Terms & Conditions

Acceptance of Terms and Conditions

Access to and use of The Eric Carle Museum of Picture Book Art (“The Carle”) website (“Site”) is subject to the following terms and conditions (“Terms & Conditions”) as well as all applicable federal and state laws. By accessing the Site, you (“User”) unconditionally accept without modification the Terms & Conditions and agree to be bound by its terms. The User acknowledges that The Carle may revise the Terms & Conditions at any time without notice. By accepting the Terms & Conditions, the User agrees not to use the Site in order to violate any laws or to interfere with the operation of the Site. By accessing the Site, the User consents to the Terms & Conditions. If the User does not agree to the Terms & Conditions, please exit now and do not use The Carle’s Site.

User Privacy

The Carle is committed to protecting the privacy of its Users in accordance with applicable laws and regulations. All information gathered from Users in connection with their use of the Site is governed by The Carle’s Privacy Policy (“Privacy Policy). The Carle’s Site is not specifically dedicated to children and The Carle does not actively solicit information from children. Children under the age of 13 are required to obtain permission from an adult before submitting information to The Carle.

Copyright

All photographs, images, graphics, video, text, data, information, and other materials, along with the layout and design of the Site (“Content”) are protected by the copyright laws of the United States and other jurisdictions. The Carle has made every effort to ensure that the reproduction of all content on the pages of the Site is done in accordance with US copyright law and with approval of the copyright owners. Content may not be reproduced, modified, redistributed or otherwise used in any way without prior written permission from the owner.

Trademarks

The names and logos (“Marks”) that appear on the Site are registered and unregistered marks of The Carle, including but not limited to The Eric Carle Museum of Picture Book Art, The Eric Carle Museum, and The Carle. Use of the Marks is strictly prohibited without prior written permission of The Carle.

The trademarks of third parties may also appear on the Site, including but not limited to The Very Hungry Caterpillar ™ & © Penguin Random House LLC. All Rights Reserved. Use of third-party trademarks is prohibited without prior written permission of their respective owners. Nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that The Carle has authority to grant any right or license on behalf of any third-party trademark owner.

Requests for Use and Images

Requests for use of Content from the Site for purposes should be directed to Sandy Soderberg, Marketing Manager—visit our Contact page. All requests must include the name of the requester, intended use, author, publisher, date of publication, and format requirements. Permission for use is granted on a case-by-case basis at the sole discretion of The Carle. Licensing and/or photography fees may be charged. The Carle reserves the right to deny permission for use of its Content, and does not grant permission for use of Content owned by third parties.

Fair Use

As an educational, non-profit institution, The Carle employs the concept of "fair use" as defined in Section 107 of the Copyright Act in its reproductions of copyrighted works. Additional information about The Carle’s fair use policy may be requested—visit our Contact page.

Public Domain

Content that The Carle believes to be in the public domain (“Public Domain”), which are identified as Public Domain on the Site, may be downloaded for limited non-commercial, educational, and personal use only, or for “fair use” as defined by U.S. copyright laws. By providing the Public Domain mark, The Carle does not represent or warrant that the work associated with the mark is not protected by copyright or any other intellectual property right which may arise by U.S. statute, common law, or international law. The Public Domain mark merely indicates that The Carle is unaware of any current copyright restrictions on the Content so designated, either because the copyright has expired or no evidence has been found that copyright restrictions apply.

Linking to Other Sites

The Carle contains hyperlinks to other internet sites not under its control. These hyperlinks are not express or implied endorsements or approvals by The Carle of any products, services, or information from these sites. Likewise, The Carle is not responsible for the content of any off-site pages or other sites linked to the Site. Linking to any off-site pages or other sites is at User’s own risk.

Indemnification

The User agrees to indemnify, defend, and hold The Carle and its Trustees, employees, affiliates, officers, agents, co-branders, and other partners, harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages, including copyright infringement, made by any third party due to or arising from or in connection with User’s use of the Site or any of its Materials.

Disclaimer of Warranties

The Carle provides the Site on an “as is” basis. Use of the Site and Content is at the User’s own risk. The Carle 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/or noninfringement of copyrights or other third party proprietary rights. The Carle does not warrant that the Site will provide continuous, prompt, secure, or error-free service. The Carle makes reasonable, ongoing efforts to revise and update the Site, but assumes no liability for any errors or omissions, including the inaccuracy of the Content, or for any damages or losses that the User or any third party may incur as a result of the unavailability of the Site. The Carle assumes no responsibility and shall not be liable for, any damages, to, or viruses that may affect the User’s computer equipment or other property arising from use of the site, including but not limited to the reproduction of the Content.

Limitation of Liability

Neither The Carle, its Trustees, employees, affiliates, officers, agents, co-branders, and other partners shall be liable 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 your use of the site, content and/or compilation.

Severance and Waiver

The User acknowledges and agree that in the event any provision of these Terms & Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms & Conditions. The Carle’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by The Carle.

Choice of Law and Forum

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or U.S. federal courts located in Hampshire Country Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms & Conditions, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between the User and The Carle regarding the use of the Site and its Content, superseding any prior agreements between the User and The Carle relating to the subject matter hereof.

Entire Agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

Contact

Please contact The Carle with any questions, comments, or concerns about the Terms & Conditions or any other aspect of The Carle Site.