Terms & Conditions

Terms and Conditions of Use for Brooklyn Public Library's Digital Objects
Definition

The phrases "Brooklyn Public Library's digital objects" or "digital objects" herein designate:

  • digitized photographs as presented in the Library catalog
  • the Brooklyn Daily Eagle Online, as represented in the site http://eagle.brooklynpubliclibrary.org (content as electronically presented, functions, and structure, parts of which maybe copyrighted to third parties.)
  • other digital materials

"Digital objects" designates both individual items as well as multiple items in whole or in part created by Brooklyn Public Library and presented on the Library's web site and the like.

Limitations of Service

By using Brooklyn Public Library's digital objects as provided and operated by Brooklyn Public Library, user agrees to abide and be bound by this Agreement which includes all terms, conditions, provisions and applicable usage guidelines related to the website. Brooklyn Public Library may modify or terminate services from time to time, for any reason, and without notice, without liability to any user or third party.

The Library also reserves the right to modify the Conditions of Use from time to time without notice. Any modifications and revisions are effective immediately upon publication on this web page. By using Brooklyn Public Library's digital objects, the user agrees to be bound by such modifications and revisions. User's continued use after any change indicates acceptance of any changes. Users who wish not to be bound by any change must discontinue use of Brooklyn Public Library's digital objects immediately. Users are reminded to review all conditions of use from time to time in order to be appraised of any changes.

Brooklyn Public Library disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed in digital form. The Library disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or materials except as determined by a separate written use agreement and payment of appropriate fees. The Library disclaims any responsibility for any harm resulting from downloading or accessing any material on the Internet. See also Advisory section.

Brooklyn Public Library's digital objects are provided "as is," with no warranties whatsoever. Brooklyn Public Library expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Brooklyn Public Library disclaims any warranties regarding the security, reliability, timeliness, and performance of the Brooklyn Public Library's digital objects. Brooklyn Public Library disclaims any warranties for any information or advice obtained through use of Brooklyn Public Library digital objects. Brooklyn Public Library disclaims any warranties for services or goods received or advertised through Brooklyn Public Library's digital objects or web sites. Brooklyn Public Library disclaims any warranties for any information or advice, services, or goods received through or advertised on any links provided by Brooklyn Public Library web sites, including the Brooklyn Daily Eagle Online.

The user understands and agrees that any downloading or obtaining of material or data through the use of Brooklyn Public Library's digital objects is done at the user's own discretion and risk. The user will be solely responsible for any damages to computer systems or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to all users. Users may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall Brooklyn Public Library, its employees, officers, agents, trustees or other representatives, be liable to any user on account of that user's use or misuse of or reliance on the Library's digital objects, arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if The Library has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Library's digital objects, from inability to use the Library's digital objects or from the interruption, suspension, or termination of the Library's digital objects (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received or advertised through the Library's digital objects or received through any links provided by the Library's digital objects, as well as by reason of any information or advice received through or advertised through the Library's digital objects or received through any links provided by the Library's digital objects. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the digital objects or any information or merchandise that appears on, or is linked or related in any way to, the Brooklyn Public Library's digital objects. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Without limiting the foregoing, under no circumstances shall Brooklyn Public Library be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Approved Uses

Users are reminded that Brooklyn Public Library provides digital objects for non-commercial educational, personal or scholarly purposes. Users may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material without prior written approval and payment of appropriate fees.

The burden of determining that use of any information, software or any digital objects on the website is permissible rests with the user. Transmission or reproduction of protected items beyond that allowed by fair use requires the written permission of the copyright holders. For further information, please see the Copyright section below.

Prohibited Uses

Deep Linking: Users may link to the Library's site for noncommercial purposes, however users are not permitted to link or shortcut to any digital object or any other page than the Brooklyn Public Library home page at http://www.brooklynpubliclibrary.org or the Brooklyn Daily Eagle Online splash page at http://www.brooklynpubliclibrary.org/eagle.

Framing: Users may not frame or otherwise host any portion of Brooklyn Public Library's digital objects or web pages within any other web site without written permission in advance from Brooklyn Public Library. Users may not place any part of Brooklyn Public Library's digital objects within a frame, page, or portion of a page on any other web site without written permission in advance from Brooklyn Public Library and payment of appropriate fees.

Harvesting: Any harvesting of Brooklyn Public Library's digital objects, either manually or by automated means, for use in other web sites or in any other products, is expressly forbidden. Brooklyn Public Library and Brooklyn Daily Eagle Online graphic elements and the contents of this web site and database, excluding materials that are in the public domain, are copyright © Brooklyn Public Library 2003.

No Commercial Use: Using BPL's digital objects for commercial purposes without the Library's official prior written permission and payment of associated fees, is illegal.

