Terms of Use

What You Need to Know

Access to and use of the Yale Peabody Museum of Natural History digital assets is subject to the following Terms of Use and all applicable laws. By accessing any Yale Peabody Museum asset, including this website, you accept these Terms of Use and agree to be bound by them. The Yale Peabody Museum may at any time revise these Terms of Use by updating this page and such revisions will be effective on posting to this page. You are bound by any such revisions and should therefore regularly review these Terms of Use.

 

The Yale Peabody Museum of Natural History makes available a variety of digital assets and associated information for specimens, objects and archival items housed in the Yale Peabody Museum. The Yale Peabody Museum is committed to providing broad access to its collections for teaching, learning and research.

 

You are solely responsible for determining whether your use of these digital assets requires written permission or consent from the rights holder, and for responding to any claims that may arise from your use. In some cases, content may be in the public domain. In other cases, there may be copyright, publicity and privacy rights, or other proprietary rights, held by individuals or entities other than, or in addition to, the Yale Peabody Museum. By using the materials contained on this site, you agree and warrant that your use will not violate the rights of the Yale Peabody Museum or any other person or entity.

 

Copyright Ownership

 

The Yale Peabody Museum is the owner of the compilation of the data, digital assets, software, code, documentation, text, design elements and other information contained in its web services. Unless otherwise stated, the Yale Peabody Museum retains all rights, copyright and other proprietary rights in content found in its web services.

 

In some cases, copyright or other proprietary rights to content contained on the website may be held by individuals or entities other than, or in addition to, the Yale Peabody Museum. In still other cases the content may be in the public domain.

 

Fair Use

 

The Peabody welcomes your fair use of copyrighted Yale Peabody Museum materials as defined by United States copyright law. The United States copyright law contains an exception for fair use of copyrighted materials, which includes the use of protected materials for certain purposes of teaching, scholarship, research, criticism, commentary, and news reporting. Accordingly, users may download these files for their personal or educational use, subject to any additional terms or restrictions, which may be applicable to the individual file or data. For guidelines on the fair use exception, please refer to the United States Copyright Office. Please also refer to the rights information in the record for each item.

 

You are solely responsible for determining whether your use constitutes fair use, and for responding to any claims that may arise from your use.

 

Commercial Use

 

If you wish to use any copyrighted materials or content from Yale Peabody Museum web services for any purpose other than fair use as defined by law, you must request and receive prior written permission for your intended use from the copyright holder. The copyright holder is usually the author of the material or the author’s heirs or assigns.

 

You are solely responsible for determining whether the Yale Peabody Museum or some other party holds the relevant rights in any content you may wish to use, for investigating the ownership of the copyright, and for obtaining permission for your intended use. The Yale Peabody Museum will have no responsibility for making any such determination, or in securing rights from a third party, for any user. The Yale Peabody Museum does not warrant that the use of the materials displayed on its web services will not infringe the rights of third parties.

 

In all cases, cite the Yale Peabody Museum as the source and, if particular content is copyrighted, you must cite all copyright information and comply with all other terms or restrictions that may be applicable to that content.

 

Open Access of Public Domain Materials

 

The Yale Peabody Museum is working to implement Yale University’s policy on open access on digital representations of works in the public domain from Yale’s museum, library and archive collections to make Yale Peabody Museum public domain materials freely accessible. For more information see What Is Public Domain? and FAQs on Open Access to Digital Representations of Works in the Public Domain from Museum, Library, and Archive Collections at Yale University.

 

Not all available content is unrestricted. Please refer to the rights information in the record for each item.

 

Credit and Attribution

 

If you use or reproduce Yale Peabody Museum materials in any format, we ask that you provide attribution to the Yale Peabody Museum and cite the author and source of the materials as you would material from any printed work. Please see the credit line provided in the record for each item.

 

Use the acronym “YPM” and the letter prefix with its 6-digit catalog number to cite Yale Peabody Museum specimens and artifacts, and include the URL “http://peabody.yale.edu” in addition to any copyright and/or proprietary notices accompanying the materials. For example:

 

The type specimen for Torosaurus latus Marsh, 1891 (YPM VP 001830).
Courtesy of the Peabody Museum of Natural History,
Division of Vertebrate Paleontology, Yale University; peabody.yale.edu.

 

Privacy, Publicity, and Third-party Rights

 

The rights of privacy and publicity are separate and distinct issues from copyright. While copyright laws protect the copyright owner’s property rights in the work, privacy and publicity rights protect the interests of the individuals who are the subject of the work.

 

The right of publicity is a person’s right to control, and profit from, the use of his or her name, image and likeness. This means that any use of a person’s name, image or likeness for commercial gain is not permitted without his or her consent.

 

The right of privacy is a person’s right to live outside of the public eye and free from the publicizing of intimate details of his or her life, which means that directing unwanted public attention to a person may give rise to a cause of action. While a person’s right to privacy generally ends with his or her death, publicity rights associated with the commercial value of that person’s name, image or likeness may continue after death. For example, many estates and representatives of famous deceased authors, photographers, celebrities and other well-known individuals continue to control and license use of their names and likenesses.

