Copyright and Proprietary Rights
The entire content of the Websites, including but not limited to text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content (collectively, the “Materials”) are proprietary to the Hammer or its licensors. The Hammer retains all rights, including copyright, in the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Hammer.
Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites, including HAMMER, HAMMER MUSEUM, and the HAMMER logo, are registered and/or unregistered marks of the Hammer. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the Hammer, or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
Unless otherwise expressly indicated, you may download or print Materials for non-commercial, educational, and personal use only, or for fair use as defined under United States copyright laws. You may download these files for your own use, subject to any additional terms or restrictions, which may be applicable to the individual file or program. You must, however, cite the author and source of the Materials, and the citations should include the URL http://hammer.ucla.edu, as well as any other proprietary markings appearing with such content, but not in any way that implies endorsement of the user or the user’s use of the Materials. You acknowledge that the Hammer and/or third-party content providers remain the owners of the Websites and their content, and that you do not acquire any ownership rights by downloading or posting copyright materials. You may not remove any copyright, trademark, or other proprietary notices that have been placed on or near the Materials by the Hammer.
The foregoing sets forth your entire right to copy and use Materials. You may not modify Materials on the Websites in any way that misrepresents the source, author, or content, or misrepresents or implies Hammer endorsement. Downloading, printing, copying, distributing, or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited without written consent of the Hammer or rights holder.
In addition, Materials appearing on the Websites under license from third parties are protected by copyright law and international conventions, and may not be reproduced, including by downloading, without the express consent of each third party indicated in connection with any work.
By sending, posting, uploading or transmitting messages, comments, content or other information to us or the Websites ("Submissions"), you grant the Hammer and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, exhibit, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You must not transmit any Submission to or through the Websites or to the Hammer that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
Any Submissions or other interaction with the Websites:
- Must be your own original work and not infringe anyone else’s rights, including copyright.
- Must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behavior.
- Must not contain unsuitable or irrelevant website addresses or URLs, links to pornography, commercial or other inappropriate content.
- Must not promote illegal or anti-social behavior, contain violent or sexually explicit material or advocate, promote or assist any unlawful act.
- Must not impersonate any other person, misrepresent your identity or affiliation with any person or to give the impression that they emanate from us.
We reserve the right, but are not obligated, to remove or disable access to any content that in our sole discretion violates these rules, any law, or disrupts the Websites in any way.
Links to Other Sites
For your convenience, the Websites sometimes provide certain links to sites operated by third parties. The Hammer is under no obligation to review the linked sites and is not responsible for their content. Links to third party sites do not imply endorsement, sponsorship or any affiliation with such sites. Your access of any third party site through a link on the Websites is at your own risk.
The Hammer does not warrant that use of the Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with the Hammer. The Hammer makes no representations or warranties as to the truth, accuracy or completeness of the content of the Websites and assumes no liability or responsibility for any errors or omissions in the content of the Websites. ALL CONTENT ON THE WEBSITES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS AND/OR NON-INFRINGEMENT. The Hammer assumes no responsibility, and shall not be liable for, any damages to your or your property that arise in connection with your access to or use of the Websites or their content.
You agree to indemnify, defend, and hold the Hammer and its respective officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorney’s fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its content.
Choice of Law
This Websites (excluding links to websites operated by others) is controlled and operated by the Hammer from its offices in Los Angeles, California. You agree that all claims you may have arising from or relating to the operation or use of the Websites will be heard and resolved in the courts of Los Angeles, California. You consent to personal jurisdiction of such courts over you, stipulate to the fairness and convenience of the proceedings in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Websites from locations other than Los Angeles, California, you will be responsible for compliance with all local laws of such other locations.
Amendment of Terms
Copyright Infringement Notice Procedures
We respect the intellectual property rights of others and prohibit users of the Websites from uploading, posting or otherwise transmitting on or to the Websites content that violate another party's intellectual property rights.
It is our policy to respond to notices and counter-notices that properly conform with the requirements of the Digital Millennium Copyright Act ("DMCA"). See the Copyright Office's web page at www.copyright.gov for details of the current DMCA requirements.
Notification of Alleged Infringement
If you believe in good faith that materials hosted on the Websites infringe your copyright, you or your agent may send us a written DMCA notification requesting that the material be removed or disabled and containing the following information:
- Detailed description of the copyrighted work (or list of works) that you claim has been infringed;
- The URL or other specific location on the Websites that contains the material that you claim to be infringing your copyright that is sufficient for us to locate the work;
- Your name, address, telephone number and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- A statement 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
- A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to [email protected]. We only act on valid DMCA notifications, which must fully comply with these requirements and other applicable requirements set forth by the US Copyright Office.
If you believe in good faith that your own copyrighted material has been removed from the Websites as a result of mistake or misidentification, you may submit a written counter notification letter to us, which must include the following information:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in Los Angeles, California if your address is outside the United States;
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
- Your name, address and telephone number;
- A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material, or that the material identified by the complaining party has been removed or disabled at the URL or Website location and will no longer be shown or accessible; and
- Your physical or electronic signature.
You must submit a counter notification to [email protected]. We only act on valid DMCA counter notifications, which must fully comply with these requirements and other applicable requirements set forth by the US Copyright Office.
We may send a copy of the counter notification to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against us or the user, the removed content may be restored.
If you have any questions or comments, please contact: [email protected]