Advisory

Brooklyn Public Library provides access to a broad range of historical resources, including the Brooklyn Daily Eagle Online and digitized photograph collections. Some of these materials may contain offensive language or stereotypes. Such materials should be viewed in the context of their relevant time periods. All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality.

Copyright and Other Rights Issues

In many cases the Library only holds the physical rights to images and other materials in its collections. The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or any other reproductions of copyrighted materials. The Library may provide access to third-party electronic content. Those resources are subject to Terms and Conditions as provided by the owners.

Brooklyn Public Library is not responsible for the improper or illegal use of any copies of materials from its collections. It is the user's responsibility to guard against the infringement of rights that may be held by others and for clearing reproduction rights and copyright restrictions. Copyright and credit information for the Library's digital objects is provided if known. The Library provides such information as a service to aid customers in determining the appropriate use of an item, but that determination ultimately rests with the user. It is the user's obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials from the Library's collections.

Use of materials found in the Brooklyn Public Library's collections, including digital objects, might raise issues of the subject's right of privacy or to control the use of their image. Users are solely responsible for determining whether their use of any digital object requires the permission of any other person or entity and are responsible for paying any associated fees. Users with further questions about the legal issues surrounding the use of digital objects should contact an attorney.

Any copyright owners or other interested parties who are not properly identified may contact the Brooklyn Collection of the Brooklyn Public Library, so that appropriate information may be provided in the future. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling or access to material claimed to be subject of infringing activity. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), the Brooklyn Public Library is the designated agent for notice of alleged copyright infringement appearing on our site. Direct any notices of infringement to the Brooklyn Collection staff. To file a notice of infringement with us, you must fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov.

Personal Information

Brooklyn Public Library may gather data about users of Brooklyn Public Library's digital objects for internal, statistical purposes and in order to improve our service to the public. The Brooklyn Public Library reserves the right to contact users of the Library's digital objects directly in order to improve customer service. While Brooklyn Public Library may share summaries and analyses of combined user demographics, traffic and usage patterns with third parties, such data-groupings are always anonymous and thus contain no specific names, contact information, credit card information or any other individual data. In such cases, even these anonymous, gathered statistics are shared with only our sponsors or business partners. Brooklyn Public Library does not sell, rent, exchange, share or otherwise provide personal information to other people, companies or entities, without the express permission of the user.

Proprietary Rights

Choice of Law and Forum Selection Brooklyn Public Library specifically retains any rights to its digital objects, including any possible copyright, which it may have in data, files, and/or the images they contain. Use, reproduction, copying or redistribution of trademarks or other proprietary materials of Brooklyn Public Library, without the prior written permission of Brooklyn Public Library is prohibited.

Choice of Law and Forum Selection

By entering the Brooklyn Public Library's web sites and using the Library's digital objects, user is agreeing that any dispute arising out of or relating to these terms or any content posted by Brooklyn Public Library on their sites, including copies and republication thereof, whether based in contract, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Kings County, New York as the legal forum for any such dispute and waive any objections to venue of any such litigation in courts located in Kings County, New York and agree not to plead or claim that Kings County, New York, is an inconvenient forum.

Questions

If you have any questions about this User Agreement, contact the Brooklyn Collection staff. If you do not agree with these Terms and Conditions, you may not use or access the Brooklyn Public Library's digital objects. Brooklyn Public Library reserves the right to change this User Agreement at any time without notice.

Ordering Copies of Prints and Photographs

This section refers to digital images from the Brooklyn Collection available in the Library catalog. No image will be supplied without accompanying payment for the full cost. Please make sure you understand the implications of current copyright law.

To order reproductions please contact the Brooklyn Collection.

Brooklyn Public Library is a private, not-for-profit organization and its research collections are largely dependent on non-governmental sources, including contributions, investment income, royalties and other revenue for operating funds. To make possible the continued growth of the Library's collections, use and reproduction fees help offset the costs of acquiring, cataloging and preserving the materials.

As part of its public service mission, Brooklyn Public Library provides reproductions of items from its collections for personal or research use. If an image is to be reproduced in any type of publication, CD-ROM, broadcast, exhibition, web site, etc. prior written permission is required and use fees will be assessed. See Use Fees section.

Copies of the materials displayed in this database are normally available for purchase for non-commercial purposes. Only access-quality browsing images are displayed on this web site. Photographic prints, slides and other formats are available for purchase as allowed under copyright and rights restrictions.

Other parties may own some photographs in this database and Brooklyn Public Library may not be able supply copies of those photographs. You must contact the rights holder as indicated in the image detail for current costs and options for purchase, if any.

Use Fees

For commercial use of an image in the Library catalog Use Fees apply.

  • Please note that use fees are in addition to photographic reproduction charges.
  • Fees are charged for the non-exclusive, one-time use of public domain and copyrighted material.
  • Any subsequent use or reuse must be applied for in writing. Reuses will be charged a discounted fee.