 

Issues pertaining to privacy and publicity may arise when you contemplate the use of the materials in the Yale Peabody Museum’s collections. For instance, if you want to download and reproduce a copyrighted photograph containing the name or likeness of one or more individuals, in addition to determining whether your intended use requires consent from the copyright holder and, if so, securing the copyright holder’s written permission, you may also need to secure the consent of the people in the photograph to comply with state privacy and publicity laws.

 

You are solely responsible for addressing issues of privacy and publicity rights relating to your use of these materials. The Yale Peabody Museum cannot advise you on whether materials you wish to use require third-party permissions.

 

Privacy Statement

 

The Yale Peabody Museum is committed to protecting the privacy of visitors to its web services. Please see Yale University’s Policy on Collection and Use of Personal Information.

 

Trademarks

 

Many of the associated trademarks, service marks, logos and design elements displayed on Yale Peabody Museum web services are owned by Yale University and may not be used except to provide attribution as specified herein. Trademarks of third parties may also be displayed on this site.

 

Nothing contained in Yale Peabody Museum web services should be construed as granting, by implication or otherwise, any license or right to use any trademarks, service marks, logos or design elements displayed on the web services without the express written permission of Yale University or any third party that may own such marks displayed by these web services. Any unauthorized use of trademarks or any other materials, except as authorized in these Terms of Use, is strictly prohibited.

 

For further information on use of Yale University’s trademarks see the Yale University Licensing Program.

 

External Links and Linking Policy

 

Yale Peabody Museum web services may provide links to material on other sites. Such links are given for the convenience of the user, but the Yale Peabody Museum does not control or take responsibility for the content of any off-site pages or linked sites or services.

 

The Yale Peabody Museum appreciates your use of its web services and understands that users may wish to link to these services. The Yale Peabody Museum retains the right to require that you remove such a link, which right shall be exercised in the Yale Peabody Museum’s sole discretion.

 

LIMITATIONS ON LIABILITY

 

THE YALE PEABODY MUSEUM TAKES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH ITS WEB SERVICES, BUT MAKES NO WARRANTIES AS TO ITS ACCURACY. THE YALE PEABODY MUSEUM HAS NOT REVIEWED ANY SITES LINKED TO ITS WEB SERVICES AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY SITES LINKED TO ITS WEB SERVICES. YOUR ACCESS TO, AND USE OF, YALE PEABODY MUSEUM WEB SERVICES, INCLUDING YOUR LINKING TO ANY OTHER OFF-SITE PAGES OR OTHER SITES, ARE AT YOUR OWN RISK.

 

YALE UNIVERSITY AND THE YALE PEABODY MUSEUM OF NATURAL HISTORY DO NOT ENDORSE ANY THIRD-PARTY SITES OR ANY OFFERS AVAILABLE THROUGH ANY SUCH SITES. THE YALE PEABODY MUSEUM HAS NO RESPONSIBILITY FOR ANY TRANSACTIONS AND COMMUNICATIONS BETWEEN YOU AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INFORMATION YOU MAY CHOOSE TO PROVIDE TO ANY THIRD PARTY.

 

YALE UNIVERSITY AND THE YALE PEABODY MUSEUM OF NATURAL HISTORY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF YALE PEABODY MUSEUM WEB SERVICES OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED WITH THESE SERVICES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YALE UNIVERSITY AND THE YALE PEABODY MUSEUM OF NATURAL HISTORY HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YALE UNIVERSITY AND THE YALE PEABODY MUSEUM OF NATURAL HISTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE YALE PEABODY MUSEUM WEB SERVICES.

 

YALE UNIVERSITY AND THE YALE PEABODY MUSEUM OF NATURAL HISTORY ASSUME 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 YALE PEABODY MUSEUM WEB SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS FROM THESE SERVICES. YOU EXPRESSLY AGREE THAT YOU USE YALE PEABODY MUSEUM WEB SERVICES, OR ANY MATERIALS OR CONTENT FROM THESE SERVICES, SOLELY AT YOUR OWN RISK. YOU ALSO HEREBY AGREE TO INDEMNIFY YALE UNIVERSITY AND THE YALE PEABODY MUSEUM, ITS EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY THIRD PARTY RELATING TO YOUR USE OF YALE PEABODY MUSEUM WEB SERVICES OR ANY MATERIALS OR CONTENT OBTAINED FROM THESE SERVICES.

 

Infringement

 

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, we urge you to contact peabody.permissions@yale.edu with details of your claim. The Yale Peabody Museum will promptly remove any material that is determined to be infringing on the rights of others.

 

Applicable Law and Jurisdiction

 

These Terms of Use and any amendments or revisions shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the State or Federal Courts located in the State of Connecticut.

 

Posted 11 November 2013

 

Updated 11 November 2013