Terms & Conditions

These terms and conditions (“Terms”) govern (i) the American Windmill Museum’s websites.

1. The text, images, media clips, and data on the American Windmill Museum (“Museum”) websites and all content and services made available via the Internet or otherwise (“Sites”) are governed by these Terms. If you do not agree with these Terms, you may not use the Sites and/or any other offering made available by the Museum using the Internet.
2. The Museum reserves and retains all of its rights, including copyright, in data, images, software, documentation, text, and other information on the Sites (collectively, “Materials”). Copyright and other proprietary rights in the Materials may be held by individuals or entities other than, or in addition to, the Museum.
3. The Museum is committed to protecting the intellectual property rights of visual, sound, literary, and performing artists as well as others who hold copyright. The Museum expressly prohibits the copying or redistribution of any Materials, except when permitted for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Any downloading or other copying of files may also be subject to additional terms or restrictions that are applicable to the individual file or program. When permitted, use of copied files must be accompanied by a citation of the author and source of the Materials as they would material from any printed work. The Museum does not warrant that any otherwise permissible download or other copy or redistribution of the Materials displayed on the Sites will not infringe the rights of third parties not affiliated with the Museum. Such Materials should not be downloaded or redistributed without prior permission from the holders of the underlying copyright or other rights.

Copying or redistribution of any Materials in any manner for commercial use, including commercial publication, or for personal financial gain is strictly prohibited.

Requests for reproduction-quality images may be sent to:

Intellectual Property Administrator
American Windmill Museum
1701 Canyon Lake Drive

Lubbock TX, 79403
sales@windmill.com

4. Consistent with the Museum’s commitment to the protection of intellectual property rights, in connection with any content or material posted by users of or visitors to the Sites (“User Materials”), the Museum complies with the protections and notice and take down provisions of the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any User Material infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Museum to locate the material;
• Information reasonably sufficient to permit the Museum to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• 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;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement should be sent to the Museum’s designated copyright agent to receive notifications of claimed infringement,

Intellectual Property Administrator
American Windmill Museum
1701 Canyon Lake Drive

Lubbock TX, 79403
sales@windmill.com

5. You hereby grant the Museum a perpetual, royalty-free license to use, display, publish, disseminate, or otherwise exploit any User Material you submit in connection with the Sites.  You warrant that you have all necessary permissions and rights, including copyrights, trademark rights, and publicity rights, in any such User Material, and that such User Material shall be free from any malware, viruses, or other intrusive or potentially harmful code.  You agree to indemnify, defend, and hold the Museum, and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against any claims, costs (including reasonable attorneys’ fees), expenses, fees, liabilities, or other loss arising from or relating to User Material submitted by you or submitted using any userid, membership card, PIN, or other authentication credentials assigned to or selected by you.
6. Many of the trademarks, service marks, and logos displayed on the Sites (collectively, “Trademarks”) are registered or common law trademarks or service marks of the Museum. The trademarks or service marks of third parties may also be displayed on the Sites. Nothing contained in the Sites or these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the advance written permission of the Museum or any third party that may own or license the Trademarks displayed on the Site. Any unauthorized use of the Trademarks is strictly prohibited.
7. Without limiting the foregoing, the Sites and all Materials and User Materials are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. The Museum assumes no responsibility, and shall not be liable for, any incremental costs, damages, or interruption to, or viruses that may infect, your computer equipment or service, mobile devices or service, or other property or systems on account of your use of the Sites including any Materials or User Materials. You agree to indemnify, defend, and hold the Museum, and its affiliates, trustees, directors, officers, employees, and agents, harmless from and against any claims, costs (including reasonable attorneys’ fees), expenses, fees, liabilities, or other loss arising from or relating to your use of the Sites or use of the Sites by any other person using any userid, membership card, PIN, or other authentication credentials assigned to or selected by you.  Notwithstanding the foregoing, please remember that access to or use of the Sites by any third person using your authentication credentials is unauthorized and strictly prohibited.
8. Any links to third-party websites provided on the Sites are for convenience purposes only.  The Museum has not reviewed and does not endorse any such third-party websites, and the Museum is not responsible for the content of such websites or the handling of personal or other information by such websites.
9. The Museum may revise these Terms by updating this posting.  Although the Museum may post a notice of any such revisions, the currently-posted version of these Terms will govern use of the Sites on a prospective basis.  Notwithstanding the foregoing, if you have electronically signed these Terms by clicking “I agree” or otherwise, the version you electronically signed shall continue to apply to the aspects of the Sites with respect to which your signature was originally obtained, but you may be required to electronically sign updated Terms as a condition to continued use of those aspects of the Sites.