these Terms.

Purchasing on the Site

CMNH has the right to refuse, limit, or cancel any orders placed on this Site for products or services. Errors in pricing are subject to correction and may be adjusted at any time. Errors on order processing are also subject to correction. You must be 18 or older to make a purchase on this Site. Where purchases are made by credit card, you agree that if legal action is needed to collect the amount due from your credit card purchase, you will reimburse CMNH for all expenses incurred to recover the amounts due, including attorneys’ fees and other expenses. You understand that, while CMNH will make every attempt to provide accurate information about the products and services purchased on the Site, CMNH does not warrant that any information, including descriptions, promotions, and availability, is correct, complete, current, or without typographical errors. CMNH also makes every effort to present the products and other items it sells on its Site as accurately as possible. The display depends on the settings of a User’s particular monitor. CMNH cannot guarantee that the  display on an individual’s monitor will be correct.

Links to Third-Party Sites

This Site may provide links to sites that are owned or operated by third parties (“Third-Party Sites”).  We have no control over such Third-Party Sites and cannot guarantee, represent, or warrant that the content on those sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not necessarily imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these sites.

Digital Millennium Copyright Act

It is the policy of CMNH to respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (DMCA). Upon receipt of a notice that complies with the DMCA, CMNH will expeditiously remove or disable access to the content that is the subject of the notice. CMNH may also, in appropriate circumstances and in its discretion, take reasonable steps to disable and/or terminate access of Users of this Site who may be repeat infringers of copyright. In accordance with the DMCA, if you believe that any Content on this Site infringes copyrights that you own, please provide the following information to CMNH’s designated agent set forth below:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work you claim has been infringed;
  • A description of the infringing material and information reasonably sufficient to permit CMNH to locate the material;
  • Your contact information, including your address, telephone number, and email address; and
  • A statement by you, made under penalty of perjury, that the information you have supplied in your notice is accurate, that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and, where applicable, that you are authorized to act on behalf of the copyright owner.

CMNH’s designated agent for receipt of notification of any claimed infringement is:

By Email:  dmca-contact@carnegiemuseums.org

By Mail:    Office of the General Counsel Carnegie Museums of Pittsburgh 4400 Forbes Avenue Pittsburgh, PA 15213

Disclaimer of Warranties and Limitation of Liability

CMNH disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third party proprietary rights, arising from your use of the Site or its Content. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site or any portion thereof. CMNH assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content. CMNH, Carnegie Institute d/b/a Carnegie Museums of Pittsburgh, and its affiliates, trustees, directors, officers, employees, and/or agents shall have no liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, even if advised of the possibility of such damages, arising from or related to use of this Site or its Content.

Termination, Modifications and Content Removal

We may, at any time: (a) modify, suspend, or terminate the operation of or access to the Site or any portion thereof for any reason; (b) modify or change the Site for any reason; (c) remove or change Content on this Site at any time in our sole discretion; or (d) interrupt the operation of the Site for any reason. Your access to, and use of the Site, may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and your license to us to use User Content.

Indemnification

You agree to indemnify, defend, and hold CMNH, Carnegie Institute d/b/a Carnegie Museums of Pittsburgh and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from or relating to your use of the Site or any of the Content on the Site.

Jurisdiction, Venue and Choice of Law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, may only be brought in a federal or state court located in Allegheny County, Pennsylvania and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver

If any provision of these Terms is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. CMNH’s failure to exercise or enforce any rights or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and the Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.

Reservation of Rights

CMNH reserves the right to change these Terms and the Privacy Policy at any time and for any reason at its sole discretion. Such changes may be made without notice and are effective immediately upon posting, and continued use of the Site constitutes acceptance of such changes. Users of the Site should visit this page periodically to review the most current Terms.

EFFECTIVE DATE: 11/27/2017