- 1KM SIte
- License and Account
- Release And Indemnity
- Limitation Of Liability
- Change of Terms
The Site is an online community which enables cultural heritage institutions to post content, promote their institution, exhibitions and collections, make images available for purchase in the Shop, and access and/or purchase services made available on the Site (“Services”). Services include, but are not limited to, any service and/or content 1KM makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, video, and software.
Certain portions of the Site may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Site may be subject to prosecution.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of 1KM. 1KM reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. 1KM may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.
License and Account
We grant you a limited, non-exclusive and non-transferable license to use the Services as they are provided to you by 1KM, in the manner permitted by this Agreement. In order to use certain features of the Services, you will also be required to register for an 1KM account. You agree to provide only accurate and true information in connection with your account and to update your information as necessary so it is always accurate and current. You may not rent, sell or transfer your account to any third party. You are responsible for keeping your password confidential and for any and all activities that occur under your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services.
Use of Content. You may view Content within the Services for your own personal, internal use in connection with your use of the Services, in accordance with the normal functionality and restrictions of the Services. We may also provide interactive features that enable you to post or share certain Content in a way that will be accessible to others, in which case you may use such features to post or share such Content, but only in accordance with the normal functionality and restrictions of such features; and such features do not imply any further permission to use any Content in any other manner. Except as expressly permitted in this Agreement, you agree not to reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content for any purpose without express prior written permission from 1KM or the applicable rights holder. Any commercial exploitation of any images or other Content without express prior written permission from 1KM or the applicable rights holder is strictly prohibited.
Mature Content Warning. Please note that Content displayed on and in connection with the Services covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or any other minor to use your computer or other Internet compatible device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
Third Party Content. Some of the content available through the Site may include materials that belong to third parties. We also obtain business addresses, phone numbers, hours and other contact information from public sources, as well as third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Site. We do not screen or investigate all third party material before or after including them on our Site. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Site. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Site, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Site are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of User Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Site, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
1KM respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. 1KM will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify 1KM of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable 1KM to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide 1KM with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable 1KM to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other websites or resources. Because 1KM has no control over such sites and resources, you acknowledge and agree that 1KM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 1KM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge 1KM, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless 1KM, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or 1KM Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall 1KM be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
1KM may terminate or suspend any and all Services and/or your 1KM account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your 1KM account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Change of Terms
1KM reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, 1KM will notify you by posting an announcement on the site. What constitutes a material change will be determined at 1KM’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind 1KM in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 1KM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 1KM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. 1KM may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the state of Washington, as if made within the state of Washington between two residents thereof, and the parties submit to the exclusive jurisdiction of the state of Washington courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
1KM Profile Pages for Cultural Heritage Institutions
In creating an account and/or claiming your institution’s listing, you represent to us that all information provided to us in such process is true, accurate and correct. If you are creating an account or claiming a listing on behalf of a business, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Properties that you are not legally entitled to claim. You acknowledge that any false claiming of a business may cause 1KM or third parties to incur substantial economic damages and losses for which you may be held accountable.
1KM Network Registration & Services
The Services are for use by individuals who represent cultural heritage institutions and are authorized to submit content on behalf of their institution. If you do not qualify for registration you are not permitted to open an account or use the Services.
As a condition to using Services, you are required to open an account with 1KM and select a username and password, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your 1KM account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your 1KM account.
1KM Network User Conduct
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not 1KM are entirely responsible for all Content that you post, or otherwise submit to the Site. 1KM does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 1KM. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any 1KM user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts;
- To post copyrighted Content which doesn’t belong to you;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms please send written notice to 1KM at firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. 1KM reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Site. By submitting content to the Site you are granting 1KM a worldwide, non-exclusive license to use the content and are representing and warranting to 1KM that the content is owned or duly licensed by you, and that 1KM is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of 1KM’s agreement to allow you to post Content to the Site and 1KM’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with 1KM as follows:
- You acknowledge that:
- By uploading your photographic or graphic works to 1KM you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to 1KM a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to 1KM includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to 1KM by you;
- 1KM uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, 1KM makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. 1KM does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize 1KM to permit users and visitors to the Site to make such low resolution copies of your Content; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- You represent and warrant that:
- You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to 1KM the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by 1KM of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against 1KM, all of which such rights are hereby expressly and irrevocably waived by you in favor of 1KM.